American Airlines — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S.Department Washington, D.C 400 Seventh Street, S.W 20590 Research and Special Programs Administration OCT 2 2 2002 Mr. Les Adolph American Airlines Ref. No. 02-0144 3900 North Mango Road P.O. Box 582809 MD 517 Tulsa, OK 74116 Dear Mr. Adolph: This responds to your May 14, 2002 email concerning the requirement in 49 CFR 175.31 to report to the Federal Aviation Administration (FAA) a discrepancy in the shipment of a aboard an aircraft. hazardous material that is discovered following the acceptance of the material for transportation The discrepancy reporting requirement applies to an aircraft operator that accepts a shipment of hazardous material that is improperly packaged, marked, labeled, described, or certified in a manner not ascertainable when accepted under the provisions of § 175.30(a). This requirement does not apply to a person who offers a hazardous material for transportation by air or to a person who receives a hazardous material that has been transported by air, so long as that person (the offeror or consignee) does not transport the hazardous material aboard an aircraft. The offeror of a shipment of hazardous materials that does not comply with the requirements of the Hazardous Materials Regulations (HMR, 49 CFR parts 171-180) may be in violation of other requirements in the HMR. However, the fact that the offeror or consignee is an aircraft operator, by itself, does not create a duty to report a discrepancy to the FAA under § 175.31, when the offeror or consignee has not transported the hazardous material aboard an aircraft. This answer has been coordinated with the Dangerous Goods and Cargo Security Division of the satisfie Our requestious, if you ave a titonal questions, please do no hesitate conlethay it Sincerely, Alva 7. Magulle dward T. Mazzull irector, Office of Hazardou Materials Standards 175.31 020144#

Page 2Gale Gale, John $ 175.31 Sent: From: Les Adolph [Les.Adolph@aa.com] Subject: To: Tuesday, ivay 14, 2002 5:01 PM Report of Discrepancie. Clarification of 49CFR 175.31 "Reports of discrepancies" Gale, John <RSPA> 2 - 0141 is citing us for violation of timely reporting on a shipment. We I have an urgent need for clarification of 175.31. We have situation where the FAA undeclared shipment to a carrier at JFK, upon delivery of the shipment at TUL, back to our shipper tendered an incorrectly, we as the consignor/ consignee reported the incident to the FAA, who in turn supply folks, while in the receipt process, we found the shipment to have been processed are citing us for not reporting the incident in a timely manner: My understanding is that discussed this with Bill Wilkening who was in agreement and suggested that I may want to we are under no obligation to report this incident as the consignee/consignor?? I get this clarification. Thanks, Les Adolph.#