{"operation":"document","citation":"10-0194","title":"Alaska Air Group, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2011-03-28","effective_on":null,"summary":"10-0194 response to Alaska Air Group, Inc. concerning 172.202, 172.203, 175.33.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0194.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0194.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0194","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2010/100194.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration\nMAR 282011\n1200 New Jersey Ave, SE\nWashington, D.C. 20590\nMr. Mike Tobin\nAlaska Air Group, Inc.\nP.O. Box 68900\nSeattle, Washington 98168\nReference No. 10-0194\nDear Mr. Tobin:\nThis responds to your letter requesting clarification of the Hazardous Materials Regulations\n(HMR; 49 CFR Parts 171-180) applicable to the requirements for notification of pilot-incommand.\nSpecifically, you ask if the EX number for UN3268, proper shipping name \"Air bag\ninflators, or Air bag modules, or Seat-belt pretensioners\" is required to be indicated on the\nnotification of the pilot-in-command.\nIn accordance with § 175.33(a), when a hazardous material subject to the provisions of the HMR\nare carried in an aircraft, the operator of that aircraft must provide the pilot-in-command with\naccurate and legible information about the shipment before departure of the aircraft. The\ninformation required on the notification of the pilot-in-command (NOPIC) must include the\nproper shipping name, hazard class, and identification number of the material, including any\nmaterial remaining aboard the aircraft from prior stops.\nSection 175.33(a)(I)(i) also states that, except for the requirement for number and type of\npackage, any additional requirements provided in § 172.202 and § 172.203 must also be shown\non the NOPle. There is no requirement in § 172.202 or § 172.203 specifying that an EX number\nbe marked on a shipping paper, therefore there is no clear requirement to include the information\non the NOPte. While § 172.202 or § 172.203 do not specify that an EX number be marked on a\nshipping paper, it should be noted that there are additional description requirements referenced in\nthe HMR for shipments that are prepared in accordance with the International Civil Aviation\nOrganization (ICAO) Technical Instructions (TI). The following provisions apply specifically to\nUN3268:\nSection 175.33(a)(1)(ii) specifies that if a hazardous material is described by the proper\nshipping name, hazard class, and identification number appearing in the ICAO TI (IBR,\nsee §171. 7 of this subchapter), any additional information required to be shown on\nshipping papers by Subpart C of Part 171 of the HMR must also be shown in the\nnotification.\n\n<<<PAGE 2>>>\n\nSection 171.23(b )(2) specifies that for each approved air bag inflator, air bag module and\nseat-belt pretensioner, the shipping paper description must conform to the requirements in\n§173.166(c) of the HMR.\nSection 171.23(b )(2)(i) specifies that the EX number or product code must be included in\nassociation with the basic shipping description. When a product code is used, it must be\ntraceable to the specific EX number assigned to the inflator, module or seat-belt\npretensioner by the Associate Administrator. The EX number or product code is not\nrequired to be marked on the outside package.\nSection 173.166(c) specifies that when offered for transportation, the shipping paper must\ncontain the EX number or product code for each approved inflator, module or\npretensioner in association with the basic description required by §172.202(a) of the\nHMR. Product codes must be traceable to the specific EX number assigned to the\ninflator, module or pretensioner by the Associate Administrator. The EX number or\nproduct code is not required to be marked on the outside package.\nPHMSA recognizes that it is unclear as to the requirements between the HMR and ICAO Tl for\nthe EX number for UN3268 to be listed on the NOPle. While §17S.33(a)(I)(ii) stipulates that\nany additional information required on the shipping paper by Subpart C of Part 171 be included\non the NOPIC, PHMSA did not intend to require that the EX number for UN3268 be included on\nthe NOPIC when using either the HMR or the leAO Technical Instructions as authorized by\nSubpart C of Part 171. We plan to clarify this in a future rulemaking.\nI hope this satisfies your inquiry. Please contact us if we can be of further assistance.\nSincerely,\n~:74~~\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\n· \n 13enedLcJ~175.\n33\n~ }73· Jfofa0)\nIh'~/ lJ()fincahi)ll-h 11/4f\nAugust 24, 2010 in CommtJ-nd\n/0-0191\nEdward T. Mazzullo\nDirector, Office of Hazardous Materials Standards\nPipeline and Hazardous Materials Safety Administration\nU.S. Department of Transportation\nEast Building, PHH-l0\n1200 New Jersey Avenue, SE\nWashington, D.C. 20590-0001\nDear Mr. Mazzullo,\nAlaska Airlines kindly requests a formal interpretation:\nIs the EX number of an UN3268 Air bag inflators, orAir bag modules, orSeat-belt\npretensioners required to be on the Notification to Pilot in Command (NOPIC)?