{"operation":"document","citation":"16-0070","title":"DHL Global Forwarding — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2017-07-20","effective_on":null,"summary":"16-0070 response to DHL Global Forwarding concerning 172.704, 175.30, 175.33.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-16-0070.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-16-0070.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-16-0070","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2017/160070.pdf","body":"<<<PAGE 1>>>\n\nUS Dangerous Goods Department\nDHL Global Forwarding\n1905 Raymond Ave. SW\nRenton, WA 98057\nReference No. 16-0070\nDear Ms. Welk:\nThis responds to your March 25, 2016, email requesting clarification on the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) and the International Civil Aviation\nOrganization Technical Instructions for the Safe Transport of Dangerous Goods by Air\n(ICAO Technical Instructions) applicable to various scenarios involving accepting and\ninspecting hazardous materials shipments for transport by aircraft. Specifically, you ask\nwhether an aircraft operator (operator) may contract with a freight forwarder to complete the\nacceptance checks required by the ICAO Technical Instructions and what level of training\nwould be required for acceptance personnel.\nThe functions of inspecting shipments and completing the acceptance check may be carried\nout by a third party acting on behalf of the air operator. The HMR in § 175.30 require an\noperator inspect each package, outside container, or overpack immediately before placing it\nonboard an aircraft, or in a unit load device, or on a pallet prior to loading aboard the aircraft.\nThe ICAO Technical Instructions in Part 7; Chapter 1, section 1.3 require the operator verify\nby use of a checklist that each hazardous materials shipment complies with the applicable\nrequirements including documentation, quantity limits, package markings, hazard warning\nlabels and package integrity. As noted in U.S. State Variations 1 and 13 to the ICAO\nTechnical Instructions, Part 175 of the HMR applies to all operators transporting hazardous\nmaterials in commerce to, from, or within the U.S. Therefore, even operators and freight\nforwarders accepting hazardous materials in accordance with the ICAO Technical Instructions\n(or corresponding International Air Transport Association Dangerous Goods Regulations)\nmust also adhere to acceptance requirements in the HMR.\nPlease also note that individuals inspecting packages, outside containers, or overpacks are\nconsidered hazmat employees and are subject to the training requirements in part 172, subpart\nH. The training must include general awareness, function-specific, safety, and security\nawareness training as specified in § 172.704(a) of the HMR. An individual operator may also\nrequire function specific training in accordance with their Federal Aviation Administration\n(FAA) approved training program.\n\n<<<PAGE 2>>>\n\npt wa appropral wa greements berween the entities to memorialize this\nrelationship; and in accordance with those portions of the operator's FAA-accepted\noperations manual and training program; and\n4) The § 175.30(b) inspection is performed at the same time as the § 175.30(a)\nacceptance check, unless otherwise specified.\nScenario 1: Freight is consigned to a freight forwarder at the airport where both the operator\nand freight forwarder are located. The freight forwarder receives the freight at their facility,\nperforms the acceptance check in accordance with § 175.30(a) and then transports it directly\nto the operator at that same airport.\nUnder the inspection requirement in § 175.30(b), the freight must be immediately either\nplaced aboard an aircraft, or placed in a unit load device (ULD) or on a pallet prior to loading\naboard the aircraft following inspection of the package, outside container, or overpack. In this\nscenario, provided the freight forwarder conducts the § 175.30(b) inspection and immediately\nplaces the freight in a ULD or on a pallet at the airport (and the loaded ULD or pallet\nconfiguration remains unchanged), this scenario would comply with § 175.30 (acceptance and\ninspection). Otherwise, an additional § 175.30(b) inspection of the elements in § 175.30(c)\nwould be required immediately prior to loading (either into the aircraft, ULD, or on the\npallet).\nScenario 2: Freight is consigned to a freight forwarder. The freight forwarder takes the\nfreight to their dock, ensures the packages) have the appropriate marks and labels and the\npackage, outside container, or overpack has no holes, leakage or other indication that its\nintegrity has been compromised. The freight forwarder then delivers the shipment to the\noperator and the operator completes the acceptance check at their facility.\nThe distinction between this scenario and the first scenario is that in this scenario the\n175.30(a) acceptance check is performed later in the process, i.e.. at the airport after the\n175.30(b) inspection was performed.\nAs with the response to scenario 1, the suitability of the acceptance check completed by the\nfreight forwarder would depend on whether the freight was placed in a ULD or on pallet prior\nto delivery to the operator. If the hazardous material was not in the ULD or on the pallet that\nwill be loaded onto the aircraft, then the operator would be required to conduct the\n§ 175.30(b) inspection.\nScenario 3: The freight is sent (by means other than air transportation) directly to the aircraft\noperator and terminated. The freight forwarder has one of their trained employees complete\nthe acceptance check at the operator facility.