USA 3000 Airlines — Hazardous Materials Safety Interpretation

Page 1U.S. Deportment of Transportation 1200 New Jersey Ave. SE Washington. D.C. 20590 Pipeline and Hazardous Materials Safety Administration FEB 1 6 2010 Mr. William J. Hoffmann Newtown Square, PA 19073 USA 3000 Airlines 335 Bishop Hollow Road, Suite 100 Ref. No.: 09-0207 Dear Mr. Hoffmann: This responds to your letter dated September 3, 2009, regarding the applicability ofthe Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to the transportation ofalcohol as company material (COMAT) by aircraft. You state that your airline sells 50 mL (mini) bottles of alcohol to passengers during flights. Specifically, you ask if your airline may transport this alcohol in the cargo holds ofthe aircraft as COMAT in accordance with § 175.8 to restock inventory at various locations. The answer is no. Section § 175.8 provides certain exceptions for aircraft operator equipment and items ofreplacement for air worthiness requirements and operating regulations. Alcoholic beverages carried aboard passenger-carrying aircraft by the operator intended for use or sale on the aircraft in which the product is intended to be used or sold are specifically excepted from the requirements ofthe HMR (see § I 75.8(b)(3»). I hope this answers your inquiry. Sin:r~~ Charles E. Betts hief, Standards Development Office of Hazardous Materials Standards#

Page 2~USA3000® A R L NBS ~ t;he Vl JaM. fa €:, 11 ~. 8 ~ 11 5. I () AivDq-D~O'1 September 3, 2009 U.S. DOT PHMSA Office of Hazardous Materials Standards ATTI'-T: PHH-lO East Building 1200 New Jersey Avenue, SE. Washington, DC 20590-0001 To Whom It May Concern: I am the Director of Quality Control for Brendan Airways, LLC d/b/a USA 3000 Airlines, a 14 CFR 121 air carrier. We are seeking an interpretation for the carriage of alcohol in accordance with § 175.8 as COMAT. § 175.10 allows passengers and crewmembers the carriage ofalcohol of 5 liters, either in carry on or checked baggage for alcohol containing 24% to 70% alcohol by volume. As an airline that sells 50ml (mini) bottles to our passengers we require to keep stock ofthese minis at various stations. Our question is, ifwe need to move some stock ofalcohol from one station to another and a case of a particular alcohol does not exceed 5 liters and is not more than 70% alcohol by volume, can we ship these boxes in our cargo holds as COMAT. Please keep in mind that the rule says a passenger can check in 5 liters per person as checked bags. Our aircraft hold 168 passengers and they could check in up to 5 liters in our cargo holds in accordance with the regulations. Our feeling is that if "passengers" can carry this amount, why could we as an "Air Carrier" not carry alcohol in the same manner as COMAT. Your interpretation ofthis rule would be greatly appreciated. My address and telephone may be found at the bottom of this letter. YO~ilf-- ~am 1. Hoffinan Director of Quality Control USA 3000 Airlines. 335 Bishop Hollow Road, Suite 100. Newtown Square, PA 19073 Phone 610-325-1286. Fax 610-325-1285#