International Logistics Brown-Forman Corporation — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue, SE Washington, D.C. 20590 Ms. Christy Larimore Manager, International Logistics Brown-Forman Corporation 850 Dixie Highway Louisville, KY 402 10 Ref. No.: 08-02 12 Dear Ms. Larimore: This responds to your August 22,2008 request for clarification on the exception for alcoholic beverages in 9 173.150(d) of the Hazardous Materials Regulations (Hh4R; 49 CFR Parts 17 1 - 180). You reference a previous letter of interpretation Ref. No. 99-0049, dated March 29, 1999. Specifically, you ask if this exception applies to shipments of alcoholic beverages by aircraft. Section 173.150(d) excepts an alcoholic beverage from the HMR if it: (1) contains 24% or less alcohol by volume; (2) is in an inner packaging of 5 L (1.3 gallons) or less, and for transportation on passenger-carrying aircraft, it conforms to 9 175.10(a)(4) of the HMR as checked or carry-on baggage; and (3) is a Packing Group I11 alcoholic beverage in a packaging of 250 L (66 gallons) or less, unless transported by air. Alcoholic beverages carried by aircraft passengers or crewmembers are excepted from the HMR if the alcoholic beverages contain 24% or less alcohol by volume. Passengers or crewmembers may carry alcoholic beverages that contain more than 24% alcohol by volume and not more than 70% when in unopened retail packagings not exceeding 5 L (1.3 gallons) carried in carry-on or checked baggage; the total net quantity per person may not exceed 5 L (1.3 gallons) for such beverages. See 8 175.10(a)(4). I hope this answers your inquiry. Sincerely, Susan Gorsky Acting Chief, Standards Development Office of Hazardous Materials Standards#

Page 2Drakeford, Carolyn cPHMSA> From: Sent: To : Subiect: INFOCNTR <PHMSA> Friday, August 22, 2008 2:27 PM Drakeford, Carolyn <PHMSA> FW: Information Center Comments/Questions ----- Original Message----- From: Christy Larimoreeb-£.corn [mailto:Christy - Larimoreeb-£.corn] Sent: ~ednesda~, July 30, 2008 5:59 PM To: INFOCNTR <PHMSA> Subject: Information Center Comments/Questions Completed by RF 7/31/2008 at ll:59am (Left Voicemail) Below is the result of your feedback form. It was submitted by Christy Larimore (Christy-Larimoreeb-£.corn) on Wednesday, July 30, 2008 at 17:58:47. Name: Christy Larimore Category: Interpretations (Letters) issued by PHMSA Organization: Brown-Forman Street: 850 Dixie Highway City: Louisville State: Kentucky Zip Code: 40210 Phone: 502 774 7022 Comments: In reference to PHMSA Interpretation #99-0049 on 3/29/99, regarding alcoholic beverage shipments not subject to HMR, if shipped in an inner packaging of five liters or less would not be subject to shipping papers, marking, labeling, placarding or packaging requirements of the HMR. Does this also apply to the same alchoholic beverage shipments shipped via air on cargo or passenger planes under DOT regulations. IATA regulations are not restricted but I need the interpretation of the DOT regulations for air shipments. Thank you for your assistance. Best Regards, Christy Larimore Mgr.Internationa1 Logistics Brown-Forman Corporation#