Interpretation Response #09-0272 ([Lufthansa - The Americas] [Mr. Hilmar Leng])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Lufthansa - The Americas
Individual Name: Mr. Hilmar Leng
Location State: GA Country: US
View the Interpretation Document
Response text:
February 4, 2010
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 (CAO) 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 CAO packages loaded in an FAA certified Class C compartment of a cargo only aircraft?
A1. 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 of the "Cargo Only Aircraft" table in § 175.75(f). Thus, there is no quantity limitation for CAO packages transported on a cargo only aircraft and stowed in a Class C cargo compartment.
Q2. If there is no quantity limitation for CAO 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 of the "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.
In a final rule published January 14, 2009 (74 FR 2200), PHMSA authorized the stowage of CAO packages in an inaccessible manner if the compartment is an FAA certified Class C cargo compartment to harmonize the HMR with a similar provision in the 2009-2010 edition of the International Civil Aviation Organization's Technical Instructions for the Transport of Dangerous Goods by Air (ICAO TI). As we indicated in the final rule, the revisions apply only to CAO packages; the final rule did not revise the quantity limitations applicable to packages authorized on passenger aircraft that are loaded in an inaccessible manner in an FAA certified Class C cargo compartment. PHMSA intends to address requirements applicable to the stowage of packages authorized on passenger aircraft in a future rulemaking.
I hope this information is helpful. If you have further questions, please contact this office.
Sincerely,
Charles E. Betts
Chief, Standards Development
Office of Hazardous Materials Standards
175.75
Regulation Sections
| Section | Subject |
|---|---|
| 175.75 | Quantity limitations and cargo location |