{"operation":"document","citation":"02-0144","title":"American Airlines — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2002-10-22","effective_on":null,"summary":"02-0144 response to American Airlines concerning 175.31.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-02-0144.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-02-0144.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-02-0144","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2002/020144.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S.Department\nWashington, D.C\n400 Seventh Street, S.W\n20590\nResearch and\nSpecial Programs\nAdministration\nOCT 2 2 2002\nMr. Les Adolph\nAmerican Airlines\nRef. No. 02-0144\n3900 North Mango Road\nP.O. Box 582809 MD 517\nTulsa, OK 74116\nDear Mr. Adolph:\nThis responds to your May 14, 2002 email concerning the requirement in 49 CFR 175.31 to\nreport to the Federal Aviation Administration (FAA) a discrepancy in the shipment of a\naboard an aircraft.\nhazardous material that is discovered following the acceptance of the material for transportation\nThe discrepancy reporting requirement applies to an aircraft operator that accepts a shipment of\nhazardous material that is improperly packaged, marked, labeled, described, or certified in a\nmanner not ascertainable when accepted under the provisions of § 175.30(a). This requirement\ndoes not apply to a person who offers a hazardous material for transportation by air or to a person\nwho receives a hazardous material that has been transported by air, so long as that person (the\nofferor or consignee) does not transport the hazardous material aboard an aircraft.\nThe offeror of a shipment of hazardous materials that does not comply with the requirements of\nthe Hazardous Materials Regulations (HMR, 49 CFR parts 171-180) may be in violation of other\nrequirements in the HMR. However, the fact that the offeror or consignee is an aircraft operator,\nby itself, does not create a duty to report a discrepancy to the FAA under § 175.31, when the\nofferor or consignee has not transported the hazardous material aboard an aircraft.\nThis answer has been coordinated with the Dangerous Goods and Cargo Security Division of the\nsatisfie Our requestious, if you ave a titonal questions, please do no hesitate conlethay it\nSincerely,\nAlva 7. Magulle\ndward T. Mazzull\nirector, Office of Hazardou\nMaterials Standards\n175.31\n020144\n\n<<<PAGE 2>>>\n\nGale\nGale, John\n$ 175.31\nSent:\nFrom:\nLes Adolph [Les.Adolph@aa.com]\nSubject:\nTo:\nTuesday, ivay 14, 2002 5:01 PM\nReport of Discrepancie.\nClarification of 49CFR 175.31 \"Reports of discrepancies\"\nGale, John <RSPA>\n2 - 0141\nis citing us for violation of timely reporting on a shipment. We\nI have an urgent need for clarification of 175.31. We have situation where the FAA\nundeclared shipment to a carrier at JFK, upon delivery of the shipment at TUL, back to our\nshipper tendered an\nincorrectly, we as the consignor/ consignee reported the incident to the FAA, who in turn\nsupply folks, while in the receipt process, we found the shipment to have been processed\nare citing us for not reporting the incident in a timely manner: My understanding is that\ndiscussed this with Bill Wilkening who was in agreement and suggested that I may want to\nwe are under no obligation to report this incident as\nthe consignee/consignor?? I\nget this clarification.\nThanks,\nLes Adolph.","truncated":false,"body_characters":2869}