{"operation":"document","citation":"05-0269","title":"ASTAR Air Cargo Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2006-01-17","effective_on":null,"summary":"05-0269 response to ASTAR Air Cargo Inc. concerning 172.203, 172.402, 173.27.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-05-0269.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-05-0269.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-05-0269","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2005/050269.pdf","body":"<<<PAGE 1>>>\n\nJAN 17 2006\nMr. Gerry G. Kefalinos\nRef. No. 05-0269\nManager, Dangerous Goods\nASTAR Air Cargo Inc.\n3336 State Rt. 73 M/S 297\nWilmington, OH 45177\nDear Mr. Kefalinos:\nThis is in response to your letter dated October 18, 2005, requesting clarification on the use of\nthe CARGO AIRCRAFT ONLY label under the Hazardous Materials Regulations (HMR; 49\nCFR Parts 171-180). Specifically, you ask if a CARGO AIRCRAFT ONLY (CAO) label may\nbe placed on a package containing a hazardous material that is authorized aboard a passenger-\ncarrying air craft.\nThe answer is yes. Section 173.27(b)(4) of the HMR states that a package containing a\nbe abled witne\nhazardous material that is authorized aboard cargo aircraft but not aboard passenger aircraft must\na cong alican must\nbe labeled with the CAO label required by § 172.402(c) and may not be offered for\ntransportation or transported aboard passenger-carrying aircraft. Column 9A of the Hazardous\nMaterials Table specifies the maximum net quantity of a hazardous material that is authorized to\nbe transported aboard a passenger-carrying aircraft. In addition, §172.402(c) requires each\nperson who offers for transportation or transports by aircraft a package containing a hazardous\nmaterial that is authorized on cargo aircraft only to label the package with a CAO label specified\nin § 172.448. Furthermore, under § 172.203(f) a statement indicating that the shipment is within\nthe limitations prescribed for either passenger and cargo aircraft only must be entered on the\nshipping paper. However, the HMR do not prohibit the use of the CAO label on a package\ncontaining a hazardous material that is authorized aboard passenger aircraft.\nIn accordance with Part 5 Chapter 3.2.11of the International Civil Aviation Organization (ICAO)\nTechnical Instructions for the Safe Transport of Dangerous Goods by Air the CAO label \"must\"\nbe affixed when the package containing the dangerous goods may be transported on a cargo\n172.203 (f)\n172.402(c)\n173-27 (b) (4)\n050269\n175.85 (b) \" (c)\n\n<<<PAGE 2>>>\n\npress\nOffice of Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\nU.S. Dept. of Transportation\n18 October 2005 Ca\nDirector - Exemptions and Approvals\nPipeline and Hazardous Material\nSafety Administration\n400 Seventh Street, SW\nWashington, DC 20590\nDear Mr. Billings,\nI have run across a situation that I believe needs to be addressed regarding the use of the Cargo\nAircraft Only (CAO) label on packages that do not contain a hazardous material authorized only\non cargo aircraft.\n49 CFR 172.402(c) states:\"Cargo Aircrafi Only label. Each person who offers for transportation\nor transports by aircraft a package containing a hazardous material which is authorized on cargo\naircraft only shall label the package with a CARGO AIRCRAFT ONLY label specified in\n172.488 of this subpart.\"\nThe ICAO Technical Instructions in Part 5 Chapter 3.2.11 states: \"In addition to the class hazard\nlabels specified in 3.1, handling labels must be affixed to packages of dangerous goods as\nfollows: (a) the Cargo aircraft only\" label (Figure 5-23) inust be affixed: 1) when the package\ncontaining the dangerous goods may only be transported on a cargo aircraft....\nBoth of the above references indicate that the CAO label must only be used when the material as\npackaged is not allowed on a passenger aircraft. The intent of the CAO label was to prohibit\nquantities authorized only for cargo aircraft from being loaded on a passenger aircraft.\nThe loading of packages bearing a CAO label becomes an issue for airline operators in that they\nare required to load those packages bearing the CAO label where they are accessible and can be\nhandled by the flight crew during flight if the need were to occur. (There are a few exceptions to\nthe accessible rule.)\nCa 49 CER 7 35 e bade \"fach pakage contaia rhazacdug a erit acepabed ply fom\ncam nec, bhn: 73d 3d () goes on tod verigh permin forarade suca acklase ,\nIn the ICAO Technical Instructions in Part 7 Chapter 2.4.1 it states: \"Packages or overpacks off\ndangerous goods bearing the \"Cargo aircraft only\" label must be loaded in such a manner that a\ncrew member or other authorized person can see, handle and, where size and mass pérmit.\nseparate such packages or overpacks from other cargo in flight. Hazard warning labels and the\n\"Cargo aircraft only\" label must be visible. It then goes on to list the exceptions...\n•ASTAR Air Cargo • 3336 SR 73, Bldg. 11 • Suite 100 • Wilmington, OH 45177 • (937) 302-4444\n\n<<<PAGE 4>>>\n\nIt has been brought to my attention that RSPA has previously issued a letter of interpretation\nindicating that it was okay for a shipper to use the Cargo Aircraft Only (CAO) label on packages\nthat the shipper wishes to travel only on cargo aircraft when shipped according to 49 CFR even\nthough the quantity is allowed on a passenger aircraft.\nThe authorization by then RSPA, for the use of the CAO label at the shipper's discretion is in\ndirect conflict with 49 CFR and the ICAO Technical Instructions. Both sets of regulations\nrequire the label be used for only those materials that are authorized on cargo aircraft only.\nAllowing the use of the CAO label on shipments that are authorized for passenger aircraft defeats\nthe purpose and the original intent and use of the CAO label. It also puts an undue burden on the\ncarrier who has limited space to put items that are true CAO items which need to be visible and\naccessible during flight.\nIn addition, both 49 CFR and the ICAO Technical Instructions require a shipper to sign a\ncertification that the shipment is accurately described, classified, marked and labeled according to\nthe applicable regulations. Placing a CAO label on a package that is not prepared according to\nthe CAO requirements and quantities is a direct conflict with the certification statement.\nI respectfully request that PHMSA issue a new interpretation clarifying the proper use of the\nCargo Aircraft Only label and that it is only to be used on packages authorized for transport\naboard a cargo aircraft. If a shipper desires that their hazardous material package travel only on a\ncargo aircraft they should use some other means of identifying such rather then being allowed to\nuse a regulatory label that has a specific use and mandatory requirements associated with it.\nUnrestricted use of the CAO label by a shipper puts a carrier at risk of violation because packages\nbearing the CAO label must be loaded where they are accessible and visible. Asking a carrier to\nphysically look up each of these items in the appropriate regulations to determine if it was a true\nCAO quantity would be extremely time consuming and cause a carrier to bear the additional cost\nand expense of the additional workload just because a shipper desires his package to travel on a\ncargo aircraft.\nIf you require additional information, please contact me at your earliest convenience.\nRespectfully submitted,\nGerry G. Kefatinos\nManager - Dangerous Goods - (937) 302-5657\nASTAR Air Cargo Inc.\n3336 State Rt. 73 M/S 297\nWilmington, OH 45177\nGerry.kefalinos@astaraircargo.us\n•ASTAR Air Cargo • 3336 SR 73, Bldg. 11 • Suite 100 • Wilmington, OH 45177 • (937) 302-4444","truncated":false,"body_characters":7160}