{"operation":"document","citation":"12-0235","title":"Ms. Sandra Harding — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2013-02-08","effective_on":null,"summary":"12-0235 concerning 175.700, 175.75.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0235.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0235.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0235","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2013/120235.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, D.C. 20590\nFEB 0 8 2013\nMs. Sandra Harding\n3 7 41 Eight Mile Road\nMelbourne, KY 41059\nReference No.: 12-0235\nDear Ms. Harding:\nThis is in response to your October 19, 2012 email to the Hazardous Materials Information\nCenter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts\n171-180) applicable to aircraft quantity limitations and cargo location.\nYou observe that Variation US 13 in the International Civil Aviation Organization Technical\nInstructions for the Safe Transport of Dangerous Goods by Air (ICAO TI) is not consistent\nwith the current language ofthe HMR. You provide an outline of your understanding of the\ncurrent requirements ofHMR § 175.75(b) through (f) relating to accessibility requirements\nand quantity limitations and ask if your understanding is correct.\nYour understanding of the current requirements ofHMR § 175.75, pertaining to the loading\nand transport of hazardous materials aboard an aircraft and Variation US 13 of the ICAO TI,\nas you outlined in your email are correct.\nYou are also correct that Variation US 13 in the ICAO TI is not consistent with the current\nlanguage ofHMR § 175.75. However, Variation US 13 does indicate that operators must\ncomply with all requirements of Part 175 of the HMR. The revision of Variation US 13 is\nunder consideration for an international harmonization initiative.\nYou also ask PHMSA's reasoning for not excluding Class 7 materials from the quantity\nlimitations on passenger aircraft.\nClass 7 materials were inadvertently not excluded from the quantity limitations for\npassenger aircraft in HMR § 175.75(c). The limitations for the transport of Class 7 materials\nby aircraft are provided in HMR § 175.700. The revision ofHMR § 175.75(c), to exclude\nClass 7 materials, may be considered for a future rulemaking.\nust this satisfies your inquiry. Please contact us ifwe can be of further assistance.\ncerely, ~\n~ ~\nDelmerB~~\nSenior Regulatory Advisor\nStandards and Rulemaking Division\n\n<<<PAGE 2>>>\n\nDrakeford, Carolyn (PHMSA)\nFrom:\nSent:\nTo:\nSubject:\nINFOCNTR (PHMSA)\nMonday, October 22, 2012 11:35 AM\nDrakeford, Carolyn (PHMSA)\nFW: Request for clarification 49 CFR 175.75\nI 1 -()JL;35\nHi Carolyn,\nThanks,\nVictoria\nWe received the following request for a formal letter of interpretation.\nFrom: Sandra Harding [mailto:sharding29@gmail.com]\nSent: Friday, October 19, 2012 1:15 PM\nTo: INFOCNTR (PHMSA)\nSubject: Fw: Request for clarification 49 CFR 175.75\nCORRECTION TO \"ADDITIONAL QUESTION\" below:\nFrom: Sandra Harding\nSent: Friday, October 19, 2012 1:08PM\nTo: infocntr@dot.gov\nSubject: Request for clarification 49 CFR 175.75\nDear PHMSA,\nI am writing to request clarification of the operator requirements for loading hazardous materials as described\nin 49 CFR 175.75.\nI am not yet in possession of the 2013-20141CAO Technical Instructions to be able to verify whether ICAO Tl\nVariation US-13 has been amended to correspond with the current 175.75, but I do have the 20131ATA DGR\nwhich still contains what I believe is outdated information in USG-13 (d).\nCan you please advise whether my understanding of 49 CFR 175.75 (b) through (f) as outlined below is correct:\nA. ACCESSIBILITY REQUIREMENTS\nPackages/overpacks labeled \"CARGO AIRCRAFT ONLY\" must be loaded on a cargo-only aircraft where they can\nbe (definition of uaccessibility\") accessed, handled and where size and weight permit, relocated away from\nother cargo inflight, OR loaded in a Class C cargo compartment (OR in a ULD approved as meeting Class C\nrequirements).\nThese requirements to NOT apply to CAO packages/overpacks of the following:\nClass 3, PG Ill, except those having a Class 8 subsidiary risk;\nDivision 6.1, PG II and Ill only, except those having a Class 3 subsidiary risk;\nDivision 6.2,\nClass 7, provided they do not have a subsidiary risk;\nClass 9\n1\n\n<<<PAGE 3>>>\n\nB. LOAD QUANTITY LIMITATIONS:\nOn PASSENGER AIRCRAFT:\nNo more than 25 kg net weight of dangerous goods, and an additional 75 kg of 2.2 gas, may be loaded in an\ninaccessible cargo compartment.\nThe following are not subject to the above limitations:\nClass 9;\nPackages prepared in accordance with the limited Quantity provisions of ICAO Tl;\nPackages prepared in accordance with the Excepted Quantity provisions of ICAO Tl.\nON CARGO·ONL Y AIRCRAFT:\nPackages/overpacks labeled \"CARGO AIRCRAFT ONLY\" must meet accessibility requirements as above.\nFor packages/overpacks NOT labeled \"CARGO AIRCRAFT ONLY\", the following limitations apply:\nNo more than 25 kg net weight of hazardous materials, and and additional 75 kg net weight of 2.2 gas, may be\nloaded in an inaccessible manner on the aircraft.\nClass C cargo compartment are considered to be \"accessible\" for the purposes of this section, e.g., there are no\nloading quantity restrictions for hazardous materials loaded in Class C compartments of a cargo-only aircraft.\nThe following are not subject to the above limitations:\nClass 3, PG Ill, except those having a Class 8 subsidiary risk;\nDivision 6.1, PG II and Ill only, except those having a Class 3 subsidiary risk;\nDivision 6.2;\nClass 7, provided they do not have a subsidiary risk;\nClass 9;\nPackages prepared according to the Limited Quantity or Excepted Quantity provisions of the ICAO Tl.\nADDITIONAL QUESTION:\nRegarding the loading quantity limits above, was it your intention to NOT exclude Class 7 from the quantity\nrestrictions on passenger aircraft, being that:\nA. Radiation hazard is typically established based on radiation emitted rather than net quantity transported;\nB. Required declaration documentation for Class 7 indicates Category/Transport Index rather than net quantity.\nYOUR ASSISTANCE IS GREATLY APPRECIATED!!!!!\nSandra Harding\nsharding29@gmail.com\nTEL: 859.441.4385\n2","truncated":false,"body_characters":5862}