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Interpretation Response #16-0169

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

Interpretation Response Details

Response Publish Date:

Company Name: Kalitta Air LLC

Individual Name: Mr. Tim Shaw

Location State: MI Country: US

View the Interpretation Document

Response text:

November 16, 2017
 
 
Mr. Tim Shaw
Kalitta Air, LLC.
818 Willow Run Airport
Ypsilanti, MI 48198
 
Ref. No.: 16-0169
 
Dear Mr. Shaw:
 
This responds to your October 12, 2016 letter requesting clarification on shipping paper requirements and package quantity limitations for Class 1 materials under 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).  Specifically, you ask about the shipping paper requirements and net quantity limits applicable to Class 1 (explosive) materials or articles.  Your questions are paraphrased and answered as follows:
 
Q1.      For transportation by aircraft, you ask if the net explosive mass (NEM) may be expressed on a shipping paper as the net weight of an article and not differentiate between the two.
 
A1.      Under the HMR, for Class 1 materials, the quantity must be the net explosive mass. For a Class 1 material that is an article, the net explosive mass may be expressed in terms of the net mass of either the article or the explosive materials contained in the article.
 
Q2.      Does the ICAO TI allow the net explosive mass indicated on a shipping paper to be expressed in terms of either the net mass of the article or the explosive materials contained in the article, or does it differ from the HMR and require an indication the explosive materials contained in the article only?
 
A2.      The ICAO TI in Part 5;4.1.5.1 states that the net quantity of dangerous goods in each package must be indicated by mass or volume as appropriate.  For explosive articles of Class 1, the net quantity must be supplemented with the NEM.  The definition for net explosive mass in Part 1;3.1.1 states:
 
Net explosive mass (NEM). The total mass of the explosive substances, without the packagings, casings, etc.
 
Q3.      You provide an example of a shipment consisting of UN0186, Rocket motors, 1.3C.  Each rocket motor has a net mass (net quantity) of 381.03 kg and a net explosive mass of 110.34 kg.  The net quantity limit per package under both the HMR and the ICAO TI is 220 kg for UN0186. You ask which weight is used for determining the quantity limit per package.
 
A3.      The net mass of the article (rocket motors) is used for determining per package quantity limitations set forth in Column 9 of the § 172.101 Hazardous Materials Table.  As prescribed in § 172.101(j)(3), when articles or devices that are specifically listed by name in the HMT, the net quantity limitation applies to the entire article or device (less packaging and packaging materials) rather than only to its hazardous components.  This is consistent with the definition for "Net quantity" in Part 1;3.1.1 and provisions in Part 3, Chapter 2.1.1 "Column 11" and "Column 13" of the ICAO TI.   In the scenario described, the rocket motors would not be eligible for air transport unless under the terms of a special permit.
 
I hope this answers your inquiry.  If you need additional assistance, please contact the Standards and Rulemaking Division at (202) 366-8553.
Sincerely,
 
 
 
Duane A. Pfund
International Standards Coordinator
Standards and Rulemaking Division
 
172.101, 172.101(j)(3)

Regulation Sections

Section Subject
172.101 Purpose and use of hazardous materials table