{"operation":"document","citation":"98-0575","title":"DGI Training Center — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"1998-06-17","effective_on":null,"summary":"98-0575 response to DGI Training Center concerning 175.75.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-98-0575.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-98-0575.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-98-0575","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/1998/980575.pdf","body":"<<<PAGE 1>>>\n\n1\n•\n-\nof Transportation\nU.S.Department\n400 Seventh Street, S.W.\nResearch and\nWashington, D.C.\n20590\nSpecial Programs\nAdministration\nJUN 17 1998\nMs. Candy L. Cook\nDGI Training Center\nP.O. Box 1283\nAmelia Island, FL 32035\nDear Ms. Cook:\nThis is in response to your letter requesting clarification of quantity limits for carriage on cargo-\nonly aircraft of hazardous materials which are acceptable for carriage on passenger-carrying\naircraft. I apologize for the delay in responding.\nYour questions are paraphrased and answered as follows:\nQuestion 1. Packages of hazardous materials acceptable on passenger-carrying aircraft\nwhich are stowed aboard a cargo-only aircraft in an inaccessible cargo compartment or in\nan inaccessible manner within an accessible cargo compartment are limited to 25\nKilograms (kg) net weight of hazardous material and in addition thereto 75 kg net weight\nof Division 2.2). What is the limitation if the hazardous materials are placed in one or\nmore freight containers aboard the cargo-only aircraft?\nIf the cargo compartment is accessible, 49 CFR 175.75(a)(2)(ii) permits 25 kg of hazardous\nmaterials (reference to the Division 2.2 limit will be ignored for the sake of simplicity) in each\nfreight container, regardless of the number of containers in the compartment. If the cargo\ncompartment is inaccessible, the 25 kg limit applies to the cargo compartment.\nQuestion 2. Is a Class 3, Packing Group IIl, material - which is within quantity limits and\nis acceptable for carriage aboard passenger-carrying aircraft - subject to the 25 kg limit\nwhen transported aboard cargo-only aircraft in an inaccessible cargo compartment or in\nan inaccessible manner within an accessible cargo compartment? Is the same shipment\nsubject to the 25 kg limit if it is offered as acceptable only on cargo aircraft and labeled\nCARGO AIRCRAFT ONLY?\nSection 175.85(c)(1) provides a quantity limit exception from both 49 CFR 175.75(a)(2) and\n175.85(b) for Class 3, Packing Group III materials. Therefore, the shipment is not subject to the\n25 kg limit regardless of whether it is offered as acceptable for passenger-carrying aircraft or\ncargo aircraft only.\n\n<<<PAGE 2>>>\n\n...'\nYour inquiry highlights two points with regard to the provisions of 49 CFR 175.85. First,\nalthough the intent of 49 CFR 175.85(c)(1) is to provide exceptions from both the 49 CFR\n175.75(a)(2) quantity limits and the 175.85(b) requirement for accessible stowage, the\nintroductory regulatory text of 49 CFR 175.85(c)(1) fails to specifically reference 49 CFR\n175.75. We intend to correct this discrepancy in a future rulemaking. Second, for a material not\neligible for the 49 CFR 175.85 (c)(1) exceptions, such as a Class 8 material, a shipment which is\nacceptable for carriage aboard passenger-carrying aircraft is subject to the 25 kg limit when\ntransported aboard cargo-only aircraft in an inaccessible cargo compartment or in an inaccessible\nmanner within an accessible cargo compartment. If the same shipment is offered as acceptable\nonly on cargo aircraft and labeled CARGO AIRCRAFT ONLY, it may only be carried\naccessibly as required by 49 CFR 175.85(b).\nI trust this satisfies your inquiry. If this office can be of further assistance, please contact us.\nSincerely,\nEdward T. Mazzullo\nDirector, Office of Hazardous\nMaterials Standards\n:\"...\n\n<<<PAGE 3>>>\n\nLaValle\nFile: 175.75\nSC: 412\nDGI Training Center-East\nPO Box 1283\n* Amelia Island, FL 32035\nIATA\nDANGEROUS GOODS INT'L\n904-321-0874 • Fax 904-321-1801\n29 July 1996\nMr. Delmer F. Billings\nChief, Regulations Development\nOffice of Hazardous Materials Standards\nDear Mr. Billings,'\nThank you for your response to my inquiries regarding 175.75(a) (2).\n•I believe I did not ask the questions correctly, therefore I did\nhave included your response for reference.\nnot receive the answers to help me understand the regulation. I\nI: understand that if 'a package is packed according to passenger\naircraft packing instructions\nand is loaded on a cargo aircraft in\nan inaccessible position, it will be limited to 25kg net for Hazmat\nand 75kg neț for non-flammable gases. 175.75 (a)(2) (iii) goes on to\nsay unless in a freight container.\nQuestion 1\nHow much then is allowed if it is in a freight\ncontainer? (assume the package is within the limits specified in\nTable 172.101)\nQuestion 2\n175.75 states specifically it is for items which are\n¡prepared according to a cargo aircraft only packing instruction and\nallowed on a passenger carrying aircraft. If I have a package\nis within the limits under Täble 172.101, what is the limit in an\nçrew during flight ?\ninaccessible hold or position which makes it inaccessible to the\nExample: A shipper has a Class 3 item,: in Packing Group III,\nwithout a subrisk. It\naircraft. It is being\ntransported\nis perfectly prepared for a passenger\non\na cargo aircraft in an\ninaccessible position. It will be limited to the 25/75 limitations.\nI have the same substance, this time it has been packed within the\nlimits' for cargo aircraft only and has been tendered to an all\ncargo carrier.\nWill the package prepared under\nlimited to the 25/75 aircraft limitations?\nthe cargo only limitations be\nSeattle • Chicago • Miami. • Denver • Phoenix, *. Minneapolis • Los Angeles • Boston • New Orleans • Honolulu i San Juan • Atlanta • Houston\nIndianapolis • Newark • San Francisco • Baltimore • Milwaukoo • New York • Detroit • Philadelphia • Dallas • Cleveland • St Louis\n\n<<<PAGE 4>>>\n\nhave to follow the 25/75 aircraft limitation while the cargo only\nIs my interpretation correct in that the passenger quantity will\nshipment will not have a compartment limitation and will not have\nto be accessible to the crew? 'Seems very contradicțory. A package\"\nwith perhaps a smaller amount than the cargo only shipment will be\nlimited while the perhaps larger quantity for cargo only will not\nhave to follow the compartment limitation.\nI await your reply.\nSincerely,\nCardy X. Cook\n'candy Li.\nDGI Training Center\nCook","truncated":false,"body_characters":5975}