Interpretation Response #24-0051
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Council on Safe Transportation of Hazardous Articles
Individual Name: Frank Lopez
Location State: NY Country: US
View the Interpretation Document
Response text:
February 24, 2026
Mr. Frank Lopez
Council on Safe Transportation of Hazardous Articles
101 Ridge St. Suite I
Glenn Falls, NY 12801
Reference No. 24-0051
Dear Mr. Lopez,
This letter is in response to your June 6, 2024, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the responsibility to obtain a Competent Authority Approval (CAA) for the transportation of hazardous materials. In your email, you provide several examples of provisions found in the International Civil Aviation Organization Technical Instructions for the Safe Transport of Dangerous Goods by Air (ICAO TI) that require approval from the "State of Origin" and "State of the Operator," such as Special Provisions (SP) A88 and A99.
We have paraphrased and answered your questions as follows:
Q1: Is it the shipper's (i.e., offeror's) or air carrier’s (i.e., operator's) responsibility to obtain an approval for the State of Origin and the State of the Operator, as required in ICAO TI Special Provisions A88 and A99?
A1: The HMR apply to the offering, acceptance, and transportation of hazardous materials to, from, or within the United States, and to any aircraft of United States' registry anywhere in global air commerce. When ICAO TI SP A88 and A99 stipulate authorization from both the "State of Origin" and the "State of the Operator," as the competent authority for the United States, PHMSA issues a single competent authority approval (CAA) based on authority provided within the HMR. Typically, the approval is granted to the offeror requesting as part of the pre-transportation functions, outlined in 49 CFR § 171.1(b). The operator's capability to handle specific material is evaluated during the approval process, in coordination with the Federal Aviation Administration (FAA).
Q2: Is the only approval an operator is required to seek, or provide in accordance with ICAO TI Special Provisions A88 and A99, the operator's agreement to accept a dangerous goods shipment under a CAA?
A2: Yes. Generally, it is the responsibility of the offeror (i.e., shipper) to seek a CAA—including under ICAO TI Special Provisions A88 and A99. However, in some circumstances the air operator seeks this approval, either through a contractual arrangement with the offeror, or because the operator itself is the offeror of the hazardous materials (e.g., COMAT). In these circumstances, the operator is the responsible party for obtaining a CAA.
Independent of the HMR, operators should refer to the FAA provisions under 14 CFR §§ 121.135(b)(25) and 135.23(p) concerning operator manual requirements for accepting and transporting dangerous goods shipments.
I hope this information is helpful. Please contact us if we can be of further assistance.
Sincerely,
Alexander Wolcott
Acting Chief, Regulatory Review and Reinvention Branch
Standards and Rulemaking Division
171.1(b)