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U.S. Department of Transportation U.S. Department of Transportation Icon United States Department of Transportation United States Department of Transportation

Interpretation Response #13-0181 ([Northern Air Cargo, Inc.] [Mr. Mark Smith])

Below is the interpretation response detail and a list of regulations sections applicable to this response.

Interpretation Response Details

Response Publish Date:

Company Name: Northern Air Cargo, Inc.

Individual Name: Mr. Mark Smith

Location State: AR Country: US

View the Interpretation Document

Response text:

February 25, 2014

Mr. Mark Smith
Northern Air Cargo, Inc.
3900 Old International Airport Rd.
Anchorage, AK   99502

Ref. No. 13-0181

Dear Mr. Smith:

This responds to your September 2, 2013 request for clarification and a follow up telephone conversation with a member of our staff on the use of the environmentally hazardous substance proper shipping name under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180).   In your letter, you suggest that the United States (US) Variations to the International Civil Aviation Organization’s Technical Instructions (ICAO TI), specifically Variation 4, may conflict with the § 172.102 Special Provision (SP) 146 with regard to the use of the environmentally hazardous substance proper shipping name.

SP 146 permits the use of the environmentally hazardous substance proper shipping name for a material that poses a hazard to the environment but does not meet: (1) the definition for a hazardous waste or a hazardous substance (See § 171.8) of this subchapter, or (2) any hazard class, (See part 173) if the material is designated as environmentally hazardous by another Competent Authority. This provision may be used for both domestic and international shipments.  

As what constitutes an environmentally hazardous substance may vary in different countries, the intention of SP 146 is to address materials which do not meet the HMR definitions of hazardous waste, hazardous substance or a hazard class but have been deemed environmentally hazardous by a Competent Authority other than the US.  Specifically, SP 146 permits these materials to use the environmentally hazardous substance proper shipping names both domestically and internationally.

As you noted in your incoming letter, Variation 4 of the US Variations to the ICAO TI, cites examples of shipments offered as a hazardous substance or a hazardous waste using the “UN3077, Environmentally hazardous substance, solid, n.o.s., 9, III” description.  As noted in the introductions to each of the corresponding sections, Variation 4 addresses materials that meet the HMR definitions for a hazardous waste or a hazardous substance.  Therefore, Variation 4 would not be in conflict with SP 146 as Variation 4 addresses HMR regulated hazardous wastes or hazardous substances and SP 146 addresses material which do not meet the HMR definitions of a hazardous waste, hazardous substance or hazard class but have been deemed environmentally hazardous by another Competent Authority.

Based on this clarification, your questions are paraphrased and answered below.

Q1.  For a material not meeting the HMR definition of a hazardous waste or substance may the proper shipping name “UN3077, Environmentally hazardous substance, solid, n.o.s. (lead), 9, III” be used?

A1. In accordance with § 172.102 SP 146, for a material not meeting the HMR definition of a hazardous waste or substance or any hazard class, the proper shipping name “UN3077, Environmentally hazardous substance, solid, n.o.s. (lead), 9, III” may only be used if another Competent Authority has deemed the material environmentally hazardous.  This provision may be used for both domestic and international shipments.

Q2.  For a material meeting the HMR definition of a hazardous waste or substance may the proper shipping name “UN3077, Environmentally hazardous substance, solid, n.o.s. (lead), 9, III” be used?

A2.  Yes, a material meeting the HMR definition of a hazardous waste or substance may use the proper shipping name “UN3077, Environmentally hazardous substance, solid, n.o.s. (lead), 9, III.”   However, it should be noted that for a hazardous substance, § 172.203(b) requires the letters “RQ” must be entered before or after the basic description, and for hazardous waste, § 171.101(c)(9) requires shippers to place the word “waste” in front of the proper shipping name, if the material is a waste as defined in § 171.8, and the material description does not already include the word “waste.”

I hope this answers your inquiry.  If you need additional assistance, please contact this office at 202-366-8553.

Sincerely,

Robert Benedict
Chief, Standards Development Branch
Standards and Rulemaking Division

172.102 SP 146, 171.8

Regulation Sections

Section Subject
171.8 Definitions and abbreviations