Interpretation Response #15-0145 ([Northern Air Cargo, Inc.] [Mark Smith])

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

Interpretation Response Details

Response Publish Date: 03/07/2016

Company Name: Northern Air Cargo, Inc.

Individual Name: Mark Smith

Location State: AK Country: US

View the Interpretation Document

Response text:

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

Ref. No. 15-0145

Dear Mr. Smith:

This responds to your July 10, 2015 email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) and the International Civil Aviation Organization’s Technical Instructions for the Safe Transport of Dangerous Goods by Air (ICAO TI) applicable to indicating use of an overpack on shipping papers.  Specifically, you provide an example of a shipping paper entry and ask whether it conforms to both the HMR and the ICAO TI.  Your questions are paraphrased and answered as follows:

Q1. When shipping under the HMR, are offerors required to add the word “overpack” to the shipping paper?

A1. No.  However, § 172.201(a)(4) states that any additional information concerning the material that is not inconsistent with the basic description may be included on the shipping paper, provided it is placed after the basic description required by § 172.202(a).   

Q2. When shipping under the ICAO TI, are offerors required to add the word “overpack” to the shipping paper?

A2. Yes.  As provided in the ICAO TI Part 5, Chapter 4.1.5.8.1, the dangerous goods transport document must also contain an indication that an overpack has been used, when appropriate.

Q3. When including an indication of the use of an overpack on a shipping paper in accordance with the ICAO TI, would the following shipping description satisfy both the HMR and ICAO TI requirement to list the number and type of packagings being offered (note: there are 20 fiberboard boxes total)?

“UN1263, Paint, 3, II, 10 fiberboard boxes X 2L, OVERPACK USED x 2 (#1 #2)”

A3. No.  Both the ICAO TI and the HMR require the number and type of packages covered by the shipping description to be indicated on the shipping paper.  It is the opinion of this Office that the description you provided does not clearly indicate the total number and type of packages covered under the description.
 

I trust this satisfies you inquiry.  Please contact us if we can be of further assistance.

Sincerely,

Duane Pfund
International Standards Coordinator
Standards and Rulemaking Division
172.201(a)(4)

Regulation Sections