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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 #21-0012

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

Interpretation Response Details

Response Publish Date:

Company Name: RCS RMS Inc.

Individual Name: Donna Adams

Location State: UT Country: US

View the Interpretation Document

Response text:

May 19, 2021

Donna Adams
Regulatory Oversight
2113 West 850 North
Cedar City, UT  84720

Reference No. 21-0012

Dear Ms. Adams:

This letter is in response to your February 5, 2021, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to international air transportation of explosives under a Department of Transportation Special Permit (DOT-SP or SP). Specifically, you ask whether DOT-SP 10996 meets the requirements for an approval under International Air Transport Association (IATA) Dangerous Goods Regulations and Part 1, Paragraph 1.1 of the International Civil Aviation Organization (ICAO) Technical Instructions.

The answer is yes. DOT-SP 10996 authorizes the transportation in commerce of "UN0351, Articles, explosive, n.o.s. (rocket motors or reloadable rocket motor kits), 1.4C, PG II" by motor vehicle, rail freight, cargo vessel, and cargo aircraft only. Under 49 CFR § 107.1, a Competent Authority Approval is "an approval by the competent authority that is required under an international standard" and indicates that a SP or approval is a competent authority approval. Therefore, DOT-SP 10996 serves as a competent authority approval, permitting you to ship these hazardous materials in international air transport (i.e., cargo aircraft only in the case of DOT-SP 10996). For purposes of 49 CFR Part 107, the Associate Administrator of the Office of Hazardous Materials Safety is the competent authority for the United States.

In addition, your inquiry also references IATA. Please note that the HMR do not officially recognize the IATA Dangerous Goods Regulations for purposes of transporting hazardous materials.

However, § 171.22 of the HMR authorizes use of the ICAO Technical Instructions for the Safe Transport of Dangerous Goods provided shipments offered under the ICAO Technical Instructions conform to the applicable requirements of §§ 171.23 and 171.24.

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


T. Glenn Foster
Chief, Regulatory Review and Reinvention Branch
Standards and Rulemaking Division

107.1, 171.22, 171.23, 171.24

Regulation Sections

Section Subject
107.1 Definitions
171.22 Authorization and conditions for the use of international standards and regulations
171.23 Requirements for specific materials and packagings transported under the ICAO Technical Instructions, IMDG Code, Transport Canada TDG Regulations, or the IAEA Regulations
171.24 Additional requirements for the use of the ICAO Technical Instructions