{"operation":"document","citation":"03-0307","title":"Alaska Airlines — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2004-07-09","effective_on":null,"summary":"03-0307 response to Alaska Airlines concerning 175.31.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-03-0307.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-03-0307.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-03-0307","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2003/030307.pdf","body":"<<<PAGE 1>>>\n\nf Transportatio\n.S. Departmer\nWashington, D.C. 20590\n400 Seventh St., S.W.\nResearch and\nSpecial Programs\nAdministration\nJUL\n9 2004\nMs. Marilyn Dirkx\nRef. No. 03-0307\nAlaska Airlines\nBox 68900\nSeattle, WA 98168-0900\nDear Ms. Dirkx:\nThis responds to your December 3, 2003, letter requesting clarification on when \"acceptance\"\ntakes place relative to § 175.31 discrepancy reporting requirements under the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask if, for purposes of\nsecurity screening, \"acceptance\" occurs after the material has been screened and authorized for\ntransportation, or when the shipper turns the material over to the carrier with the assumption that\nit will be transported. Please accept my apology for the delay in responding.\nThe discrepancy reporting requirement in § 175.31 applies to an aircraft operator that accepts a\nshipment of hazardous material that is improperly packaged, marked, labeled, described, or\ncertified in a manner not ascertainable when the shipment is initially accepted for transportation.\nGenerally, \"acceptance\" under the HMR occurs when the shipper (offeror) or his agent turns the\nshipment over to the carrier or the carrier's agent, with the assumption that it will be transported.\nIf a violation of the HMR is discovered after acceptance that was not ascertainable when the\nshipment was initially accepted, a discrepancy report is required. The shipment may or may not\npass the security screening process after acceptance has already occurred. If the accepted\nshipment later fails the security screening because of unauthorized hazardous materials, a\ndiscrepancy report must also be filed.\nSpecifically, your five scenarios and questions are paraphrased and answered as follows:\nQ1. The airline is authorized to transport non-hazardous cargo from unknown shippers (offerors)\non a passenger aircraft after the cargo has been subjected to a security screening. During the\ncourse of screening, undeclared hazmat is discovered. Has acceptance occurred? The shipper\n(offeror) has released the cargo to us, assuming that it will be transported. Does acceptance\noccur when we take it from the shipper (offeror), or after we determine that it may be\ntransported? Does it make a difference in this scenario if the shipper (offeror) tendered the cargo\ndirectly to us, or tendered it to a Domestic Security Integration Program (DSIP) carrier with its\nown security plan, such as UPS, who subsequently tenders it to us? In the latter scenario, has\nUPS acted as the accepting party, even though the package can't travel until it has been screened\nby the air carrier?\n030307\n175.31\n\n<<<PAGE 2>>>\n\nAl. Acceptance occurs when the shipper (offeror releases the cargo to the airline regardless of\nwhether the security screening has occurred. If the shipment is first tendered to a DSIP carrier,\nsuch as UPS, for delivery to the airline, the airline is the accepting party for the air shipment, not\nUPS. The DSIP air carrier as well as the subsequent passenger air carrier have, separately,\naccepted the shipment.\nQ2. A piece of non-hazardous cargo is required to undergo security screening before it is\ntransported. We do not complete the air waybill paperwork until after screening, and require the\nshipper (offeror) to remain at our facility when the piece is being screened. Undeclared hazmat is\nfound. Has acceptance occurred, even though the air waybill has not been executed and the\nshipper (offeror) is still on the premises?\nA2. In this scenario, since you require the shipper (offeror) to remain on the premises and are\nable to reject the shipment and return it to the shipper, acceptance has not occurred.\nQ3. A piece of non-hazardous material cargo is required to undergo security screening before it\nis transported. The cargo comes to us from a freight forwarder, who drops off the cargo and does\nnot wait for screening to be completed. During the course of screening, undeclared hazardous\nmaterial is found. Has acceptance occurred, even though the piece isn't authorized for\ntransportation until after it has been security screened? Since the shipper (offeror) has released\ncontrol of the shipment to the freight forwarder, has the freight forwarder accepted for § 175.31\ndiscrepancy reporting purposes? Does it make a difference if the air waybill has been signed by\nour employee or not, whereby the signature completes the acceptance process on our part?\nA3. Acceptance occurs when the airline takes possession of the shipment from the freight\nforwarder, even though security screening has not been completed. The air carrier has accepted\nthe shipment for discrepancy reporting purposes, regardless of whether the air waybill has been\nsigned by the airline employee.