Security and Risk Management, the Americas — Hazardous Materials Safety Interpretation

Page 1U.S. Department 200 New Jersey Ave.. S. of Transportation lashington, DC 2059 Materials Set Hazardous SEP 27 2007 Administration Mr. James LoBello Reference No.: 06-0099 Senior and esk Management, the Americas Lufthansa Cargo Dear Mr. Lobello: Materials Regulations (HMR; 49 CFR Parts 100-180) applicable to accepting and inspecting This is in response to your April 17, 2006 letter requesting clarification of the Hazardous hazardous materials shipments. Specifically, you state that your company has staff at "offline" stations that check hazardous materials shipments and forward them to the first hazardous materials on a regular basis, and ask whether the following procedures are "online" station for connection to a flight. You state that your offline station does not handle acceptable under the HMR training requirements: 1). Offline station staff, trained in general awareness, receive the hazardous materials shipment; 2). Offline station staff forward the shipping documents to a remote location accordance with International Air Transport Association (IATA) and International for verification of accuracy by staff trained in acceptance procedures in Civil Aviation Organization (ICAO) Technical Instructions; 3). to the remote location; The hazardous materials shipment would be captured via a Web Cam and transmitted 4). and accepts the hazardous materials shipment. Staff at the remote location reviews the shipping documents and Web Cam pictures The answer is no. As required in § 172.702(a), a hazmat employer must ensure that each of safety. Under your scenario, both offline and online employees directly affect hazardous The training requirements found in § 172.704 include: (1) general awareness/familiarization materials transportation, and, therefore, are subject to the training requirements of the HMR. training; (2) function-specific training; (3) safety training; (4) security awareness training; and 172.702 (a) 145.30 060099#

Page 2a hazardous materials shipment and ascertain that it conforms to applicable HMR requirements. In addition, your procedure to remotely view a package via Web Cam prior to its acceptance or transportation does not appear to be sufficient to ascertain that the package conforms to al applicable HMR requirements. For example, a picture does not provide a true representatio Further, the procedure is not adequate to determine whether the integrity of the package has of the size, color, and shape of the package, and the marking and labels on the package. been compromised, or the package is leaking or emitting odors. That determination requires a physical inspection. I trust this satisfies your inquiry. Sincerely, /Chief, Standards Development Office of Hazardous Materials Standards#

Page 3Foster 5175.30172.702 : Air 06-0099 Lufthansa Cargo April 17t 2006 Office of Hazardous Materials Standards, Attn: DHM-10 Research and Special Programs Administration 4007* Street SW U.S. Department of Transportation Washington, DC 20590-0001 Dear Sir/ Madam, Re: Checking of Hazardous Materials shipments from a remote location We currently have Category 6 (acceptance trained in accordance with IATA and Hazardous Material shipments and forward it to the first online station (via truck the ICAO Techincal Instructions) qualified staff at offline stations who check Lufthansa flight. Since the offline station does not check hazardous material under the DOT requirements for road feeder operations) for a connection to a 49CFR Part175), there is more room for error and also different forms of shipments on a regular basis (in accordance to the air transportation regulations interpretation than a regular airline online station where shipments are checked more frequently. Therefore we would like to pursue the following: The Offline station (served by truck) would be manned with a Category 7/8 documents - Hazardous Materials Shipment Declaration (Via Fax) to a remote qualified staff (general awareness) to receive the shipments. They forward the cation tor checking. Inl In reviewing the 49CFR Part 175.30 and the ICAO Technical Instructions (Page 7.1.1)., we could not find any regulation that would restrict this proposed process.#

Page 4: : acceptable in meeting the regulations outlined in the Code of Federal Could you provide written guidance as to whether or not this process would be Regulations, Title 49 for Air Transportation? Please let me know if you require further information. We look forward to hearing from you. Yours Sincerely, Lufthansa Cargo AG Дам James LoBello Senior Manager Security and Risk Management, the Americas#