{"operation":"document","citation":"09-0207","title":"USA 3000 Airlines — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2010-02-16","effective_on":null,"summary":"09-0207 response to USA 3000 Airlines concerning 175.8.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0207.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0207.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0207","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2009/090207.pdf","body":"<<<PAGE 1>>>\n\nU.S. Deportment of Transportation 1200 New Jersey Ave. SE\nWashington. D.C. 20590\nPipeline and Hazardous Materials\nSafety Administration\nFEB 1 6 2010\nMr. William J. Hoffmann\nNewtown Square, PA 19073\nUSA 3000 Airlines\n335 Bishop Hollow Road, Suite 100\nRef. No.: 09-0207\nDear Mr. Hoffmann:\nThis responds to your letter dated September 3, 2009, regarding the applicability ofthe\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to the transportation ofalcohol\nas company material (COMAT) by aircraft. You state that your airline sells 50 mL (mini)\nbottles of alcohol to passengers during flights. Specifically, you ask if your airline may\ntransport this alcohol in the cargo holds ofthe aircraft as COMAT in accordance with § 175.8 to\nrestock inventory at various locations.\nThe answer is no. Section § 175.8 provides certain exceptions for aircraft operator equipment\nand items ofreplacement for air worthiness requirements and operating regulations. Alcoholic\nbeverages carried aboard passenger-carrying aircraft by the operator intended for use or sale on\nthe aircraft in which the product is intended to be used or sold are specifically excepted from the\nrequirements ofthe HMR (see § I 75.8(b)(3»).\nI hope this answers your inquiry.\nSin:r~~\nCharles E. Betts\nhief, Standards Development\nOffice of Hazardous Materials Standards\n\n<<<PAGE 2>>>\n\n~USA3000®\nA R L NBS ~ t;he Vl JaM. fa\n€:, 11 ~. 8\n~ 11 5. I ()\nAivDq-D~O'1\nSeptember 3, 2009\nU.S. DOT\nPHMSA Office of Hazardous Materials Standards\nATTI'-T: PHH-lO\nEast Building\n1200 New Jersey Avenue, SE.\nWashington, DC 20590-0001\nTo Whom It May Concern:\nI am the Director of Quality Control for Brendan Airways, LLC d/b/a USA 3000 Airlines, a 14 CFR 121\nair carrier. We are seeking an interpretation for the carriage of alcohol in accordance with § 175.8 as\nCOMAT. § 175.10 allows passengers and crewmembers the carriage ofalcohol of 5 liters, either in\ncarry on or checked baggage for alcohol containing 24% to 70% alcohol by volume. As an airline that\nsells 50ml (mini) bottles to our passengers we require to keep stock ofthese minis at various stations.\nOur question is, ifwe need to move some stock ofalcohol from one station to another and a case of a\nparticular alcohol does not exceed 5 liters and is not more than 70% alcohol by volume, can we ship\nthese boxes in our cargo holds as COMAT. Please keep in mind that the rule says a passenger can check\nin 5 liters per person as checked bags. Our aircraft hold 168 passengers and they could check in up to 5\nliters in our cargo holds in accordance with the regulations. Our feeling is that if \"passengers\" can carry\nthis amount, why could we as an \"Air Carrier\" not carry alcohol in the same manner as COMAT.\nYour interpretation ofthis rule would be greatly appreciated. My address and telephone may be found at\nthe bottom of this letter.\nYO~ilf--\n~am 1. Hoffinan\nDirector of Quality Control\nUSA 3000 Airlines.\n335 Bishop Hollow Road, Suite 100. Newtown Square, PA 19073\nPhone 610-325-1286. Fax 610-325-1285","truncated":false,"body_characters":3033}