Interpretation Response #09-0140 ([DGM Consulting Resources] [Mr. Jim Shinko])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: DGM Consulting Resources
Individual Name: Mr. Jim Shinko
Location State: GA Country: US
View the Interpretation Document
Response text:
July 10, 2009
Mr. Jim Shinko
DGM Consulting Resources
390 Hwy 29 N
Newnan, GA 30263
Ref. No.: 09-0140
Dear Mr. Shinko:
This responds to your letter dated June 9, 2009 request for clarification on the exception for alcoholic beverages in § 173.150(d) of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask if alcoholic beverages containing less than 70% alcohol by volume packaged in inner packagings containing less than 5 liters each are regulated when transported as cargo by aircraft.
The answer is no. Section 173.150(d) excepts an alcoholic beverage from the HMR if it: (1) contains 24% or less alcohol by volume; (2) is in an inner packaging of 5 L (1.3 gallons) or less, and for transportation on passenger-carrying aircraft, it conforms to § 175.10(a)(4) of the HMR as checked or carry-on baggage; and (3) is a Packing Group III alcoholic beverage in a packaging of 250 L (66 gallons) or less, unless transported by air.
Alcoholic beverages carried by aircraft passengers or crewmembers are excepted from the HMR if the alcoholic beverages contain 24% or less alcohol by volume. Passengers or crewmembers may carry alcoholic beverages that contain more than 24% alcohol by volume and not more than 70% when in unopened retail packagings not exceeding 5 L (1.3 gallons) carried in carry-on or checked baggage; the total net quantity per person may not exceed 5 L (1.3 gallons) for such beverages. See § 175.10(a)(4).
Sincerely,
Charles E. Betts
Chief, Standards Division
Office of Hazardous Materials Standards
173.150(d)