Air General, Inc. — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration January 18, 2022 Charles A. White Air General, Inc. 403 The Hill Portsmouth, NH 03801 Reference No. 21-0071 Dear Mr. White: This letter is in response to your July 2, 2021, letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to UN specification markings for non-bulk packagings when transported by air. In your letter, you provide a photograph of a UN 4G fiberboard box with three UN specification markings—differing only in the marked maximum gross mass (in kilograms). You ask how an air carrier is supposed to determine which maximum gross mass is applicable when evaluating whether a shipment is offered within its specified gross weight limits. A UN specification marking indicates that a packaging is manufactured to a UN specification standard as prescribed in part 178 of the HMR and should not be solely used to determine the specified gross weight limits of a material; instead, information provided on the shipping paper should aid in the determination. For transportation by aircraft, § 172.202(a)(6) requires the total net mass of the hazardous material per package to be indicated on the shipping paper—unless a gross mass is indicated in Columns (9A) or (9B) of the § 172.101 Hazardous Materials Table, in which case the total gross mass per package must be indicated. Multiple specification markings are not prohibited on a packaging, such as a UN 4G box tested and rated for multiple gross masses (See §178.3(c)). This Office recommends that non- applicable standard markings be covered, removed, or obliterated when practical, in order to avoid the potential frustration of a shipment by carrier or enforcement personnel. I hope this information is helpful. Please contact us if we can be of further assistance. Sincerely, 1200 New Jersey Avenue, SE Washington, DC 20590 Dirk Der Kinderen Chief, Standards Development Branch Standards and Rulemaking Division#

Page 2Cardez 21-0071 From: INFOCNTR (PHMSA) To: Dodd, Alice (PHMSA) Cc: Hazmat Interps Subject: FW: Interpretation Ruling request letter Date: Tuesday, July 6, 2021 3:41:37 PM Attachments: PHMSA Ruling request letter 02072021.pdf RE Interpretation Letters.msg Hello Alice, Please see the attached LOI request as well as the e-mail from Donald Burger for additional information. Do not hesitate to reach out should you need anything from us. Regards, -Breanna From: Charles White <charles.white@airgeneral.com> Sent: Friday, July 2, 2021 2:55 PM To: INFOCNTR (PHMSA) <INFOCNTR.INFOCNTR@dot.gov> Cc: Jeff Lyter <dssc@airgeneral.com>; Thomas Clark <Thomas.Clark@airgeneral.com> Subject: Interpretation Ruling request letter CAUTION: This email originated from outside of the Department of Transportation (DOT). Do not click on links or open attachments unless you recognize the sender and know the content is safe. Good Afternoon Sir(s)/Madam(s), I have attached my formal letter of request for ruling in the matter of the use of multi-spec package marks. Thank You in advance for your consideration in the matter. Best regards, Charles A White Charles White 403 The Hill Manager DG and Environmental Compliance Portsmouth, NH 03801 Mobile: 704-226-2570 Email: Charles.White@airgeneral.com Air General, Inc. www.airgeneral.com "Delivering Cargo Peace of Mind"#

Page 3Date 2 July 2021 PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION U.S. DEPARTMENT OF TRANSPORTATION 1200 NEW JERSEY AVENUE, SE WASHINGTON, DC 20590 Dear Sir(s)/Madam(s), I am writing this letter to gain further guidance and clarification, with the use of multi-spec UN spec packaging, for shipping of hazardous materials via aircraft, to, from, and through the United States of America. See the photo below of the multi-spec package marking, which when tendered to the airline, neither shipper nor freight forwarder indicated which applicable specification gross weight limit was applicable to this shipment. Upon acceptance on behalf of the operator, when we use our acceptance checklist and are evaluating the question as to whether the shipment is within the specified gross weight limits, we are now questioning which weight is applicable when all specifications have the same packing group assignment. Address | City, St Zip Code#

Page 4"I THEE CONTAINER SHOWS SIONS OF LOSE OR DAMAGE OPEN AT ONCE. NOTICE TO CONDONIE* INSPECT CONTENES AND HAVE CARSIER NOTE SATEUX ON DAMAGE ON ALL DELIVERY NICEITEN" "CONSIGREE MIST REPORT AND REGGEST POPECTION FROM THE "VOC ARE RESPONUBLE FOR IMMEDIATE ACTION* ONETALAD LOSS OR DAMNCE CONSICKEE MIST FILE CLAIM FOR LOS DELIYERINO CARRIER WITNES IN DAYS AFTER DELIVERT, ALL OR SAMACE WITH CELIFSING CARRIE • AV-C-16813-DG 1SAV305536 1SX25536 4S/X/15536 2#

Page 5After consulting with one of your agents, Don Burger provided an opinion that the shipper should provide the operator with the indication of which spec marking was applicable. After requesting this from the shipper, this has sparked a spirited debate that only regulators can offer official ruling. (Pictured below) Thank you for the opportunity to share a perspective aimed at ensuring the safe transport of hazardous goods via aircraft. 3#

Page 6SINCERELY, CHARLES A. WHITE Charles White 403 The Hill Mobile: 704-226-2570 Manager DG and Environmental Compliance Portsmouth, NH 03801 Email: Charles.White@airgeneral.com Air General, Inc. www.airgeneral.com "Delivering Cargo Peace of Mind" 4#

