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Interpretation Response #14-0212 ([Product Regulatory Services] [Mr. Robert Miller])

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

Interpretation Response Details

Response Publish Date:

Company Name: Product Regulatory Services

Individual Name: Mr. Robert Miller

Location State: NJ Country: US

View the Interpretation Document

Response text:

March 13, 2015

Mr. Robert Miller
Product Safety Specialist II
Product Regulatory Services
Evonik Corporation
299 Jefferson Road
Parsippany, NJ 07054

Ref. No.: 14-0212

Dear Mr. Miller,

This is in response to your November 3, 2014 e-mail requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) in reference to a previous letter of interpretation Ref. No. 14-0021 relating to the applicability of the HMR to hazardous materials aboard an aircraft that overflies U.S. airspace. Specifically, you ask if the HMR apply to an air shipment prepared in accordance with international regulations without the intent of overflying the U.S., but unbeknownst to the offeror, does overfly U.S. airspace due to an unplanned change in flight path.

The answer to your question is yes, the provisions of the HMR do apply. As stated in § 171.1(c), the HMR applies to transportation of a hazardous material in commerce and to each person who transports a hazardous material in commerce. The definition of "commerce" in § 171.8 is trade or transportation in the jurisdiction of the United States. The jurisdiction of the United States includes the airspace. The offering for transportation and acceptance of hazardous materials packaged in accordance with the International Civil Aviation Organization’s (ICAO) Technical Instructions for transport to, from and within the U.S. is authorized under Subpart C of Part 171 of the HMR.

I trust this information is helpful. If you have further questions, please do not hesitate to contact this office.

Sincerely,

 

Duane Pfund
International Standards Coordinator
Standards and Rulemaking Division

171.1(c), 171.8

Regulation Sections

Section Subject
171.1 Applicability of Hazardous Materials Regulations (HMR) to persons and functions
171.8 Definitions and abbreviations