{"operation":"document","citation":"01-0183","title":"Air Freight Center, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2002-04-10","effective_on":null,"summary":"01-0183 response to Air Freight Center, Inc. concerning 173.220.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-01-0183.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-01-0183.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-01-0183","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2001/010183.pdf","body":"<<<PAGE 1>>>\n\n!\n400 Seventh St., S.W.\nWashington, D.C. 20590\nspecial Programs\nAdministration\nAPR 10 2002\nMr. William G. Warder\nAir Freight Center, Inc.\nRef. No. 01-0183\nKansas City International Airport\nP.O. Box 20104\nKansas City, Missouri 64195\nDear Mr. Warder:\nThis responds to your June 20, 2001 letter regarding the applicability of the Hazardous Materials\nunder the International Maritime Organization's Dangerous Goods Code (IMDG Code) and\nRegulations (HMR; 49 CFR Parts 171-180) to aircraft imported into the United States by vessel\ntransported by highway to their U.S. destination. Please accept my apology for our delay in\nresponding to your inquiry. Your questions are paraphrased and answered below.\nQ1.\nAre aircraft offered for transportation as freight in freight containers subject to the HMR?\nIf so, how should they be classed and described?\nAl.\nIf an aircraft contains hazardous materials in undamaged components, it may be\ntransported as a self-propelled vehicle (i.e., Vehicle, flammable liquid powered) under\n49 CFR 173.220. Shipments made under the provisions of § 173.220 are excepted from\nthe marking, labeling, placarding, and emergency response telephone number\nrequirements of the HMR when transported by vessel (see § 173.220(e)(2)), but\notherwise must conform to the requirements in 49 CFR 176.905. For domestic\ntransportation by highway, an aircraft is not subject to any other requirements of the\nHMR if it is transported in accordance with the provisions of § 173.220.\nQ2.\nBecause of their size, some aircraft must be disassembled and loaded into multiple\nfreight containers. What HMR or IMDG Code requirements apply to the transportation\ncontainers?\nof disassembled airplanes and airplane components loaded into multiple freight\nA2.\nComponents containing hazardous materials that are removed from the aircraft and\n220\n1M3.\n010183\n\n<<<PAGE 2>>>\n\nFor vessel or highway transportation, aircraft components must be described using the\nmost appropriate shipping description in either the Dangerous Goods List in the IMDG\nCode or the Hazardous Materials Table (HMT) in the HMR. Some components are\nspecifically listed by name, including life saving appliances, not self-inflating; life\nengines; and the like. For listed materials, consult the packaging reference in Column &\nsaving appliances, self-inflating; oxygen generator, chemical; oxygen, compressed;\nprovided in § 176.905.\nself-propelled vehicles and internal combustion engines transported by vessel are\nOther components of a disassembled aircraft are not specifically listed by name. Such\nUN3363\" and packaged in accordance with § 173.222 of the HMR. An example is :\ncomponents may be described as \"Dangerous goods in machinery or apparatus, 9\nfuel control unit containing residual fuel and shipped as part of a wing assembly.\nQ3.\nAre any exemptions or approvals required when offering aircraft imported into the\nUnited States as freight?\nA3.\nOther than as provided in § 173.220, aircraft components that are damaged or do not\nremain installed must meet the specific packaging provisions of the regulations for the\nhazard they present. If this is not possible, a deviation from the HMR that provides an\nequivalent level of safety may be applied for under the exemption procedures in\n§ 107.105. In addition, some aircraft components contain articles or materials that may\nrequire Competent Authority oI Associate Administrator approval when transported to,\nthrough, or from the United States in commerce. Some of these items are chemical\noxygen generators (spent or otherwise), portable breathing equipment (PBE), and\n§§ 173.56 and 173.301.\nexplosives (e.g., seat ejection systems). See § 172.102 Special Provision 60 and\nI hope this information is helpful. If you have further questions, please do not hesitate to\ncontact this office.\nSincerely,\nEdward T. Mazzi\nDirector\nOffice of Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\nAIR\nPHONE (816) 243-5535\nFREIGHT\nKANSAS CITY INTERNATIONAL AIRPORT\nCENTER, INC.\nP.O. BOX 20104\nKANSAS CITY, MO 64195\nStevens\nEdmorson\nMr. Edward T. Mazzullo, Director\nOffice of Hazardous Materials Standards\n§1 75,820 (Air)\nResearch and Special Programs Administration\nUS Department of Transportation\n400 Seventh Street, S.W.\nApplicability\nWashington, D.C. 20590\n01-0183\nWednesday, June 20, 2001\nDear Mr. Mazzullo,\nI have a client who salvages airplanes for parts. Often, these airplanes are overseas. The\nairplane\". It may be a small Cessna 150 airplane (in one container), or a Boeing 747\nclient, after draining all fluids, transports them in an ocean container described as \"one\nairplane (in several containers).\nI am responsible for the correctness of my client's hazardous materials training\n• How should I advise the client in this situation?\n• Is the shipment a vehicle?\n• Are airplanes subject to the regulations?\n• Is it still an airplane as long as the FAA or foreign government has it registered?\n• Is an Exemption the answer even though the shipment is originated in another\nState?\nSometimes there is not a clear understanding at the time of shipment whether there is,\nndependent of the whole, like PBE's. I am of the opinion they are indeed, installed par\nf an \"airplane\" and not subject to the regulations. I cannot seem to find the authority i\nThese airplanes are exclusively transported by truck/ocean/truck to destination in the\nU.S., dismantled, sold as parts. When selling \"parts\" this client strictly adheres to all\nrequirements of the HMR.\nWarder, Agent","truncated":false,"body_characters":5484}