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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 #15-0220 ([KTM North America, Inc.] [Ms. Cheryl Webb])

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

Interpretation Response Details

Response Publish Date:

Company Name: KTM North America, Inc.

Individual Name: Ms. Cheryl Webb

Location State: CA Country: US

View the Interpretation Document

Response text:

February 22, 2016

Ms. Cheryl Webb
Director of Legal Department
KTM North America, Inc.
38429 Innovation Ct.
Murrieta, CA 92563

Reference No. 15-0220

Dear Ms. Webb:

This responds to your letter regarding exceptions for the transportation of accumulators on board a passenger-carrying aircraft under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) and the International Civil Aviation Organizations Technical Instruction for the Safe Transport of Dangerous Goods by Aircraft (ICAO Technical Instructions).  Consistent with a previously issued letter of interpretation Ref. No. 09-0105, you ask for confirmation of your understanding that closed-case suspension systems used by KTM Motorsports and Husqvarna Motorsports are not subject to the HMR, provided the accumulators meet all of the requirements of §173.306(f)(4).  You attached with your letter documentation from WP Performance Systems, the manufacturer of the suspension systems, substantiating that the systems meet conditions of the ICAO Technical Instructions Special Provision “A114.”

Your understanding is correct.  Accumulators intended to function as shock absorbers, struts, gas springs, pneumatic springs or other impact or energy-absorbing devices are not subject to the HMR, provided they meet the criteria as specified in § 173.306(f)(4).  In addition, articles, containing gas, intended to function as shock absorbers, including impact energy absorbing devices, or pneumatic springs are not subject to the ICAO Technical Instructions, provided each article meets the conditions of Special Provision “A114,” if all or part of the transportation is by aircraft.

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


Duane A. Pfund
International Standards Coordinator
Standards and Rulemaking Division

Regulation Sections

Section Subject
173.306 Limited quantities of compressed gases