Cargolux Airlines International SA — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department 1200 New Jersey Avenue, SE Washington, D.C. 20590 aterials Safe peline and Hazardol Administration Mr. Gerard Guillaume JUL 0 1 2016 Head of Logistics Competence Deputy Post-Holder, Ground Ops Cargolux Airlines International SA Luxembourg Airport L-1360 Luxembourg City LUXEMBOURG Reference No. 15-0059 Dear Mr. Guillaume: This letter is in response to your March 30, 2015, letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the information required on shipping papers. Specifically, you ask whether foreign air carriers engaged in international transportation must comply with the requirements found in §§ 175.33(a)(1)(i) or (a)(1)(ii) of the HMR. Section 175.33(a) requires that a hazardous material subject to the provisions of the HMR be accompanied by the shipping paper for that material when carried aboard an aircraft and that the operator of the aircraft provide the pilot-in-command with accurate and legible information about the hazardous material shipment as early as practicable before departure of the aircraft. Section 175.33(a) further specifies that the information required on the notification of the pilot-in-command (NOPIC) must be as specified in either § 172.101 of the HMR or the International Civil Aviation Organization (ICAO) Technical Instructions for the Safe Transport of Dangerous Goods by Air (Technical Instructions). If the operator of the aircraft chooses to prepare the NOPIC in conformance with § 172.101, § 175.33(a)(1)(i) requires that this information must comply with any additional applicable requirements prescribed in §§ 172.202 and 172.203; however, it does not require the type of package to be included on the shipping paper. If the operator of the aircraft chooses to prepare the NOPIC in conformance with the ICAO Technical Instructions, § 175.33(a)(1)(ii) requires that this information be described by the proper shipping name, hazard class, and identification number that appears in the ICAO Technical Instructions and include any additional information required to be shown on shipping papers in accordance with Part 171, Subpart C, of the HMR.#

Page 2In your letter, you also ask if the following interpretation is correct: Whenever a substance or material is listed by proper shipping name and UN identification number in the International Civil Aviation Organization (ICAO) Technical Instructions for the Safe Transport of Dangerous Goods by Air (Technical Instructions), or the International Air Transport Association (IATA) Dangerous Goods Regulations (DGR), and is transported as authorized under 49 CFR Part 171, Subpart C, the provisions of § 175.33(a)(1)(ii) apply and the provisions of § 175.33(a)(1)(i) do not. Further, § 171.23(b)(5) requires that the shipping paper, hence the notification- of-pilot-in-command (NOPIC), must also include the additional description required in § 172.203 (c) only. As stated previously, we agree that NOPICs prepared in conformance with the ICAO Technical Instructions must comply with § 175.33(a)(1)(ii). However, they are also subject to all the applicable requirements prescribed in 49 CFR Part 171, Subpart C-—such as the requirement to list a hazardous substance on a shipping paper as prescribed in § 172.203(c) and to include other notations and information specific to the material being shipped. I hope this information is helpful. Please contact us if we can be of further assistance. Sincerely, T. Glenn Foster Chief, Regulatory Review and Reinvention Branch Standards and Rulemaking Division 2#

Page 3• Edmonson .. 5/75.35 Shippers Papers Dodd, Alice (PHMSA) 15-0059 From: Sent: Ciccarone, Michael CTR (PHMSA) To: Monday, March 30, 2015 12:03 PM Subject: Hazmat Interps Attachments: FW: Interpretation letter for 175.33 CV letter.pdf Shante/Alice, Please submit this for a formal letter of interpretation. Thanks, Mike From: Clements Roxanne [mailto:Roxanne.Clements@cargolux.com] To: PHMSA HM InfoCenter Sent: Friday, March 27, 2015 4:07 PM Subject: Interpretation letter for 175.33 Dear Sir or Madam, Regards, Cargolux Airlines International submits the attached letter for an interpretation of 49 CFR 175.33. Roxanne S. Clements Compliance Officer, the Americas T 202-341-1417 Cargolux Airlines International S.A. Headquarters, the Americas 14950 Heathrow Forest Pkwy, Suite 190. roxanne.clements@cargolux.com Houston, TX 77032 www.cargolux.com Please consider the environment before printing this e-mail! Disclaimer: If you are not the intended recipient of this message or you want to know more about the Cargolux policy on electronic communications, please click here. 1#

