{"operation":"document","citation":"15-0059","title":"Cargolux Airlines International SA — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2016-07-01","effective_on":null,"summary":"15-0059 response to Cargolux Airlines International SA concerning 171.23, 172.101, 172.203, 175.33.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-15-0059.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-15-0059.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-15-0059","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2016/150059.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\n1200 New Jersey Avenue, SE\nWashington, D.C. 20590\naterials Safe\npeline and Hazardol\nAdministration\nMr. Gerard Guillaume\nJUL 0 1 2016\nHead of Logistics Competence\nDeputy Post-Holder, Ground Ops\nCargolux Airlines International SA\nLuxembourg Airport\nL-1360 Luxembourg City\nLUXEMBOURG\nReference No. 15-0059\nDear Mr. Guillaume:\nThis letter is in response to your March 30, 2015, letter requesting clarification of the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the\ninformation required on shipping papers. Specifically, you ask whether foreign air carriers\nengaged in international transportation must comply with the requirements found in\n§§ 175.33(a)(1)(i) or (a)(1)(ii) of the HMR.\nSection 175.33(a) requires that a hazardous material subject to the provisions of the HMR be\naccompanied by the shipping paper for that material when carried aboard an aircraft and that\nthe operator of the aircraft provide the pilot-in-command with accurate and legible\ninformation about the hazardous material shipment as early as practicable before departure of\nthe aircraft. Section 175.33(a) further specifies that the information required on the\nnotification of the pilot-in-command (NOPIC) must be as specified in either § 172.101 of the\nHMR or the International Civil Aviation Organization (ICAO) Technical Instructions for the\nSafe Transport of Dangerous Goods by Air (Technical Instructions). If the operator of the\naircraft chooses to prepare the NOPIC in conformance with § 172.101, § 175.33(a)(1)(i)\nrequires that this information must comply with any additional applicable requirements\nprescribed in §§ 172.202 and 172.203; however, it does not require the type of package to be\nincluded on the shipping paper. If the operator of the aircraft chooses to prepare the NOPIC\nin conformance with the ICAO Technical Instructions, § 175.33(a)(1)(ii) requires that this\ninformation be described by the proper shipping name, hazard class, and identification\nnumber that appears in the ICAO Technical Instructions and include any additional\ninformation required to be shown on shipping papers in accordance with Part 171, Subpart C,\nof the HMR.\n\n<<<PAGE 2>>>\n\nIn your letter, you also ask if the following interpretation is correct:\nWhenever a substance or material is listed by proper shipping name and UN\nidentification number in the International Civil Aviation Organization (ICAO)\nTechnical Instructions for the Safe Transport of Dangerous Goods by Air (Technical\nInstructions), or the International Air Transport Association (IATA) Dangerous Goods\nRegulations (DGR), and is transported as authorized under 49 CFR Part 171, Subpart\nC, the provisions of § 175.33(a)(1)(ii) apply and the provisions of § 175.33(a)(1)(i) do\nnot. Further, § 171.23(b)(5) requires that the shipping paper, hence the notification-\nof-pilot-in-command (NOPIC), must also include the additional description required\nin § 172.203 (c) only.\nAs stated previously, we agree that NOPICs prepared in conformance with the ICAO\nTechnical Instructions must comply with § 175.33(a)(1)(ii). However, they are also subject to\nall the applicable requirements prescribed in 49 CFR Part 171, Subpart C-—such as the\nrequirement to list a hazardous substance on a shipping paper as prescribed in § 172.203(c)\nand to include other notations and information specific to the material being shipped.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n2\n\n<<<PAGE 3>>>\n\n•\nEdmonson\n..\n5/75.35\nShippers Papers\nDodd, Alice (PHMSA)\n15-0059\nFrom:\nSent:\nCiccarone, Michael CTR (PHMSA)\nTo:\nMonday, March 30, 2015 12:03 PM\nSubject:\nHazmat Interps\nAttachments:\nFW: Interpretation letter for 175.33\nCV letter.pdf\nShante/Alice,\nPlease submit this for a formal letter of interpretation.\nThanks,\nMike\nFrom: Clements Roxanne [mailto:Roxanne.Clements@cargolux.com]\nTo: PHMSA HM InfoCenter\nSent: Friday, March 27, 2015 4:07 PM\nSubject: Interpretation letter for 175.33\nDear Sir or Madam,\nRegards,\nCargolux Airlines International submits the attached letter for an interpretation of 49 CFR 175.33.\nRoxanne S. Clements\nCompliance Officer, the Americas\nT 202-341-1417\nCargolux Airlines International S.A.\nHeadquarters, the Americas\n14950 Heathrow Forest Pkwy, Suite 190.