{"operation":"document","citation":"10-0145","title":"KLM Royal Dutch Airlines — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2010-12-03","effective_on":null,"summary":"10-0145 response to KLM Royal Dutch Airlines concerning 172.202, 175.75.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0145.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0145.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0145","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2010/100145.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration\nDEC ,3 2010\n1200 New Jersey Ave. SE\nWashington, D.C. 20590\nMr. Michael van der Ve1de\nKLM Royal Dutch Airlines\nP.O. Box 7700\n1117 ZL Schiphol Airport\nThe Netherlands\nRef. No.: 10-0145\nDear Mr. van der Velde:\nThis responds to your June 25,2010 email requesting clarification ofthe Hazardous Materials\nRegulations (HMR; 49 CFR Parts 171-180) regarding quantity limitations and cargo location for\ncarriage by aircraft under § 175.75 and United States (U.S.) Variation 13 in the International\nCivil Aviation Organization Technical Instructions for the Safe Transport ofDangerous Goods\nby Air. Your questions are paraphrased and answered below:\nQ1. Please clarify the quantity limitations for hazardous materials transported in freight\ncontainers loaded in an accessible cargo compartment.\nAI. As specified in § 175.75 and U.S. Variation 13, each package containing hazardous\nmaterials acceptable for transport aboard passenger aircraft, no more than 25 kg (55 pounds) net\nweight ofhazardous materials and in addition thereto, 75 kg (165 pounds) net weight of\nDivision 2.2 (non-flammable compressed gas) may be loaded in an inaccessible manner. This\nincludes materials loaded in a freight container in an accessible cargo compartment. In the case\nof cargo freight containers, ifthe cargo compartment is accessible, the HMR and U.S. Variation\n13 permit 25 kg ofhazardous materials (reference to the Division 2.2 limit will be ignored for\nthe sake ofsimplicity) in each freight container, regardless ofthe number ofcontainers in the\ncargo compartment. Ifthe cargo compartment is inaccessible, the 25 kg limit applies to the\ncargo compartment.\nQ2. Please advise how an air carrier is expected to comply with the 25 kg weight limitation\nwhen the quantity ofhazardous materials is indicated on the shipping paper by volume?\nA2. As provided by § 1 72.202(a)(6), for transportation by aircraft, the total net mass per\npackage, must be shown unless a gross mass is indicated in Columns (9A) or (9B) ofthe\n§172.10l table in which case the total gross mass per package must be shown. For\ntransportation by aircraft, the HMR require the total quantity per package be expressed as a net\n\n<<<PAGE 2>>>\n\nmass. However, ifthe net quantity shown on shipping documents is expressed as a volume (e.g.\nliters) the net mass expressed in kilograms may be calculated from the net volume by\nmultiplying the volume of the liquid expressed in liters by its specific gravity.\nI hope this answers your inquiry. If you have further questions, please do not hesitate to contact\nthis office.\nSincerely,\n&n\nBen Supko\nActing Chief, Standards Development\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\n~~1\nDrakeford, Carolyn (PHMSA) § 176· 75\nFrom: INFOCNTR (PHMSA) ORtn-b/ Air\nSent: Friday, June 25,20108:48 AM\nTo: Drakeford, Carolyn (PHMSA) 10- 0145\nSubject: FW: USG-13(d) - Clarification requested.\nCarolyn,\nAnother request for a written letter of interpretation.\nThanks,\nRob\nFrom: Velde, M van der - SPLFQ [mailto:Michael-van-der.Velde@KLlVlCARGO.COM]\nSent: Friday, June 25, 2010 5:15 AM\nTo: INFOCNTR (PHMSA)\nCc: Kampman, D - SPLFQ; Balder, C. - SPLKI; Mailly, B - SPLKI\nSubject: USG-13(d) - Clarification requested.\nTo the attention of Messrs.the Office of Hazardous Material Safety Information Center\nDear madam/sir,\nCan we kindly request your views and clarification on the following? In the 51 st edition of the lATA Dangerous Goods\nRegulations (2010) we have gone through State Variation USG-13, part (d) and noticed under ad 3. it is stated that no\nmore than 25 kg net weight of dangerous goods and in addition 75 kg net weight of non-flammable gas, that are permitted\nto be carried aboard a passenger aircraft may be carried: \"in any accessible cargo compartment of a cargo aircraft if the\ndangerous goods are loaded so as to be inaccessible unless in a freight container\".\nUSG-13 (d) is copied here below, the subject ad.3 marked in red.