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Interpretation Response #19-0074


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

Interpretation Response Details

Response Publish Date: 03-11-2020
Company Name: Chammas Cutters Inc.    Individual Name: Michel Chammas
Location state: TX    Country: US

View the Interpretation Document


Response text:

March 11, 2020

Michel Chammas
Chammas Cutters Inc.
11320 FM 529 Bldg. 1
Houston, TX  77041

Reference No. 19-0074

Dear Mr. Chammas:

This letter is in response to your June 10, 2019, email and subsequent phone conversations requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the transport of poisonous by inhalation (PIH) material as authorized by special permit DOT-SP 14796. Specifically, you ask how your material can be shipped via air transportation when the poisonous by inhalation label is not recognized under the International Civil Aviation Organization's Technical Instructions for the Safe Transport of Dangerous Goods by Air (ICAO Technical Instructions).

Typically, materials being shipped internationally by air are permitted to adhere to the ICAO Technical Instructions. However, § 171.23(b)(10)(iv) states that "...the package must be labeled or placarded with POISON INHALATION HAZARD or POISON GAS, as appropriate, in accordance with subparts E and F of part 172 of this subchapter." Therefore, the shipment must comply with the requirements of the HMR and be labeled with the POISON INHALATION HAZARD label as specified in § 172.429.

The Special Permit (DOT-SP 14796) authorizes your shipments of the chemical cutter, containing a material forbidden (UN1746, Bromine Trifluoride, Class 5.1), to be offered for transportation by air aboard cargo aircraft only from the State of Origin. In the case of your granted special permit, the State of Origin authorization is the United States.

If the requirements of your granted special permit is preventing packages from being shipped via air transportation to specific foreign destinations, we suggest you apply for an exemption as prescribed in 1.1.3 of the ICAO Technical Instructions, or seek authorization from the specific States of Overflight, and Destination, or both.

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

171.23(b)(10)(iv), 172.429


Regulation Sections

Section Subject
§ 172.429 POISON INHALATION HAZARD label