\nIf PHMSA determines the EX number is required on the NOPIC, would PHMSA please add that\nrequirement to State, Variation 16.in t~eICAO Techni<;al Instructions. US 16 applies only to UN 3268,\nand while it .requires the EX numbe~ on the shipping -paper, it is silent on provision of information to\nflight crew.\nIf PHMSA determines the EX number is not required on the NOPIC, would PHMSA please\nclarify that in US 16 and change 49 CFR175.33(a)(1)(ii) to read (suggested change in bold italics):\nThe rCAO Technical Instructipns (IBR, !lee §171.7 Qf thi~subchapter), any additional information required to\nbe shown on shipping papers by subpart C of part 17] of this subchapter, exceptfor the EXnumber of\nUN3268, must also be shown in the notification.\nBackground:\nThe PHMSA Hazardous Materials Information Center told us on the telephone the EX number\nis not required on the I\\IOPIC.\nA FAA Letter of Investigation (2010NM710065) to us asserts that the EX number is required.\nTherefore there is disagreement within the DOT as well.\nPrevious discussion\n~n the Final Rule ofDocket 1\\10. RSPA-Q~-116~4 (HIVI-228) on March 22, 2006, on page 71 FR\n14594, it appears PHMSA-didnot wantthe EX number,onNOTOCs:, . '. .\n\n<<<PAGE 4>>>\n\nATA further states, \"Inclusion of details such as the EX number for airbags (but not\nfor other explosives when the detail is marked on a package o'r shipping papers),\nState exemptions, or similar information cross-referenced to the shipping papers is\nirrelevant, and possibly confusing to the flight crew and/or emergency responders.\"\nWe did not propose any revision to the requirements related to shipping papers or the\npreparation and delivery ofa NOPIC. Therefore, the comments summarized above\nare beyond the scope ofthis rulemaking.\nDoes the EX number serve a purpose on a NOPIC\nPHMSA assigns an EX number to approved explosives, but does not make them\navailable online as Special Permits are. The EX number is no more useful than packaging\ninformation, and PHMSA has exempted type of packaging from the NOPIC (49CFR17S.33(a)(1)(i).\nThe FAA inspector who issued the LOI told us that the EX number on the NOPIC\nwould alert the flight crew and responders to the presence of the explosive hazard, but\nflight crews and incident responders rely on the Emergency Response guide based on\nUN number.\nThe DOT assigns UN3268 to Guide 171 (Low to moderate hazard) in the\nNorth American Emergency Response Guidebook, whereas UN0012 Cartridges,\nsmall arms, are assigned to Guide 114 Explosives - Division 1.4C.\nFlight crews and airport emergency responders also use the ICAO ERG.\nUN3268 are assigned 9L (no general inherent risk -low risk), whereas UN0014\nare assigned 3L (flammable solid - low risk)\nSo if the EX number has value for response mitigation, we ask PHMSA to assign\na different response code for UN3268.\nRegulatory argument for EX number on a NOPIC.\na) 49CFR17S.33(a)(1)\n(i) Except for the requirement to indicate the type of package, any additional description\nrequirements provided in §§ 172.202, and 172.203 of this subchapter must also be shown on\nthe notification.\n(ii) The ICAO Technical Instructions (mR, see § 171.7 of this subchapter), any additional\ninformation required to be shown on shipping papers by subpart C of part 171 ofthis\nsubchapter must also be shown in the notification.\nb) 49CFR171.23 Requirements for specific materials and packagings transported under the\nICAO Technical Instructions, IMDG Code, Transport Canada TDG Regulations, or the IAEA\nRegulations.\n(b) Conditions and requirements specific to certain materials (2)\nAir bag inflator, air bag module and seat-belt pretensioner . For each approved air bag\ninflator, air bag module and seat-belt pretensioner, the shipping paper description must\nconform to the requirements in § 173.166(c) ofthis subchapter.\nP.O. Box 68900 - SEADG Seattle, Washington 98168 206-392-7854\n\n<<<PAGE 5>>>\n\n(i) The EX number or product code must be included in association with the basic\nshipping description. When a product code is used, it must be traceable to the specific EX\nnumber assigned to the inflator, module or seat-belt pretensioner by the Associate\nAdministrator. The EX number or product code is not required to be marked on the\noutside package.\nThe FAA inspector conceded a case could be made that the EX number is not\nrequired for a shipment prepared according to the HMR, only a shipment prepared\naccording to the lCAO n. This further strengthens our belief PHMSA did not intend for\nan EX number to be on a NOPIC as there is either a benefit to having the EX number on\nthe NOPIC or there is not, and the benefit is not dependent on the regulatory system\nused for shipment preparation. PHMSA does not require the EX number of any other\narticle or device to be on the NOPIC. And the EX number is not on the package itself\nwhich the hands-on emergency responder would see, so clearly its value is very limited.\nThank you very much for your consideration. If I can be of further assistance in\nunderstanding the request, please let me know.\nMike Tobin, CHMM\nManager Dangerous Goods\nAlaska Air Group, Inc.\nmike.tobin@alaskaair.com\nP.O. Box 68900 - SEADG\nSeattle, WA 98168\n(206) 392-7854\n. fax (206) 392-7512\nP.O. Box 68900 - SEADG Seattle, Washington 98168 206-392-7854","truncated":false,"body_characters":9991}