PHMSA Response Letter

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Jul 21, 2005

Mr. Michael J. Revis                      Reference No. 05-0106
Owner/Operations Support Group, Inc.
P.O. Box 58764
Tukwila, WA 98138

Dear Mr. Revis:

This is in further response and correction to our earlier letter (Reference No.: 05-0106 dated May 6, 2005) concerning the quantity limitations for hazardous materials aboard aircraft in § 175.75 of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). You offer "Cartridges, small arms, 1.4S, UN 0012" for international air transportation. The shipment is prepared in accordance with the International Civil Aviation Organization's (ICAO) Technical Instructions. You state that the net quantity per package is below the 25 kg net as required by the ICAO Technical Instructions, but the gross weight of each package is above 30 kg. You ask if you can take advantage of the quantity limitation exception for ORM-.D materials in § 175.75(b) when transporting "Cartridges, small arms, 1.4S, UN 0012" under ICAO.

The answer is no if, as you state, the gross weight of each package exceeds 30 kg. United States variation 13 of the ICAO Technical Instructions provides for ORM-l) materials, as defined in § 173.144, to be carried aboard passenger aircraft without regard to the quantity limitations specified in § 175.75 of the HMR. It does not except ORM-l) packages from the maximum gross weight requirement of 30 kg (66 pounds).

You may take advantage of US variation 13 by reducing the maximum gross weight to 30 kg (66 pounds) or less per package and also marking each package "Cartridges, small arms, ORM-D-AIR" in accordance with § 172.316. Each ORM-D package containing "Cartridges, small arms" must meet the requirements in § 173.63 and 173.144.

Please contact me if I can be of further assistance.

Sincerely,

Hattie L. Mitchell
Chief, Regulatory Review and Reinvention
Office of Hazardous Materials Standards

175.75(b)