Product Regulatory Services — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation 1200 New Jersey Avenue, SE Pipeline and Hazardous Materials Washington, DC 20590 Safety Administration Mr. Robert Miller MAR 1 3 2015 Product Safety Specialist II Product Regulatory Services Evonik Corporation 299 Jefferson Road Parsippany, NJ 07054 Ref. No.: 14-0212 Dear Mr. Miller, This is in response to your November 3, 2014 e-mail requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) in reference to a previous letter of interpretation Ref. No. 14-0021 relating to the applicability of the HMR to hazardous materials aboard an aircraft that overflies U.S. airspace. Specifically, you ask if the HMR apply to an air shipment prepared in accordance with international regulations without the intent of overflying the U.S., but unbeknownst to the offeror, does overfly U.S. airspace due to an unplanned change in flight path. The answer to your question is yes, the provisions of the HMR do apply. As stated in § 171.1(c), the HMR applies to transportation of a hazardous material in commerce and to each person who transports a hazardous material in commerce. The definition of "commerce" in § 171.8 is trade or transportation in the jurisdiction of the United States. The jurisdiction of the United States includes the airspace. The offering for transportation and acceptance of hazardous materials packaged in accordance with the International Civil Aviation Organization's (ICAO) Technical Instructions for transport to, from and within the U.S. is authorized under Subpart C of Part 171 of the HMR. I trust this information is helpful. If you have further questions, please do not hesitate to contact this office. Sincerely, Diane A Pite Duane Pfund International Standards Coordinator Standards and Rulemaking Division#

Page 2Wener 5/71.24 ICAO 14-0212 EVOnIK INDUSTRIES Standards and Rulemaking Division November 3, 2014 Pipeline and Hazardous Materials Safety Administration Attn: PHH-10 Evonik Corporation 299 Jefferson Road U.S. Department of Transportation Parsippany, NJ 07054 East Building Phone www.evonik.com +1 973-929-8059 1200 New Jersey Avenue, SE. Fax Cell +1 973-202-3038 +1 973-929-8040 Washington, DC 20590-0001 Robert.miller@evonik.com RE: Interpretation for HazMat overflying the U.S. Dear Madam / Sir: In reference to the interpretation letter Ref. No.: 14-0021, please clarify if the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) relating to the air transportation of hazardous material apply to offerors transporting hazmat overflying U.S. airspace due to an unforeseen flight path change. If an air shipment is prepared in accordance with international regulations without the intent of overflying the U.S. but the flight path changes unbeknownst to the offeror, does the HMR apply if the new path flies over the U.S? Are there any exceptions for this scenario? Thank you for your time and guidance. Sincerely yours, Robert Miller Product Safety Specialist I! Product Regulatory Services USA Page 1 of 1#

Page 3Dodd, Alice (PHMSA). From: Sent: Ciccarone, Michael CTR (PHMSA). To: Monday, November 03, 2014 2:31 PM Hazmat Interps Subject: Attachments: FW: HazMat Overflying the US Letter of Interpretation Request Hazmat overflying US Letter of Interp.pdf Shante/Alice, Please submit this for a formal letter of interpretation. Thanks, Mike From: robert.miller@evonik.com [mailto: robert.miller@evonik.com] To: INFOCNTR (PHMSA) Sent: Monday, November 03, 2014 11:52 AM Cc: kenneth.miller@faa.gov Subject: HazMat Overflying the US Letter of Interpretation Request Greetings, offeror's knowledge. Attached please find a request for a letter of interpretation regarding hazmats overflying the US without the Thanks, Rob Robert Miller Product Safety Specialist II Phone +1 973 929 8059 Product Regulatory Services Cal 11973202 3030 +1 973 929 8040 robert.miller@evonik.com 299 Jefferson Road Evonik Corporation Parsippany, NJ 07054, USA http://www.evonik.com This message and any attachments are the property of Evonik Industries and its subsidiaries, are confidential, and may be privileged or otherwise protected rom disclosure. This message is intended solely for the use of the addressee. If you receive this e-mail in error, please telephone or e-mail the sender anc distributing or using any of this information. delete this message and any attachments from vour system. If you are not the intended recipient you are strictly prohibited from disclosing, copying 1#