DGM Consulting Resources — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Ave, S.E. Washington. D.C. 20590 JUL 1 o 2 ~ c 9 Mr. Jim Shinko DGM Consulting Resources 390 Hwy 29 N Newnan, GA 30263 Ref. No.: 09-0140 Dear Mr. Shinko: This responds to your letter dated June 9,2009 request for clarification on the exception for alcoholic beverages in 8 173.150(d) of the Hazardous Materials Regulations (HMR; 49 CFR Parts 17 1 - 1 80). Specifically, you ask if alcoholic beverages containing less than 70% alcohol by volume packaged in inner packagings containing less than 5 liters each are regulated when transported as cargo by aircraft. The answer is no. 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 5 175.10(a)(4) of the HMR as checked or carry-on baggage; and (3) is a Packing Group 111 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). Charles E. Betts Standards Division of Hazardous Materials Standards#

Page 2Experts on International Rules & Regulations for Training, Packing, Storage & Transport of Hazardous Goods DGM Consulting Resources June 9, 2009 Mr. Edward Mazzullo U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration East Building, 2nd Floor Mail Stop: E21-317 1200 New Jersey Ave., SE Washington, DC 20590 Dear Mr. Mazzullo: SUBJECT: Interpretation of 49CFR 173.150(d) We are in need of a clarification if alcoholic beverages containing less than 70% alcohol by volume prepared in inner packagings containing less than 5 liters are regulated in air transport as cargo. I n Chapter 3, Special Provisions, SP A9 of the ICAO Regulations it states such a shipment is not subject to the Instructions. Specifically it states; "Alcoholic beverages containing not more than 70 percent alcohol by volume, when packed in receptacles of 5 liters or less, are not subject to these Instructions when carried as cargo. " I n reviewing 49CFR 173.150(d) it is not clear whether the same exception applies. I n paragraph 173.150(d)(2) it states; Is in an inner packaging of 5L (1.3gallons) or less, and for transportation on passenger-carrying aircraft conforms to 175.10(a)(4) of this subchapter as checked or carry-on baggage. " Part 173 is General Requirements for Shipments and Packagings and 173.150 is exceptions for Class 3 materials, it is confusing that 173.150(d)(2) makes reference to baggage. I s the intent of this sub-paragraph to indicate alcoholic beverages with not more than 70% alcohol by volume prepared in inner packagings of 5 liters or less is not subject t o the subchapter as a cargo shipment? I f so, what is the purpose for reference to 175.10(a)(4)? Sincerely, Jim Shimko Manager DGM Consulting Resources ~ i m . ~ h i m k o b ~ ~ ~ ~ e s o u r c e s . c o m Cell: 404.323.8833 Office: 678.228.2235 8% **€ Strategic 390 Hwy 29 N, Newnan, GA 30263 IATA 1 Parinrr Office: 678.228.2235 Fax: 864.234.7521 Toll Free: 877.289.8588#