Page 4cargolux you name it, we fly it! Director. Standards & Rulemaking Mr. Charles Betts Pipeline & Hazardous Materials Safety US Department of Transportation Administration East Building 1200 New Jersey Avenue, SE Washington, DC 20590 13 March, 2015 Subject: 49CFR175.33 - Notification to Pilot-in-Command (NOPIC) Dear Mr. Betts, Specifically, is it required for Foreign Air Carriers engaged in international transportation to comply Cargolux Airlines herewith is seeking formal interpretation of the provisions of 49CFR175.33. with the provisions of §175.33 (a) (1) (i) or §175.33 (a) (1) (ii)? In May 2007, the HMRs were amended to clarify, revise and consolidate the requirements of this rulemaking. three significant changes with respect to NOPIC requirements were made pertaining to shipments under ICAO TI among other international regulatory schemes. As a result which specific requirements applied to shipments under ICAO TI, including the incorporation of and/or discussed. First, Part 175.33(a)(1)(ii) was added. Second. Part 171 was amended to clarify requiring shippers to identify which set of regulations applied (e.g., HMR or ICAO TI) was not some (but not all) requirements of Parts 172.202 and 172.203. Third, the proposed amendment under the HMRs must contain the additional requirements listed in 172.202 and 172.203 whereas adopted because it was unnecessary and burdensome. As a result. the NOPIC for goods shipped 171 Subpart C even though there is no specific requirement to list on the NOPIC whether the the NOPIC for goods shipped under ICAO TI must contain the additional requirements listed in Part goods are being transported under the HMRs or ICAO TI. Cargolux Airlines thus respectfully requests an interpretation on the following sections 49CFR175.33 - Shipping paper and notification of pilot-in-command aircraft. a copy of the shipping paper required by §175.30(a)(2) must accompany the shipment it (a) When a hazardous material subject to the provisions of this subchapter is carried in an pilot-in-command with accurate and legible written information as early as practicable before covers during transportation aboard the aircraft. and the operator of the aircraft must provide the departure of the aircraft. which specifies at least the following: Logistics Competences Luxembourg Airport Cargolux Airlines International S A Tel. : +352 4211 3514 www cargolux.com L-2990 Luxembourg E-mail : gerara quillaume@cargolux com Classification <Public Use>#

Page 5cargolux you name it, we fly it! including any remaining aboard from prior stops, as specified in §172.101 of this subchapter or the (1) The proper shipping name, hazard class and identification number of the material, ICAO Technical Instructions. In the case of Class 1 materials, the compatibility group letter also and identification number appearing in: must be shown. If a hazardous material is described by the proper shipping name, hazard class, package or technical name, any additional description requirements provided in §$172.202, and (i) Section 172.101 of this subchapter. Except for the requirement to indicate the type of 172.203 of this subchapter must also be shown on the notification. information required to be shown on shipping papers by subpart C of part 171 of this subchapter (ii) The ICAO Technical Instructions (IBR, see §171.7 of this subchapter), any additional must also be shown in the notification. Our interpretation: CARGOLUX Airlines interprets the provisions of 49CFR175.33 (a) (1) as follows: Whenever a substance or material is listed by Proper Shipping Name and UN Number in the ICAO Technical Instructions (or lATA Dangerous Goods Regulations Manual) and is transported as authorized by Subpart C of Part 171, the provisions of 49CFR175.33 (a) (1) (ii) apply and not those of (i). More specifically, 49CFR171.23 (b) (5) requires that the shipping paper, hence the NOPIC, must also include the additional description as required in 49CFR172.203 (c) only. Yours sincerely. Thank you very much for your consideration and your prompt clarification of this matter. Gerard GUILLAUME Head Of Logistics Competence (Ground Standards & Procedures. Ground Training & Ground Publications) Deputy Post-Holder, Ground Ops Cargolux Airlines International SA Luxembourg Airport L-1360 Luxembourg Cargolux Airlines International S.A. Logistics Competences L-2990 Luxembourg Luxembourg Airport E-mail Tel. +352 4211 3514 gerard gullaume @carec ux com www.cargolux.com Classification <Public Use>#