Spirit Airlines — Hazardous Materials Safety Interpretation

Page 1.S. Departmer Transportatio 400 Seventh St., S.W. Research and Washington, D.C. 20590 Spini rations, AUG 14 2003 Mr. Joseph Adanuncio Spirit Airlines Ref. No. 03-0178 11209 Lakeview Drive Coral Springs, FL 33071 Dear Mr. Adanuncio: This is in response to your letter dated July 18, 2003 concerning the exceptions for Carbon dioxide, solid or dry ice found in Part 175 of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171- 180). Specifically, you ask if § 175.10(a)(13)(i) and (iii) allows for the carriage of 2.3 kg of dry ice in checked baggage and 2.0 kg in carry-on baggage per passenger, respectively. The answer is yes. The wording of § 175.10(a)(13)(i), (ii), and (il) indicates that the individual exceptions may be taken in conjunction with one another. Therefore, if passengers fulfill the applicable requirements, they may transport 2.3 kg (5.07 pounds) of dry ice per package in checked baggage under § 175.10(a)(13)(i) and 2 kg (4.4 pounds) per passenger in carry-on baggage under § 175.10(a) (13)(iii). I hope this satisfies your request. Sincerely, Susan Gorsky Senior Transportation Regulations Specialist Office of Hazardous Materials Standards 175.10 030178 A 238#

Page 2... INFOCNTR From: To: Sent: Friday, July 18, 2003 12:11 PM Joseph Adanuncio [JosephA@SpiritAir.com] Supko Subject: Cc: INFOCNTR 49 CFR 175.10 Exceptions Robert Rusello $175. 10(13) Air regulation In reference to 49 CFR 175.10 (13) for Carbon dioxide solid the 83-0178 states; (13) Carbon dioxide, solid (dry ice) when: In quantities not exceeding 2.3 kg (5.07 pounds) per package packed the prescribed by $173.217 of this subchapter and usedvas a, refrigerant for contents contents being cooled, the net weight of the dry ice or an indication of the package. The package must be marked with the name of the that Dioxide, Solid'• the net weight is 2.3 kg (5.07 3, Dry Ice? pounds) or less, and also mazked "'Carbon (ii) Intended for use in food and beverage service aboard aircraft; or used (ii1i) In quantities not exceeding 2 kg (4.4 pounds) per passenger when release of carbon dioxide gas. to pack perishables in carry-on baggage provided the package permits the My question concern (i) and (iii) for passengers bring dry ice on board Can a passenger bring on board the aircraft the maximum amount allowed under (i) 2.3 Kg for checked baggage AND under (iii) 2.0 Kg for carry on, for exception (1) 2.3 Kg total of 4.3 Kg per passenger, or only the maximum stated in either Note in the ICAO Technical Instructions the maximum or (iii)2.0 Kg but not in both. allowed is 2 Kg We would like clarification of this exception on the, maximum Carbon in both carry-on and checked baggage. solid allowed, until then we are only, allowing either 2.3 Kg as checked 2.0 Kg as carry-on not both and not combined. Thank you Joseph Adanuncio 11209 Lakeview Spirit Airlines Drive vinr...ian. Coral Springs, Phone: 954-628-4808 EL 33071 Fax: 954-447-8032 :.: ....#