Austin Powder Company — Hazardous Materials Safety Interpretation

Page 1P:: • 3. of Transportation U.S.Department 400 Seventh Street, S.W. Washington, D.C. 20590 Special Programs Research and Administration JUN - З 1999 Mr. Larry J. (Scooter) King * Ref. No. 99-0141 Regulatory Manager Austin Powder Company Cleveland, OHIO 44122 Dear Mr. King: This is in response to your letter dated June 3, 1999, Specifically, you ask if a CARGO AIRCRAFT ONLY label may be regarding the use of the CARGO AIRCRAFT ONLY label: placed on a package containing a hazardous material that is authorized aboard a passenger-carrying aircraft. Column 9A of the Hazardous Materials Table specifies the maximum net quantity of a hazardous material that is authorized to be transported aboard a passenger-carrying aircraft.. Section 173.27 states that a package containing a hazardous material which is authorized aboard cargo aircraft but not aboard passenger aircraft must be labeled with the CARGO AIRCRAFT ONLY label and may not be offered for transportation or transported aboard passenger-carrying aircraft. It is the opinion of this Office that a package bearing the CARGO AIRCRAFT ONLY label that is within the quantity limitations specified for passenger-carrying aircraft would not be in violation of the Hazardous Materials Regulations. I hope this satisfies your inquiry. Sincerely, Delm Fill Thomas G. Allan Acting Director, Office of Hazardous Materials Standards 172.103 990141#

Page 2AUSTIN POWDER COMPANY Gale § 172.40) CLEVELAND, OHIO 44122 99-0141 June 3, 1999 Edward Mazzullo Department of Transportation 216 464 Office of Hazardous Material Standards 4418 400 Seventh Street SW Washington, D.C. 20590 Dear Mr. Mazzullo: Austin Powder Company respectfully requests an interpretation of 49 CFR 172.101 i) (4) and the use of the CARGO AIRCRAFT ONLY label. Austin Powder Company does not ship any explosives by passenger aircraft, and does not want any explosives shipped by any its employees or agents on passenger aircraft regardless of any quantity authorized on passenger-carrying aircraft. Is it legal to use a CARGO AIRCRAFT ONLY label as specified in 49 CFR 172.448 on a package that is authorized on passenger-carrying aircraft but does not exceed the maximum net quantity authorized on passenger-carrying aircraft? Your prompt response is greatly appreciated. Sincerely, Zany forking Larry J. (Scooter) King Regulatory Manager cc: John Gale 25800 SCIENCE PARK DRIVE • CLEVELAND, OHIO 44122 • 216/464-2400#