{"operation":"document","citation":"11-0164","title":"UPS — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2011-09-27","effective_on":null,"summary":"11-0164 response to UPS concerning 171.22, 173.24, 173.27.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0164.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0164.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0164","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2011/110164.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department 1200 New Jersey Avenue SE\nof Transportation\nWashington, DC 20590\nPipeline and Hazardous\nMaterials Safety\nAdministration\nSEP 27 2011\nMr. Samuel Elkind\nCorporate Regulated Goods Manager\n55 Glenlake Parkway, NE\nAtlanta, GA 30328-3474\nRef. No.: 11-0164\nDear Mr. Elkind:\nThis responds to your July 13, 2011 letter seeking clarification ofthe requirements in the\nInternational Civil Aviation Organization's (ICAO) Technical Instructions and the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask ifthe absorbent\nmaterial requirements of the HMR in 173.27(e) apply to export air shipments, or ifthey apply to\nall air shipments, i.e, domestic, import and export shipments, when they are prepared and offered\nin accordance with the ICAO Technical Instructions.\nSection 171.22 gives shippers and carriers the option ofpreparing shipments ofhazardous\nmaterials offered or intended for transportation by aircraft in conformance with the ICAO\nTechnical Instructions. However, as you state in your letter, § 171.22(g)(5) requires that export\nshipments conform to the general packaging requirements in §§ 173.24 and 173.24a. Section\n173.24(i) states that \"Except as provided in subpart C ofpart 171 ofthis subchapter, packages\noffered or intended for transportation by aircraft must conform to the general requirements for\ntransportation by aircraft in § 173.27.\" Subpart C ofpart 171 includes § 171.22. Therefore,\nwhen using the ICAO Technical Instructions, the absorbent material requirements ofthe HMR in\n173.27(e) apply to export air shipments.\nICAO recently adopted revised packing instructions for incorporation in the ICAO Technical\nInstructions. These packaging instructions require a secondary means of closure for all liquids in\ncombination packagings, or when a secondary means ofclosure cannot be applied, this\nrequirement may be satisfied by using a liner or other form of containment, such as absorbent\nmaterial. ICAO Packing Instructions require enough absorbent material to absorb the entire\ncontents for Packing Group I material and require absorbent material for certain materials within\n\n<<<PAGE 2>>>\n\nspecific Packing Instructions. As information, an upcoming final rule under Docket No.\nPHMSA-07-29364 (HM-231A), Hazardous Materials; Packages Intended for Transport by\nAircraft, will address the ICAO revisions.\nI hope this answers your inquiry. If you need additional assistance, please contact the Standards\nand Rulemaking Division at (202) 366-8553.\nSincerely,\n~C~\nBen Supko\nActing Chief, Standards Development\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\n\\A\\ ;U1+ev'8/73121\n(e)\n8 173. .2N\n55 Glenlake Parkway, NE\nAtlanta, GA 30328-3474\nJuly 13,2011 )}-?Jlfo1\nMr. Charles Betts\nDirector, Standards and Rulemaking\nPipeline and Hazardous Materials Safety Administration\nU.S. Department of Transportation - PHH-lO\n1200 New Jersey Ave., SE - East Bldg, 2nd Floor\nWashington, DC 20590\nRe: Application of 49 CFR 173.27(e) for shipments prepared under\nICAO Technical Instructions\nDear Mr. Betts:\nUPS seeks clarification as to whether and when the absorbent material requirements identified in\n49 CFR 173.27(e) apply to air shipments that are prepared and offered in accordance with the\nICAO Technical Instructions (TI). While in the past, the ICAO TI contained general\nrequirements for absorbent materials that were very similar to those prescribed by §173.27 (e), in\nthe current ICAO edition, absorbent materials are now prescribed by each applicable packing\ninstruction. In other words, there is no longer a general requirement for absorbent material stated\nin the ICAO TI.\nOn the other hand, there may be some intent in the HMR to apply a general requirement for\nabsorbent material, but t1!e cross-references among applicable regulations obscure the exact\nintent. Specifically, in § 173.22, the authorization to use international regulations such as the\nICAO TI, § 171.22(g)(5) states the following:\n(g) Additional requirements for the use ofinternational standards and regulations. All shipments\noffered for transportation or transported in the United States in accordance with this subpart must\nconfonn to the following requirements, as applicable:\n* * *\n(5) For export shipments, the general packaging requirements in §§173.24 and 173.24a ofthis\nsubchapter;\nA reference to the general package requirements for air shipments appears in §173.24(i), which\nprovides the following limited reference to the requirements of §173.27:\n(i) Air Transportation. Except as provided in subpart C ofPart 171 ofthis subchapter, packages\noffered or intended for transportation by aircraft must confonn to the general requirements for\ntransportation by aircraft in § 173.27.\n'PQcka3~nj\n\n<<<PAGE 4>>>\n\nSince Subpart C of Part 171 includes § 171.22, the emphasis appears to settle specifically\non export shipments. In other words, this pair of requirements appears to create a\nsituation in which absorbent material conforming to § 173.27(e) is required for export\nshipments conducted in accordance with the ICAO TI, but not for any other type of\nshipment prepared under the ICAO TL A purely domestic shipment appears to be\nexcepted from § 173.27( e), as apparently also are import or transit shipments.\nHowever, that result appears to yield an inconsistent application ofabsorbent material\nrequirements, which may not be PHMSA's intent. Therefore, UPS requests PHMSA's\nclarification of the requirements for use of absorbent for air shipments prepared in\naccordance with the ICAO TL Such confirmation will enable UPS to fully understand\nthe requirements and guide its customers as appropriate.\nSincerely,\no IJ?(2\"-1\n~ind\nCorporate Regulated Goods Manager","truncated":false,"body_characters":5707}