Interpretation Response #14-0021
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
February 11, 2014
Mr. Hilmar Leng
Process and Dangerous Goods Manager
Lufthansa Cargo the Americas
3400 Peachtree Road N.E. Suite 1225
Atlanta, GA 30326
Ref. No.: 14-0021
Dear Mr. Leng:
This is in response to your letter dated January 14, 2014, requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) relating to the air transportation of hazardous material. You ask whether the HMR apply to aircraft transporting hazardous material and overflying U.S. airspace without landing in in U.S. jurisdiction. You further ask if the HMR apply if an aircraft transporting hazardous material lands in U.S. jurisdiction en-route to its final destination and the hazardous material remains onboard the aircraft.
In both instances, the HMR would apply. Section 171.1(c) provides that the requirements of the HMR apply to transportation of a hazardous material in commerce and to each person who transports a hazardous material in commerce. The definition of commerce in
§ 171.8 is trade or transportation in the jurisdiction of the United States. The jurisdiction of the United States includes the airspace.
However, § 171.22 authorizes, with certain conditions and limitations, the transportation of hazardous materials in commerce in accordance with the International Civil Aviation Organization's Technical Instructions for the Safe Transport of Dangerous Goods by Air (ICAO TI). The hazardous materials being transported must be subject to and in conformance with the ICAO TI, and must conform to all applicable requirements of subpart C of part 171 of the HMR.
I trust this information is helpful. If you have further questions, please do not hesitate to contact this office.
Duane A. Pfund
International Standards Coordinator
Standards and Rulemaking Division
|§ 171.22||Authorization and conditions for the use of international standards and regulations|