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Interpretation Response #15-0059 ([Cargolux Airlines International SA] [Mr. Gerard Guillaume])

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

Interpretation Response Details

Response Publish Date:

Company Name: Cargolux Airlines International SA

Individual Name: Mr. Gerard Guillaume

Country: US

View the Interpretation Document

Response text:

July 1, 2016

Mr. Gerard Guillaume
Head of Logistics Competence
Deputy Post-Holder, Ground Ops
Cargolux Airlines International SA
Luxembourg Airport
L-1360 Luxembourg City
LUXEMBOURG

Reference No. 15-0059

Dear Mr. Guillaume:

This letter is in response to your March 30, 2015, letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the information required on shipping papers.  Specifically, you ask whether foreign air carriers engaged in international transportation must comply with the requirements found in §§ 175.33(a)(1)(i) or (a)(1)(ii) of the HMR.  

Section 175.33(a) requires that a hazardous material subject to the provisions of the HMR be accompanied by the shipping paper for that material when carried aboard an aircraft and that the operator of the aircraft provide the pilot-in-command with accurate and legible information about the hazardous material shipment as early as practicable before departure of the aircraft.  Section 175.33(a) further specifies that the information required on the notification of the pilot-in-command (NOPIC) must be as specified in either § 172.101 of the HMR or the International Civil Aviation Organization (ICAO) Technical Instructions for the Safe Transport of Dangerous Goods by Air (Technical Instructions).  If the operator of the aircraft chooses to prepare the NOPIC in conformance with § 172.101, § 175.33(a)(1)(i) requires that this information must comply with any additional applicable requirements prescribed in §§ 172.202 and 172.203; however, it does not require the type of package to be included on the shipping paper.  If the operator of the aircraft chooses to prepare the NOPIC in conformance with the ICAO Technical Instructions, § 175.33(a)(1)(ii) requires that this information be described by the proper shipping name, hazard class, and identification number that appears in the ICAO Technical Instructions and include any additional information required to be shown on shipping papers in accordance with Part 171, Subpart C, of the HMR.

In your letter, you also ask if the following interpretation is correct:    

Whenever a substance or material is listed by proper shipping name and UN identification number in the International Civil Aviation Organization (ICAO) Technical Instructions for the Safe Transport of Dangerous Goods by Air (Technical Instructions), or the International Air Transport Association (IATA) Dangerous Goods Regulations (DGR), and is transported as authorized under 49 CFR Part 171, Subpart C, the provisions of § 175.33(a)(1)(ii) apply and the provisions of § 175.33(a)(1)(i) do not.  Further, § 171.23(b)(5) requires that the shipping paper, hence the notification-of-pilot-in-command (NOPIC), must also include the additional description required in § 172.203(c) only.  

As stated previously, we agree that NOPICs prepared in conformance with the ICAO Technical Instructions must comply with § 175.33(a)(1)(ii).  However, they are also subject to all the applicable requirements prescribed in 49 CFR Part 171, Subpart C—such as the requirement to list a hazardous substance on a shipping paper as prescribed in § 172.203(c) and to include other notations and information specific to the material being shipped.   

I hope this information is helpful.  Please contact us if we can be of further assistance.

Sincerely,

T. Glenn Foster
Chief, Regulatory Review and Reinvention Branch
Standards and Rulemaking Division
175.33(a)(1)(i), 172.101, 171.23(b)(5), 172.203(c)

Regulation Sections

Section Subject
171.23 Requirements for specific materials and packagings transported under the ICAO Technical Instructions, IMDG Code, Transport Canada TDG Regulations, or the IAEA Regulations
172.101 Purpose and use of hazardous materials table
172.203 Additional description requirements
175.33 Shipping paper and notification of pilot-in-command