{"operation":"document","citation":"15-0003","title":"Tech Ord — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2015-06-18","effective_on":null,"summary":"15-0003 response to Tech Ord concerning 180.407.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-15-0003.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-15-0003.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-15-0003","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2015/150003.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\n1200 New Jersey Avenue SE\nWashington. DC 20590\nPipeline and Hazardous\nAdministration\nMaterials Safety\nMr. Ken Martinmaas\nJUN 1 8 2015\nLead Shipping Coordinator\nTech Ord\n47600-180#h Street\nClear Lake, SD 57226\nRef. No. 15-0003\nDear Mr. Martinmaas:\nThis responds to your January 5, 2015 email for clarification on the use of the CARGO\nAIRCRAFT ONLY (CAO) label under the Hazardous Materials Regulations (HMR; 49\nCFR Parts 171-180). Specifically, you ask if a CAO label may be placed on a package\ncontaining hazardous material being transported by highway.\nYou state that your company ships hazardous materials and at times doesn't know if the\nshipment will be going by highway or aircraft. You ask if the CAO label may be applied to\na package that is going to be shipped by highway instead of aircraft?\nThe answer to your question is yes provided that the type and amount of hazardous material\nis authorized on aircraft and the package conforms to all air transport requirements. See also\nPHMSA Interpretation Ref. No. 05-0269.\nSection 172.402(c) requires the use of the CAO label when transporting hazardous materials\nby aircraft when it is only authorized by cargo aircraft. While the HMR does not prohibit use\nof the CAO label by highway, the CAO label is customarily used only in shipments properly\noffered for air transportation. As a result, usage of this label for shipments not properly\nprepared for air transport could create confusion for freight forwarders and carriers.\nMany air shipments of hazardous materials require additional hazard communications and\nmore robust packaging. Please note § 172.204(c) requiring a shipper's certification that \"all\napplicable air transport requirements have been met.\" You may wish to also inquire with.\nyour freight forwarder(s) and/or carriers on how to utilize their systems and protocols to\nclearly indicate your shipment is not prepared for air transportation when that is the case.\n\n<<<PAGE 2>>>\n\nI hope this answers your inquiry. If you need additional assistance, please contact this\nOffice at 202-366-8553.\nSincerely,\nActing Chief, Standards Development Branch\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\nBoothe\n8/72.488\nabeleng\nDodd, Alice (PHMSA)\n15-0007\nFrom:\nSent:\nCiccarone, Michael CTR (PHMSA)\nTo:\nMonday, January 05, 2015 3:29 PM\nHazmat Interps\nSubject:\nFW: Cargo Aircraft Only labels\nShante/Alice,\nPlease submit this for a formal letter of interpretation. Mr. Martinmaas spoke to Shelby in the HMIC.\nThanks,\nMike\nFrom: Ken Martinmaas [mailto:kmartinmaas@techord.net]\n.........\nSent: Monday, January 05, 2015 1:50 PM\nTo: PHMSA HM InfoCenter\nSubject: Cargo Aircraft Only labels\nGood Morning,\nI am requesting a formal letter of interpretation on the following subject. In shipping hazardous materials, we\nrun into the situation where we are not sure of how the package will be shipped, be it by ground or air. Can a person\napply the Cargo Aircraft Only label to a package that is going be shipped ground instead of air?\nThank You,\nKen Martinmaas\nNew Email\nR\nLead Shipping Cordinator\nkmartinmaas(@@techord.net\n47600-180 St\nClear Lake, SD 57226 USA\n(605) 874-2631\nNOTICE: This message is being sent by TechOrd. a division of AMTEC Corpomtion and is intended exclusively for the individuals and entities to which it is addressed. This\ncommunication. including any attachments, may contain sensitive. confidential or privileged information. Any disclosure, use. dissemination or copying of this communication. its\ncriminal action. If you have received this electronic transmission in error, please notify sender immediately by replying tothis message and then permanently deleting it.\ncontents or its attachments is strictly prohibited. Anyone who fails to protect sensitive information from unauthorized disclosure may be subject to administrative. contractual or\nInternational Traffic in Arms Regulations, and are subject to the export control laws of the U.S. Govemment. Transfer of this data by any means to a foreign national or\nITAR WARNING - EXPORT CONTROLLED: The contents or attachments to this email' may contain technical data within the definition of the U.S. Munitions List and the\nrepresentative of foreign government or interest, whether in the U.S. or abroad. without an export license or other approval from the U.S. Department of State. is prohibited.\nViolation of these export laws is subject to severe criminal penalties.\n1","truncated":false,"body_characters":4452}