\nUSG-13 (d) Except for \"Other Regulated Materials\" as defined in 49 CFR 173.144,\nsubstances of Class 9, radioactive material, aircraft batteries transported as items of\nreplacement, and those articles and substances considered to be dangerous goods under\nthese Regulations but which are not subject to 49 CFR Parts 171-180, the following\nlimitations apply:\nNo more than 25 kg net weight of dangerous goods, and in addition thereto, 75 kg net weight\nof non-flammable gas, that are permitted to be carried aboard a passenger aircraft may be\ncarried aboard an aircraft:\n1. in an inaccessible cargo compartment;\n2. in any freight container within an accessible cargo compartment; or\n3. in any accessible cargo compartment of a cargo aircraft if the dangerous goods are\nloaded so as to be inaccessible unless in a freight container.\nFor transport by cargo aircraft the following additional substances are also excepted from this\nvariation:\n(i) Division 6.1 (poisonous) materials (except those labelled FLAMMABLE);\n(ii) Materials in Division 6.2 (etiologic or infectious substances);\n(iii) Class 3 (flammable liquid) materials with a flash point above 23°C (73°F) that do not meet\nthe definition of another hazard class.\nThe followin tables rovide the limits im osed b this variation:\nProblem\n• Concerning loading of dangerous goods on a cargo aircraft in an accessible cargo compartment (fi the main deck of a\nB747-Freighter aircraft) it is clear to us that, if such DG is loaded (for arguments sake) on the side of an open pallet,\nbordering the aircraft' center line and an adjacent pallet is loaded on the opposite side of that center line, no more\nthan 25 kg DG can be loaded on that position. That DG cargo is off course is this case inaccessible.\n1\n\n<<<PAGE 4>>>\n\n• This sentence ends with the note \"....unless in a freight container\". In our views this strophe contradicts the previous\ninaccessible. Unlike an aircraft pallet which is fitted with netting an aircraft container is always closed during flight, the\npart of the sentence for reasons that DG loaded in a freight container (ti. IATA Types AMA, AA2 etc) is also\nDG inside that container thus being inaccessible. We further found this information to be contradicting with the\ninformation provided in table USG 13.B.\nQuestion A: Can you kindly clarify the situation of DG loaded inside a freight container which is positioned in an\naccessible cargo compartment of a cargo aircraft?\nWe also have a second problem.\n• To our knowledge the USG Variations speak about a limit of 25 kg, however no reference is made as to the actions to\nQuestion B: Can you please advice how the differences between kilos and liters must be interpreted and where such\nbe taken when DG are indicated on the Shipper's Declaration in liters (besides those DG mentioned as \"excepted\").\ninformation is documented?\nWe look forward to your soonest response.\nRespectfully yours,\nkc\nSPL/KI\nMichael van der Velde\nP.O. Box 7700\nThe Netherlands\n1117 ZL Schiphol Airport\ncell : + 31(0) 6 1221 5365\nphone: + 31 (0) 20 64 94301\nfax : + 31 20 64 88271\n5y please don't print this e-mail unless you really need to\nCC: : KLM Royal Dutch Airlines, dept: Dangerous Goods Competence Center\nSPL/FQ - Dennis Kampman, manager\nSPL/KI - Bob Mailly, inspector\nSPL/KI - Cees Balder, inspector\n********************************************************\nFor information, services and offers, please visit our web site: http://www.klm.com. This e-mail and any\nattachment may contain confidential and privileged material intended for the addressee only. If you are not the\naddressee, you are notified that no part of the e-mail or any attachment may be disclosed, copied or distributed,\nand that any other action related to this e-mail or attachment is strictly prohibited, and may be unlawful. If you\nhave received this e-mail by error, please notify the sender immediately by return e-mail, and delete this\nmessage.\nKoninklijke Luchtvaart Maatschappij NV (KLM), its subsidiaries and/or its employees shall not be liable for the\nincorrect or incomplete transmission of this e-mail or any attachments, nor responsible for any delay in receipt.\nKoninklijke Luchtvaart Maatschappij N.V. (also known as KLM Royal Dutch Airlines) is registered in\n********************************************************\nAmstelveen, The Netherlands, with registered number 3014286\n2","truncated":false,"body_characters":8377}