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Interpretation Response #15-0045

Below is the interpretation response detail and a list of regulations sections applicable to this response.

Interpretation Response Details

Response Publish Date: 05-26-2015
Company Name: Northern Air Cargo    Individual Name: Mr. Mark Smith
Location state: AK    Country: US

View the Interpretation Document

Response text:

May 26, 2015

Mr. Mark Smith
Hazardous Materials Instructor
Northern Air Cargo
3900 Old International Airport Rd.
Anchorage, AK 99502

Ref. No.: 15-0045

Dear Mr. Smith:

This is in response to your letter dated March 5, 2015 requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) regarding differences in packaging requirements between the HMR and the International Civil Aviation Organization Technical Instructions (ICAO TI).  In your letter you note that under the HMR,  the entries for “UN1789, Hydrochloric Acid, 8, II” and “UN1500, Sodium Nitrite, 5.1, III”  are assigned special provision(s) in Column (7) of the Hazardous Materials Table (HMT) prescribing specific packaging provisions not found for these same entries in the International Civil Aviation Organization Technical Instructions (ICAO TI).  You ask if the HMT, Column (7) special provisions apply to shipments offered in accordance with the ICAO TI.

Subpart C of Part 171, authorizes shipments made in conformance with various international standards, including the ICAO TI.  Section 171.22(b) provides that a material offered in accordance with an international standard must be offered for transportation or transported in conformance with the applicable standard or regulation and must conform to all applicable requirements of this subpart. However, as required by § 171.22(g)(5), export shipments prepared in accordance with the ICAO TI must comply with the general packaging requirements in §§173.24 and 173.24a. In accordance with § 173.24(c)(1), a packaging is authorized for a hazardous material only if the packaging conforms to applicable requirements in the special provisions of Column (7) of the §172.101 table.  

For other than export shipments, Subpart C does not require that HMT column (7) special provisions be applied to shipments made in accordance with the ICAO TI unless otherwise specified.  In addition, the materials described in your letter are not specifically indicated in Subpart C with the requirement to apply the particular special provision, therefore unless offered for export, the special provisions of Column (7) would not apply.

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(b), 171.22(g)(5), 173.24, 173.24a, 173.24(c)(1), 172.101

Regulation Sections

Section Subject
§ 172.101 Purpose and use of hazardous materials table