Air Freight Center, Inc. — Hazardous Materials Safety Interpretation

Page 1! 400 Seventh St., S.W. Washington, D.C. 20590 special Programs Administration APR 10 2002 Mr. William G. Warder Air Freight Center, Inc. Ref. No. 01-0183 Kansas City International Airport P.O. Box 20104 Kansas City, Missouri 64195 Dear Mr. Warder: This responds to your June 20, 2001 letter regarding the applicability of the Hazardous Materials under the International Maritime Organization's Dangerous Goods Code (IMDG Code) and Regulations (HMR; 49 CFR Parts 171-180) to aircraft imported into the United States by vessel transported by highway to their U.S. destination. Please accept my apology for our delay in responding to your inquiry. Your questions are paraphrased and answered below. Q1. Are aircraft offered for transportation as freight in freight containers subject to the HMR? If so, how should they be classed and described? Al. If an aircraft contains hazardous materials in undamaged components, it may be transported as a self-propelled vehicle (i.e., Vehicle, flammable liquid powered) under 49 CFR 173.220. Shipments made under the provisions of § 173.220 are excepted from the marking, labeling, placarding, and emergency response telephone number requirements of the HMR when transported by vessel (see § 173.220(e)(2)), but otherwise must conform to the requirements in 49 CFR 176.905. For domestic transportation by highway, an aircraft is not subject to any other requirements of the HMR if it is transported in accordance with the provisions of § 173.220. Q2. Because of their size, some aircraft must be disassembled and loaded into multiple freight containers. What HMR or IMDG Code requirements apply to the transportation containers? of disassembled airplanes and airplane components loaded into multiple freight A2. Components containing hazardous materials that are removed from the aircraft and 220 1M3. 010183#

Page 2For vessel or highway transportation, aircraft components must be described using the most appropriate shipping description in either the Dangerous Goods List in the IMDG Code or the Hazardous Materials Table (HMT) in the HMR. Some components are specifically listed by name, including life saving appliances, not self-inflating; life engines; and the like. For listed materials, consult the packaging reference in Column & saving appliances, self-inflating; oxygen generator, chemical; oxygen, compressed; provided in § 176.905. self-propelled vehicles and internal combustion engines transported by vessel are Other components of a disassembled aircraft are not specifically listed by name. Such UN3363" and packaged in accordance with § 173.222 of the HMR. An example is : components may be described as "Dangerous goods in machinery or apparatus, 9 fuel control unit containing residual fuel and shipped as part of a wing assembly. Q3. Are any exemptions or approvals required when offering aircraft imported into the United States as freight? A3. Other than as provided in § 173.220, aircraft components that are damaged or do not remain installed must meet the specific packaging provisions of the regulations for the hazard they present. If this is not possible, a deviation from the HMR that provides an equivalent level of safety may be applied for under the exemption procedures in § 107.105. In addition, some aircraft components contain articles or materials that may require Competent Authority oI Associate Administrator approval when transported to, through, or from the United States in commerce. Some of these items are chemical oxygen generators (spent or otherwise), portable breathing equipment (PBE), and §§ 173.56 and 173.301. explosives (e.g., seat ejection systems). See § 172.102 Special Provision 60 and I hope this information is helpful. If you have further questions, please do not hesitate to contact this office. Sincerely, Edward T. Mazzi Director Office of Hazardous Materials Standards#

Page 3AIR PHONE (816) 243-5535 FREIGHT KANSAS CITY INTERNATIONAL AIRPORT CENTER, INC. P.O. BOX 20104 KANSAS CITY, MO 64195 Stevens Edmorson Mr. Edward T. Mazzullo, Director Office of Hazardous Materials Standards §1 75,820 (Air) Research and Special Programs Administration US Department of Transportation 400 Seventh Street, S.W. Applicability Washington, D.C. 20590 01-0183 Wednesday, June 20, 2001 Dear Mr. Mazzullo, I have a client who salvages airplanes for parts. Often, these airplanes are overseas. The airplane". It may be a small Cessna 150 airplane (in one container), or a Boeing 747 client, after draining all fluids, transports them in an ocean container described as "one airplane (in several containers). I am responsible for the correctness of my client's hazardous materials training • How should I advise the client in this situation? • Is the shipment a vehicle? • Are airplanes subject to the regulations? • Is it still an airplane as long as the FAA or foreign government has it registered? • Is an Exemption the answer even though the shipment is originated in another State? Sometimes there is not a clear understanding at the time of shipment whether there is, ndependent of the whole, like PBE's. I am of the opinion they are indeed, installed par f an "airplane" and not subject to the regulations. I cannot seem to find the authority i These airplanes are exclusively transported by truck/ocean/truck to destination in the U.S., dismantled, sold as parts. When selling "parts" this client strictly adheres to all requirements of the HMR. Warder, Agent#