Page 7From: Burger, Donald (PHMSA) To: Cc: Date: Raynor, T"Mia (PHMSA); INFOCNTR (PHMSA) Kelley, Shane (PHMSA); Nickels, Matthew (PHMSA); DerKinderen, Dirk (PHMSA); Foster, Glenn (PHMSA) Subject: RE: Interpretation Letters Tuesday, July 6, 2021 8:42:12 AM Attachments: RE Multi-Spec packaging.msg image.png This has now gone in a full circle and come back to us (see the attached email). If Mr. White, would like a written interpretation beyond what was provided he will need to write in and request it from us. Don Burger (he/him/his) Chief, General Approvals and Permits Branch Office of Hazardous Materials Safety US Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Ave., Washington D.C., 20590 Office: 202-366-4535 ◊ Mobile: 202-280-9908 From: Raynor, T'Mia (PHMSA) <t'mia.vines@dot.gov> Sent: Friday, July 2, 2021 1:04 PM To: INFOCNTR (PHMSA) <INFOCNTR.INFOCNTR@dot.gov>; Burger, Donald (PHMSA) <donald.burger@dot.gov> Subject: Fwd: Interpretation Letters T’Mia Raynor Webmaster, Office of the PHMSA CIO US Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Ave. SE, Washington, D.C., 20590 Office: 202.366.9818 ◊ Mobile: 202.580.9447 From: Charles White <charles.white@airgeneral.com> Sent: Friday, July 2, 2021 11:59:27 AM To: PHMSA Website Manager <PHMSAWebsiteManager@dot.gov> Subject: Interpretation Letters CAUTION: This email originated from outside of the Department of Transportation (DOT). Do not click on links or open attachments unless you recognize the sender and know the content is safe. Good morning, I recently received an opinion from a PHMSA agent and would like to get a determination in a formal interpretation. See a snippet of the conversation attached. Can you advise who I should address my#

Page 8letter to and whether this is the correct email address to use for the formal interpretation letter? Best Regards, Charles A White Charles White 403 The Hill Manager DG and Environmental Compliance Portsmouth, NH 03801 Mobile: 704-226-2570 Email: Charles.White@airgeneral.com Air General, Inc. www.airgeneral.com "Delivering Cargo Peace of Mind"#

Page 9From: Burger, Donald (PHMSA) To: Hallmark, Brad (TSI) Cc: Nicks, Michael (PHMSA); Kelley, Shane (PHMSA) Subject: RE: Multi-Spec packaging Date: Thursday, June 17, 2021 7:46:00 AM Attachments: image005.jpg image006.jpg Brad, Sorry to take a while to you on this question. If there are multiple marks on the packaging, then when the package is placed into transportation, there should be an indication from the shipper to the carrier which marking is applicable for the particular shipment. I hope this is helpful. Don Burger (he/him/his) Chief, General Approvals and Permits Branch Office of Hazardous Materials Safety US Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Ave., Washington D.C., 20590 Office: 202-366-4535 ◊ Mobile: 202-280-9908 From: Hallmark, Brad (TSI) <Brad.Hallmark@dot.gov> Sent: Wednesday, June 16, 2021 4:28 PM To: Kelley, Shane (PHMSA) <shane.kelley@dot.gov>; Burger, Donald (PHMSA) <donald.burger@dot.gov> Subject: RE: Multi-Spec packaging Thanks Shane, Don. I appreciate any information you can share. Brad Bradley H. Hallmark /CHMM Program Manager U.S. Department of Transportation Transportation Safety Institute https://www.transportation.gov/transportation-safety-institute Office: 405-954-4554 Cell: 405-795-6495 brad.hallmark@dot.gov#

Page 10From: Kelley, Shane (PHMSA) Sent: Sunday, June 13, 2021 5:46 AM To: Burger, Donald (PHMSA) <donald.burger@dot.gov> Cc: Hallmark, Brad (TSI) <Brad.Hallmark@dot.gov> Subject: Fwd: Multi-Spec packaging Don - Can someone on your team help? Shane From: Hallmark, Brad (TSI) <Brad.Hallmark@dot.gov> Sent: Saturday, June 12, 2021 11:58:42 AM To: Kelley, Shane (PHMSA) <shane.kelley@dot.gov> Subject: Fwd: Multi-Spec packaging Hi Shane, Would you have any information on the UN packaging codes in the pictures? Thanks, Brad Hallmark Get Outlook for iOS From: Gibbs, Wallace <Wallace.Gibbs@aa.com> Sent: Friday, June 11, 2021 1:47 PM To: Hallmark, Brad (TSI); White, Charles Subject: FW: Multi-Spec packaging CAUTION: This email originated from outside of the Department of Transportation (DOT). Do not click on links or open attachments unless you recognize the sender and know the content is safe. Brad,#

Page 11Have you ever seen a package like this? Charles White (copied in) asked me about this and I didn’t know how to answer it. How do you know which Spec Code to use to validate the shipment? Wallace Gibbs, Jr. Wallace Gibbs Safety Training Specialist 1 Skyview Drive MD 8B101 Cube: 8B.1W.132D Fort Worth, TX 76155 817-705-9004-Cell 682-278-4422-Office 682-275-9136 Fax From: Charles White <charles.white@airgeneral.com> Sent: Tuesday, June 8, 2021 11:05 AM To: Gibbs, Wallace <Wallace.Gibbs@aa.com> Subject: Multi-Spec packaging Hi Wallace, in TX. Here are a couple of different packages that I have recently encountered in a couple of our stations I have also provided test data for one of these packages. Also, Question 9 of pg 54 in the participant manual, UN2246 cannot be shipped in single packaging under packaging instruction 353. Regards, Charles A White Charles White 403 The Hill Manager DG and Environmental Compliance Portsmouth, NH 03801 Mobile: 704-226-2570 Email: Charles.White@airgeneral.com Air General, Inc. www.airgeneral.com "Delivering Cargo Peace of Mind"#