{"operation":"document","citation":"07-0200","title":"Republic Airways Holdings, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2008-02-28","effective_on":null,"summary":"07-0200 response to Republic Airways Holdings, Inc. concerning 175.10.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-07-0200.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-07-0200.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-07-0200","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2007/070200.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, D.C. 20590\nMr. Tom Ausbury\nDirector of Station Training\nRepublic Airways Holdings, Inc.\n8909 Purdue Road\nSuite 300\nIndianapolis, Indiana 46268\nRef. No. 07-0200\nDear Mr. Ausbury :\nThis responds to your October 12,2007 letter requesting clarification on transporting dry ice\nunder the Hazardous Materials Regulations (HMR; 49 CFR Parts 17 1 - 1 80). Specifically,\nyou ask if a package containing dry ice in carry-on baggage must be marked as required in\n§175,10(a)(10) if it is transferred for transportation in checked baggage.\nThe answer is yes. When a carry-on bag containing dry ice cannot fit in the cabin and will\nthen be placed in the cargo compartment of an aircraft, it is now considered checked\nbaggage. For checked baggage, the package containing dry ice must be marked with \"Dry\nIce\" or \"Carbon dioxide, solid\" and the net weight of the dry ice or an indication the net\nweight is 2.3 kg (5 pounds) or less.\nI hope this answers your inquiry.\nSincerely,\nDirector\nOEce of Hazardous Materials Standards\n\n<<<PAGE 2>>>\n\nS G e Page 1 of 2\nDrakeford, Carolyn <PHMSA>\nFrom: Gale, John <PHMSA>\nSent: Monday, October 15, 2007 9:02 AM\nTo: Drakeford, Carolyn <PHMSA>\nSubject: FW:\nCarolyn:\nJohn\nPlease assign to Debbie for response. Debbie please see me on this, I would lie to move this ASAP.\nFrom: Ausbury, Tom [mailto:TAusbury@Rjet.com]\nSent: Friday, October 12, 2007 6:49 AM\nTo: Gale, John <PHMSA>\nCc: Martiney, John\nSubject:\nGood Afternoon John,\nTo introduce myself, I am the Director in charge of customer service training over our three\noperating certificates (Chautauqua Airlines, Shuttle America and Republic Airlines). John Carter\nand I spoke this afternoon and he referred me to you for clarification of dry ice in carry-on /\nplane-side loaded baggage as stated in 49 CFR 175.10 (a) (10) .\n10) Dry ice (carbon dioxide, solid), in quantities not exceeding 2.0 kg (4.4 pounds) per person in carry-on baggage or 2.3 kg (5\npounds) per person in checked baggage, when used to refrigerate perishables. The packaging must permit the release of\ncarbon dioxide gas. For checked baggage, the package must be marked \"DRY ICE\" or \"CARBON DIOXIDE, SOLID\" and must\nbe marked with the net weight of dry ice or an indication the net weight is 2.3 kg (5 pounds) or less.\nThis all started several months back as we combined our dangerous goods training with our\ncode share partners (United, American, Delta, US Airways and Continental) to streamline\ntraining differences with our partners. I've been working with Randy Drymiller from the Great\nLakes Region, he has been very helpfl~l during this entire process and has provided invaluable\ntime and guidance to me through the past months.\nDuring our conversations and reviewing of training material, it was determined when a carry\non / plane -side loaded bag was placed in the cargo compartment, it would then become\n\"checked baggage\" as 49 CFR 175.10 (a) (10) states, it has to be labeled. Mr. Drymiller has\nspoken to his superiors and was given this direction to pass onto us. With this change, we are\nthe only carriers (our three certificates) that have been directed to meet this standard, I n\nmeetings with our code share partners and other regional carriers, they have not had this\nrequirement sent to them from their Dangerous Goods Inspectors. To meet the direction we\nwere given, we started to change our training material to reflect labeling a carry on bag if a\npassenger declares there is dry ice in the bag, the bag cannot fit in the cabin and will be\nloaded into the cargo bin.\n\n<<<PAGE 3>>>\n\nPage 2 of 2\nThis has met a lot of resistance with our partners and has prompted me to inquire about an\ninterpretation of the rule. We are receiving conflicting information that it's not required to tag\ncarry on / plane-side loaded bags this way.\nWorking wi'th our partners, we have limited amount of time to clarify this requirement. We are\nfinalizing web based training material over the next few weeks and have reached a point to\nwhere as a carrier, what we do. We can accept the decision to train this (and will do so) but\nwe feel like were being singled out on this matter. It's not fair in our eyes to be held to a\nhigher standard than other carriers that operate as regional feed for mainline partners. We\nonly ask if the requirement is to do it, then all carriers should be held to the same\nexpectations.\nThank you for your time to review this request, at your convenience we look forward to your\ninterpretation and direction of this CFR.\nBest Regards,\nTom Ausbury\nDirector of Station Training\nRepublic Airways Holdings, Inc\ntausS>uryOiett_c.o~ _csQai.n1.n&!riet,con!\n317-471-2282 317-710-1931(cell)\n317-484-4584 (fax)","truncated":false,"body_characters":4811}