{"operation":"document","citation":"06-0099","title":"Security and Risk Management, the Americas — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2007-09-27","effective_on":null,"summary":"06-0099 response to Security and Risk Management, the Americas concerning 172.702, 175.30.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0099.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0099.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0099","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2006/060099.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\n200 New Jersey Ave.. S.\nof Transportation\nlashington, DC 2059\nMaterials Set Hazardous\nSEP 27 2007\nAdministration\nMr. James LoBello\nReference No.: 06-0099\nSenior and esk Management, the Americas\nLufthansa Cargo\nDear Mr. Lobello:\nMaterials Regulations (HMR; 49 CFR Parts 100-180) applicable to accepting and inspecting\nThis is in response to your April 17, 2006 letter requesting clarification of the Hazardous\nhazardous materials shipments. Specifically, you state that your company has staff at\n\"offline\" stations that check hazardous materials shipments and forward them to the first\nhazardous materials on a regular basis, and ask whether the following procedures are\n\"online\" station for connection to a flight. You state that your offline station does not handle\nacceptable under the HMR training requirements:\n1).\nOffline station staff, trained in general awareness, receive the hazardous materials\nshipment;\n2).\nOffline station staff forward the shipping documents to a remote location\naccordance with International Air Transport Association (IATA) and International\nfor verification of accuracy by staff trained in acceptance procedures in\nCivil Aviation Organization (ICAO) Technical Instructions;\n3).\nto the remote location;\nThe hazardous materials shipment would be captured via a Web Cam and transmitted\n4).\nand accepts the hazardous materials shipment.\nStaff at the remote location reviews the shipping documents and Web Cam pictures\nThe answer is no. As required in § 172.702(a), a hazmat employer must ensure that each of\nsafety. Under your scenario, both offline and online employees directly affect hazardous\nThe training requirements found in § 172.704 include: (1) general awareness/familiarization\nmaterials transportation, and, therefore, are subject to the training requirements of the HMR.\ntraining; (2) function-specific training; (3) safety training; (4) security awareness training; and\n172.702 (a)\n145.30\n060099\n\n<<<PAGE 2>>>\n\na hazardous materials shipment and ascertain that it conforms to applicable HMR\nrequirements.\nIn addition, your procedure to remotely view a package via Web Cam prior to its acceptance\nor transportation does not appear to be sufficient to ascertain that the package conforms to al\napplicable HMR requirements. For example, a picture does not provide a true representatio\nFurther, the procedure is not adequate to determine whether the integrity of the package has\nof the size, color, and shape of the package, and the marking and labels on the package.\nbeen compromised, or the package is leaking or emitting odors. That determination requires a\nphysical inspection.\nI trust this satisfies your inquiry.\nSincerely,\n/Chief, Standards Development\nOffice of Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\nFoster\n5175.30172.702\n:\nAir\n06-0099\nLufthansa Cargo\nApril 17t 2006\nOffice of Hazardous Materials Standards,\nAttn: DHM-10\nResearch and Special Programs Administration\n4007* Street SW\nU.S. Department of Transportation\nWashington, DC 20590-0001\nDear Sir/ Madam,\nRe: Checking of Hazardous Materials shipments from a remote location\nWe currently have Category 6 (acceptance trained in accordance with IATA and\nHazardous Material shipments and forward it to the first online station (via truck\nthe ICAO Techincal Instructions) qualified staff at offline stations who check\nLufthansa flight. Since the offline station does not check hazardous material\nunder the DOT requirements for road feeder operations) for a connection to a\n49CFR Part175), there is more room for error and also different forms of\nshipments on a regular basis (in accordance to the air transportation regulations\ninterpretation than a regular airline online station where shipments are checked\nmore frequently.\nTherefore we would like to pursue the following:\nThe Offline station (served by truck) would be manned with a Category 7/8\ndocuments - Hazardous Materials Shipment Declaration (Via Fax) to a remote\nqualified staff (general awareness) to receive the shipments. They forward the\ncation tor checking. Inl\nIn reviewing the 49CFR Part 175.30 and the ICAO Technical Instructions (Page\n7.1.1)., we could not find any regulation that would restrict this proposed process.\n\n<<<PAGE 4>>>\n\n:\n:\nacceptable in meeting the regulations outlined in the Code of Federal\nCould you provide written guidance as to whether or not this process would be\nRegulations, Title 49 for Air Transportation?\nPlease let me know if you require further information.\nWe look forward to hearing from you.\nYours Sincerely,\nLufthansa Cargo AG\nДам\nJames LoBello\nSenior Manager\nSecurity and Risk Management, the Americas","truncated":false,"body_characters":4638}