Tech Ord — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation 1200 New Jersey Avenue SE Washington. DC 20590 Pipeline and Hazardous Administration Materials Safety Mr. Ken Martinmaas JUN 1 8 2015 Lead Shipping Coordinator Tech Ord 47600-180#h Street Clear Lake, SD 57226 Ref. No. 15-0003 Dear Mr. Martinmaas: This responds to your January 5, 2015 email for clarification on the use of the CARGO AIRCRAFT ONLY (CAO) label under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask if a CAO label may be placed on a package containing hazardous material being transported by highway. You state that your company ships hazardous materials and at times doesn't know if the shipment will be going by highway or aircraft. You ask if the CAO label may be applied to a package that is going to be shipped by highway instead of aircraft? The answer to your question is yes provided that the type and amount of hazardous material is authorized on aircraft and the package conforms to all air transport requirements. See also PHMSA Interpretation Ref. No. 05-0269. Section 172.402(c) requires the use of the CAO label when transporting hazardous materials by aircraft when it is only authorized by cargo aircraft. While the HMR does not prohibit use of the CAO label by highway, the CAO label is customarily used only in shipments properly offered for air transportation. As a result, usage of this label for shipments not properly prepared for air transport could create confusion for freight forwarders and carriers. Many air shipments of hazardous materials require additional hazard communications and more robust packaging. Please note § 172.204(c) requiring a shipper's certification that "all applicable air transport requirements have been met." You may wish to also inquire with. your freight forwarder(s) and/or carriers on how to utilize their systems and protocols to clearly indicate your shipment is not prepared for air transportation when that is the case.#

Page 2I hope this answers your inquiry. If you need additional assistance, please contact this Office at 202-366-8553. Sincerely, Acting Chief, Standards Development Branch Standards and Rulemaking Division#

Page 3Boothe 8/72.488 abeleng Dodd, Alice (PHMSA) 15-0007 From: Sent: Ciccarone, Michael CTR (PHMSA) To: Monday, January 05, 2015 3:29 PM Hazmat Interps Subject: FW: Cargo Aircraft Only labels Shante/Alice, Please submit this for a formal letter of interpretation. Mr. Martinmaas spoke to Shelby in the HMIC. Thanks, Mike From: Ken Martinmaas [mailto:kmartinmaas@techord.net] ......... Sent: Monday, January 05, 2015 1:50 PM To: PHMSA HM InfoCenter Subject: Cargo Aircraft Only labels Good Morning, I am requesting a formal letter of interpretation on the following subject. In shipping hazardous materials, we run into the situation where we are not sure of how the package will be shipped, be it by ground or air. Can a person apply the Cargo Aircraft Only label to a package that is going be shipped ground instead of air? Thank You, Ken Martinmaas New Email R Lead Shipping Cordinator kmartinmaas(@@techord.net 47600-180 St Clear Lake, SD 57226 USA (605) 874-2631 NOTICE: 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 communication. including any attachments, may contain sensitive. confidential or privileged information. Any disclosure, use. dissemination or copying of this communication. its criminal action. If you have received this electronic transmission in error, please notify sender immediately by replying tothis message and then permanently deleting it. contents or its attachments is strictly prohibited. Anyone who fails to protect sensitive information from unauthorized disclosure may be subject to administrative. contractual or International 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 ITAR 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 representative 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. Violation of these export laws is subject to severe criminal penalties. 1#