\n\n<<<PAGE 3>>>\n\naesunation.\nThe acceptance check required in Part 7; Chapter 1, Section 1.3 is only required to be\ncompleted when the shipment is first accepted for carriage by the operator. In accordance\nwith § 175.30(b), the operator must ensure that inspections conducted prior to loading on any\nsubsequent aircraft used as part of the same journey are performed and in compliance with the\nHMR. A third party acting on behalf of the operator may complete the inspections. Also,\nnote that the ICAO Technical Instructions and the HMR both require operators to confirm on\neach notification to pilot-in-command that no damaged or leaking packages were placed\naboard the aircraft (see § 175.33(c)).\nFinally, you ask (for any of the scenarios) whether \"CAT 3 training\" is sufficient for persons\nwho only perform the acceptance check.\nUnder the ICAO Technical Instructions and the HMR, persons performing the acceptance\ncheck would require training in acceptance, which in Table 1-4 of the ICĂO Technical\nInstructions, is considered category 6. Category 6 is the only category to require training in\nacceptance procedures. Moreover, freight forwarder (or other third party) employees acting\non behalf of Part 121 or Part 135 operators must have function specific training in accordance\nwith the operator's FAA approved training program.\nI hope this answers your inquiry. If you need additional assistance, please contact the\nStandards and Rulemaking Division at (202) 366-8553.\nSincerely,\nDuane A. Pfund\nInternational Standards Coordinator\nStandards and Rulemaking Division\n\n<<<PAGE 4>>>\n\nThanks,\nCharles\nFrom: Angel.Collaku@faa.gov [mailto:Angel.Collaku@faa.gov]\nSent: Tuesday, April 19, 2016 12:26 PM\nTo: Foster, Glenn (PHMSA)\nCc: Kenneth. Miller@faa.gov; Betts, Charles (PHMSA)\nSubject: FW: Acceptance Checklist for DG\nGlenn,\nThe attached email was submitted to us by DHL Global Forwarding. We believe that it needs to be forwarded to PHMSA\nfor response, as it seeks interpretation of the HMR. Please let us know the \"Interpretation No.\" so that we can forward\nthat to the requester. Also, please let me know who at PHMSA they can contact with any questions. As with other\ninterpretations involving the air mode, please forward a draft response for our review. We also stand ready to discuss\nthe issue prior to anyone beginning drafting of a response. Please let us know.\nThanks.\nAngel\nFrom: Dolly Welk (DHL US) [mailto:Dolly.Welk@dhl.com]\nSent: Tuesday, April 19, 2016 11:51 AM\nTo: Miller, Kenneth (FAA)\nSubject: RE: Acceptance Checklist for DG\nKen, Just wanted you to know that I have not received a response to my email below yet. Can you check and\nadvise? Thanks.\nBest Regards,\nDolly Welk\nUS Dangerous Goods Compliance Specialist\nUS Dangerous Goods Department\nDHL Global Forwarding\n1905 Raymond Ave. S.W.\nRenton, WA 98057\nDirect Phone: +1 425 572-3064\nFax:\n+1 425 572-3090\n\n<<<PAGE 5>>>\n\nThank you for the email. As mentioned over the phone, I'll circulate your questions within my office. Please feel free to follow-up with\nme if you don't hear anything in the next week\nBest regards,\nKen Miller\nFederal Aviation Administration\nOffice of Hazardous Materials Safety\nHazardous Materials Safety Specialist\nOffice: (202) 267-9460\nFrom: Dolly Welk (DHL US) [mailto:Dolly.Welk@dhl.com]\nSent: Friday, March 25, 2016 1:46 PM\nTo: Miller, Kenneth (FAA)\nSubject: Acceptance Checklist for DG\nKen, Thanks for calling me yesterday. Below is what / was inquiring about.\nWe are looking into the possibility of a forwarder contracting with a cargo airline to do the final Acceptance Checklist\njust for certain forwarder's customers.\nIs it possible for a forwarder to have a contract with an airline in regards to doing the Acceptance Checklist before a\nspecific customer's DG freight is loaded onto the plane? The forwarder employees have the IATA Cat 3 training which\ncovers everything except the Cat 6 training for storage, loading and pilot notification which would be done by the airline\nand not the forwarder.\nThe Cat 3 does not require the \"Acceptance Procedures\" but the forwarder employees are already trained in\nacceptance procedures and use the same Acceptance Checklist that the airlines use before tendering freight to any\nairline.\nThis would be for a Cargo only airline and the situation would be:\n#1 Freight from US cities would be consigned to the forwarder at the airport where both the airline and forwarder are\nlocated. The forwarder would receive the freight at their own facility and perform the final Acceptance Checklist there\nand then transport it directly\nto the airline in that same city;\n#2 - If # 1 is not feasible, then freight would still be consigned to the forwarder, they would take to their dock, make\nsure package/s are checked for DG marks, labels and damage and then deliver to the airline and do the final Acceptance\nchecklist at the airline facility;\n# 3 - The freight would be sent directly to the airline and terminated and the forwarder would have one of their DG\ntrained employees do the Acceptance Checklist at the airline facility or\n\n<<<PAGE 6>>>\n\nDolly Welk\nUS Dangerous Goods Compliance Specialist\nUS Dangerous Goods Department\nDHL Global Forwarding\n1905 Raymond Ave. S.W.\nRenton, WA 98057\nDirect Phone: +1 425 572-3064\nFax:\n+1 425 572-3090\ndolly.welk@dhl.com\nwww.dhl-dgf.com\nAll business transactions are based on DHL Global Forwarding terms and conditions, available upon request.\n3","truncated":false,"body_characters":10539}