Lufthansa - The Americas — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation 1200 New Jersey Ave. SE Pipeline and Hazardous Materials FEB 4 2010 Washington. D.C. 20590 Safety Administration Mr. Hilmar Leng DGR Incident Manager Lufthansa - The Americas 3400 Peachtree Road N.E., Suite 1225 Atlanta, GA 30326 Ref. No. 09-0272 Dear Mr. Leng: This responds to your November 2, 2009 letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) regarding quantity limitations and cargo location for carriage by aircraft under § 175.75. Specifically, you request clarification of the requirements for Cargo Aircraft Only (CAD) packages loaded in Federal Aviation Administration (FAA) certified Class C cargo compartments. Your questions are answered and paraphrased as follows: Q1. Is there a quantity limitation for CAD packages loaded in an FAA certified Class C compartment of a cargo only aircraft? AI. No. In accordance with § 175.75(d), each package displaying a "Cargo Aircraft Only" label must be loaded on cargo aircraft in a manner that a crew member or other authorized person can access, handle and when size and weight permit, separate such packages from other cargo during flight; in a cargo compartment certified by FAA as a Class C aircraft cargo compartment as defined in 14 CFR 25.857(c); or in an FAA-certified freight container that has an approved fire or smoke detection system and fire suppression system equivalent to that required by the certification requirements for a Class C aircraft cargo compartment. A Class C cargo compartment is considered to be "accessible" for purposes ofthe "Cargo Only Aircraft" table in § 175.75(f). Thus, there is no quantity limitation for CAD packages transported on a cargo only aircraft and stowed in a Class C cargo compartment. Q2. If there is no quantity limitation for CAD packages, is there a quantity limitation for packages authorized as cargo aboard passenger aircraft that are loaded in an FAA-certified Class C compartment of a cargo only aircraft? Q2. Yes. As specified in the "Packages Authorized for Transport Onboard a Passenger Aircraft" section ofthe "Cargo Only Aircraft" table in § 175.75(f), packages authorized for transportation as cargo on a passenger aircraft that are loaded in an inaccessible manner in a Class C cargo compartment on a cargo only aircraft are subject to quantity limitations 25 kg per compartment plus an additional 75 kg of Division 2.2 material quantity limitations apply.#

Page 2Page 1 of2 DerKinderen, Dirk (PHMSA) From: Betts, Charles (PHMSA) Sent: Tuesday, February 02,20104:01 PM To: Leary, Kevin (PHMSA); Eichenlaub, Kurt (PHMSA); DerKinderen, Dirk (PHMSA); Nickels, Matthew (PHMSA) Cc: Gorsky, Susan (PHMSA); Mitchell, Hattie (PHMSA) Subject: FW: Interpretation letters concurrence Importance: High Attachments: 09-0249.doc; 09-0299.doc; 09-0207.doc FYI LET'S FINALIZE THESE LETTERS FOR ISSUANCE! Thanks, Charles From: Ledina.Gianfrate@faa.gov [mailto:Ledina.Gianfrate@faa.gov] Sent: Tuesday, February 02, 2010 3:45 PM To: Betts, Charles (PHMSA) Subject: Re: Interpretation letters concurrence Hi Charles, Both Janet and I agree with the changes you guys made. Thanks! ledina Ledina Gianfrate International and Outreach Division Office of Hazardous Materials Federal Aviation Administration T -202.385.4921 Email- Ledina.Gianfrate@faa.gov <charles.betts@dot.gov> 01/27/2010 01:27 PM To Janet McLaughlin/AWAlFAA@FAA cc Ledina Gianfrate/AWAlFAA@FAA, <Kevin.Leary@dot.gov>, <Dirk.DerKinderen @dot.gov>, <Matthew. Nickels@dol.gov>, <Kurt. Eichenlaub@dot.gov> Subject Interpretation leiters concurrence Good afternoon JaneVLedina, 2/3/2010#