\nroxanne.clements@cargolux.com\nHouston, TX 77032\nwww.cargolux.com\nPlease consider the environment before printing this e-mail!\nDisclaimer: If you are not the intended recipient of this message or you want to know more about the Cargolux policy on\nelectronic communications, please click here.\n1\n\n<<<PAGE 4>>>\n\ncargolux\nyou name it, we fly it!\nDirector. Standards & Rulemaking\nMr. Charles Betts\nPipeline & Hazardous Materials Safety\nUS Department of Transportation\nAdministration\nEast Building\n1200 New Jersey Avenue, SE\nWashington, DC 20590\n13 March, 2015\nSubject: 49CFR175.33 - Notification to Pilot-in-Command (NOPIC)\nDear Mr. Betts,\nSpecifically, is it required for Foreign Air Carriers engaged in international transportation to comply\nCargolux Airlines herewith is seeking formal interpretation of the provisions of 49CFR175.33.\nwith the provisions of §175.33 (a) (1) (i) or §175.33 (a) (1) (ii)?\nIn May 2007, the HMRs were amended to clarify, revise and consolidate the requirements\nof this rulemaking. three significant changes with respect to NOPIC requirements were made\npertaining to shipments under ICAO TI among other international regulatory schemes. As a result\nwhich specific requirements applied to shipments under ICAO TI, including the incorporation of\nand/or discussed. First, Part 175.33(a)(1)(ii) was added. Second. Part 171 was amended to clarify\nrequiring shippers to identify which set of regulations applied (e.g., HMR or ICAO TI) was not\nsome (but not all) requirements of Parts 172.202 and 172.203. Third, the proposed amendment\nunder the HMRs must contain the additional requirements listed in 172.202 and 172.203 whereas\nadopted because it was unnecessary and burdensome. As a result. the NOPIC for goods shipped\n171 Subpart C even though there is no specific requirement to list on the NOPIC whether the\nthe NOPIC for goods shipped under ICAO TI must contain the additional requirements listed in Part\ngoods are being transported under the HMRs or ICAO TI.\nCargolux Airlines thus respectfully requests an interpretation on the following sections\n49CFR175.33 - Shipping paper and notification of pilot-in-command\naircraft. a copy of the shipping paper required by §175.30(a)(2) must accompany the shipment it\n(a) When a hazardous material subject to the provisions of this subchapter is carried in an\npilot-in-command with accurate and legible written information as early as practicable before\ncovers during transportation aboard the aircraft. and the operator of the aircraft must provide the\ndeparture of the aircraft. which specifies at least the following:\nLogistics Competences\nLuxembourg Airport\nCargolux Airlines International S A\nTel. : +352 4211 3514\nwww cargolux.com\nL-2990 Luxembourg\nE-mail : gerara quillaume@cargolux com\nClassification <Public Use>\n\n<<<PAGE 5>>>\n\ncargolux\nyou name it, we fly it!\nincluding any remaining aboard from prior stops, as specified in §172.101 of this subchapter or the\n(1) The proper shipping name, hazard class and identification number of the material,\nICAO Technical Instructions. In the case of Class 1 materials, the compatibility group letter also\nand identification number appearing in:\nmust be shown. If a hazardous material is described by the proper shipping name, hazard class,\npackage or technical name, any additional description requirements provided in §$172.202, and\n(i) Section 172.101 of this subchapter. Except for the requirement to indicate the type of\n172.203 of this subchapter must also be shown on the notification.\ninformation required to be shown on shipping papers by subpart C of part 171 of this subchapter\n(ii) The ICAO Technical Instructions (IBR, see §171.7 of this subchapter), any additional\nmust also be shown in the notification.\nOur interpretation:\nCARGOLUX Airlines interprets the provisions of 49CFR175.33 (a) (1) as follows:\nWhenever a substance or material is listed by Proper Shipping Name and UN Number in the\nICAO Technical Instructions (or lATA Dangerous Goods Regulations Manual) and is transported\nas authorized by Subpart C of Part 171, the provisions of 49CFR175.33 (a) (1) (ii) apply and not\nthose of (i).\nMore specifically, 49CFR171.23 (b) (5) requires that the shipping paper, hence the NOPIC, must\nalso include the additional description as required in 49CFR172.203 (c) only.\nYours sincerely.\nThank you very much for your consideration and your prompt clarification of this matter.\nGerard GUILLAUME\nHead Of Logistics Competence\n(Ground Standards & Procedures. Ground Training & Ground Publications)\nDeputy Post-Holder, Ground Ops\nCargolux Airlines International SA\nLuxembourg Airport\nL-1360 Luxembourg\nCargolux Airlines International S.A.\nLogistics Competences\nL-2990 Luxembourg\nLuxembourg Airport\nE-mail\nTel. +352 4211 3514\ngerard gullaume @carec ux com\nwww.cargolux.com\nClassification <Public Use>","truncated":false,"body_characters":9242}