\nQ4. A shipper (offeror) offers a non-hazardous material package to our representative, who\nprovides our pick-up and delivery service. Our representative accepts the package and completes\nan air waybill on our behalf. However, the package isn't authorized for transportation until it has\nundergone security screening. Is it considered accepted when our representative takes possession\nof it from the shipper (offeror)?\nA4. Yes, acceptance occurred when your representative took possession of the shipment from\nthe shipper (offeror), regardless of whether the security screening has taken place.\nQ5. We take possession of a hazardous material shipment, but rather than run it through our\nchecklist right away we place it in a conditional acceptance storage location. Later, we run our\nchecklist on it and discover a compliance violation. Has acceptance occurred since we are in\n2\n\n<<<PAGE 3>>>\n\npossession of the shipment? Or does acceptance not occur until we subject the shipment to our\nacceptance checklist?\nA5. Acceptance has occurred, and the discrepancy is reportable if it meets the criteria in\n§ 175.31(b), even though you have not yet completed your inspection in accordance with\n§ 175.30.\nFor guidance as to when acceptance occurs for hazardous materials in passenger baggage, please\nrefer to the enclosed formal interpretation published under Docket RSPA-2003-14424, Notice\nNo. 03-2 (68 FR 9735).\nI hope this answers your inquiry.\nSincerely,\nSide T. Mozulle\nEdward T. Mazzullo'\nDirector, Office of Hazardous\nMaterials Standards\nEnclosure\n\n<<<PAGE 4>>>\n\nDEC-02-03\n04:23PM\nFROM-Al aska Airlines\n206 433 3366\nT-060\nP.001/002 F-515\nAlaska Airlines\nBoothe\nMs. Susan Gorsky\nOffice of Hazardous Materials Standards\n$175.31\n202-366-3012\nTotal pages: 2\nAir\nDecomber 3, 2003\n#03-8307\nDear Ms. Gorsky,\nA particular situation recently occurred, and with the upcoming changes to cargo security\nprocedures, I am searching for clarification on when 'acceptance' takes place relative to\n49CFR 175.31 discrepancy reporting requirements. I'm not sure who is the best person to\naddress these questions to, but since they relate somewhat to HM-223, I will begin my\nsearch for clarification with you.\nIf a shipper tenders a shipment, but that shipment must undergo security screening prior\nto air travel, does acceptance occur after the item has been screened and deemed to be\nauthorized to travel? Or does acceptance occur when the shipper turns the item over to\nthe carrier, with the assumption that it will be transported?\nBelow are a few scenarios where we need clarification on when acceptance has occurred.\n/ • Currently, in the State of Alaska, we are allowed to transport cargo from unknown\nshippers on a passenger aircraft after the cargo has been subjected to a security\nscreening process. During the course of screening, undeclared hazmat is discovered.\nwill travel, but we can't transport it until after we screen it. So do we 'accept' it when\nHas acceptance occurred? The shipper has released the cargo to us, assuming that it\nwe take it from the shipper, or after we determine that it may travel? Does it make a\ndifference in this scenario if the shipper tendered the cargo directly to us, or tendered\nit to a DSIP carrier with its own security plan, such as UPS, who subsequently tenders\nit to us? In the latter scenario, has UPS acted as the accepting party, even though the\nbackage can't travel until it has been screened by the air carrier?\nA piece of cargo is required to undergo security screening before it is transported. We\ndo not complete the air waybill paperwork until after screening, and require the\nshipper to remain at our facility while the piece is being scrcened. Undeclared hazmat\nis found. Has acceptance occurred, even though the air waybill has not been executed\nand the shipper is still on the premises?\n3\n• A piece of cargo is required to undergo security screening before it is transported.\nThe cargo comes to us from a freight forwarder, who drops off the cargo and does not\nBOX\n68900\nSEATTLE,WA 28168:0800/206-433-3200\n\n<<<PAGE 5>>>\n\nDEC-02-03\n04: 23PM\nFROM-Alaska Airlines\n206 433 3366\nT-060 P.002/002 F-515\nwait for screening to be completed. During the course of screening, undeclared\nhazmat is found. Has acceptance occurred, even though the piece isn't authorized for\ntravel until after it has been screened? Since the shipper has released control of the\ndiscrepancy reporting purposes? Does it make a difference if the air waybill has been\nshipment to the freight forwarder, has the freight forwarder 'accepted' it for 175.31\nsigned by our employee or not, whereby the signature completes the 'acceptance'\nprocess on our part?\nA shipper offers a package to our representative, who provides our pick-up and\n5.\nthan run it through our checklist right away we place it in a 'conditional acceptance'\nOne last scenario. We take possession of a hazardous materials shipment, but rather\ntorage location. Later, we run our checklist on it and discover a compliance\nriolation. Has acceptance occurred since we are in possession of the shipment? Or\ndoes acceptance not occur until we subject the shipment to our acceptance checklist?\nI realize some of these scenarios are a bit complicated. Please feel free to call if you\n(Phone and fax number and e-mail address below.)\nwould like to discuss them, or need further clarification. I am also reachable by e-mail\nThank you for your assistance.\nSincerely,\nDahl\nMarilyn Dirk\nTel: 206-392-5442\nManager, Dangerous Goods Compliance\nFax: 206-392-52:25\nE-mail: marilyn.dirkx@alaskaAir.com","truncated":false,"body_characters":10316}