{"operation":"document","citation":"05-0001","title":"Mr. Donald Stiger — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2006-02-02","effective_on":null,"summary":"05-0001 concerning 173.150.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-05-0001.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-05-0001.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-05-0001","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2005/050001.pdf","body":"<<<PAGE 1>>>\n\nFEB - 2 2006\nMr. Donald Stiger\nRef. No.: 05-0001\n3683 SW 30\" Drive\nGresham, Oregon 97080\nDear Mr. Stiger:\nThis responds to your letter concerning the transportation of combustible liquids to Hawaii from\nthe continental United States in accordance with the Hazardous Materials Regulations (HMR; 49\nCFR Parts 171-180).\nYour questions are in relation to the transport of hazardous materials by air. In coordinating our\nresponse with the Federal Aviation Administration (FAA), we have learned that you are a\nhazardous materials inspector employed by the FAA. While the hazardous materials regulations\n(HMR) are promulgated by the Pipeline and Hazardous Materials Safety Administration\n(PHMSA), they are enforced separately by each Operating Administration (including FAA). In\nyour official oversight role as an air-mode government inspector, you may be subject to policies,\nrestrictions, and guidance issued by FAA beyond any guidance PHMSA may provide you. We\nrecommend that you provide your questions concerning the HMR to your FAA supervisor so\nthey can be forwarded via the chain of command to PHMSA for consideration. Use of the chain\nof command in this situation is designed to ensure that inspectors operating in a particular mode\nof transport receive consistent guidance at approximately the same time.\nThank you for your interest in hazardous materials transportation safety.\nOffice of Hazardous Materials Standards\n173.150 (E)\n050001\n\n<<<PAGE 2>>>\n\nWashington, D.C. 20590-0001\nDear Mr. Mazzullo:\nI am requesting a Letter of Interpretation concerning the transportation of combustible\nliquids to Hawaii from the continental United States. This request is generated from\ninformation your office provided to Mr. Jim Powell in a Letter of Interpretation dated\nNovember 17, 2004 (Ref. No.: 04-0212).\nGiven the following transportation scenario:\nA box of 1-liter bottles (non-bulk package) containing a liquid with a flash point of 105\ndegrees Fahrenheit, that is not a hazardous substance, hazardous waste, or marine\npollutant, is offered for air transportation from a shipper in Denver, Colorado, to a\nrecipient in Waikoloa, Hawaii. The shipment takes the following route:\n1) An Integrator, who is a not an International Air Transport Association\n(IATA) member, picks-up a shipment that is not declared as a hazardous\nmaterial utilizing the provision in 49 CFR, 173.150(f) and transports it, via\ntruck, to the Denver, Colorado, airport.\n2) The shipment is sorted and placed on the Integrator's all-cargo aircraft and\nflown to Portland, Oregon.\n3) The shipment is sorted and consolidated with other freight in Portland,\nOregon, and loaded on a passenger-carrying aircraft (who is an IATA\nmember) for air transport from Portland, Oregon, to Honolulu, Hawaii.\n4) The shipment is sorted in Honolulu, Hawaii, and placed on a passenger-\ncarrying aircraft (another IATA member) for air transport to Kona, Hawaii.\n5) The shipment arrives in Kona, Hawaii, is sorted and placed on a truck for\nfinal delivery in Walkoloa, Hawaii.\n\n<<<PAGE 3>>>\n\nmaterial regulated!\nC) Are any of the carriers (ground or air) required to report to DOT, under 49\nCFR, 171.16, if the shipment, as described above, is discovered leaking\nduring transit!\nD) If your answer is yes to C, which carrier(s) in the transport chain would be\nresponsible to report the shipment to DOT?\nE) Would an air carrier, who only accepts hazardous materials utilizing the\nInternational Civil Aviation Organization's for Technical Instructions for the\nTransport of Dangerous Goods (ICAO Technical Instructions), be required\nto report the shipment, as described above, if it was discovered during\ntransit to the Federal Aviation Administration per 49 CFR, 175.31?\nF) If you replaced Waikoloa, Hawaii, with remote Alaska village, Kona,\nHawaii, with Nome Alaska, and Honolulu, Hawaii, with Anchorage, Alaska,\nin the scenario above; what would be your answers be to A, B, C, D, and E?\nThank you for your prompt attention to this matter.\nRespectfully yours,\nDonald Stiger\n3683 SW 30\" Drive\nGresham, Oregon 97080\ne-mail: dstigerman(@aol.com\nPhone: 503-661-6024","truncated":false,"body_characters":4117}