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Interpretation Response #05-0269 ([ASTAR Air Cargo Inc.] [Mr. Gerry G. Kefalinos])

Below is the interpretation response detail and a list of regulations sections applicable to this response.

Interpretation Response Details

Response Publish Date:

Company Name: ASTAR Air Cargo Inc.

Individual Name: Mr. Gerry G. Kefalinos

Location State: OH Country: US

View the Interpretation Document

Response text:

Jan 17, 2006


Mr. Gerry G. Kefalinos                      Reference No. 05-0269
Manager, Dangerous Goods
ASTAR Air Cargo Inc.
3336 State Rt. 73 M/S 297
Wilmington, OH 45177

Dear Mr. Kefalinos:

This is in response to your letter dated October 18, 2005, requesting clarification on the use of the CARGO AIRCRAFT ONLY label under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask if a CARGO AIRCRAFT ONLY (CAO) label may be placed on a package containing a hazardous material that is authorized aboard a passenger- carrying air craft.

The answer is yes. Section 173.27(b)(4) of the HMR states that a package containing a hazardous material that is authorized aboard cargo aircraft but not aboard passenger aircraft must be labeled with the CAO label required by § 172.402(c) and may not be offered for transportation or transported aboard 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. In addition, § 172.402(c) requires each person who offers for transportation or transports by aircraft a package containing a hazardous material that is authorized on cargo aircraft only to label the package with a CAO label specified in § 172.448. Furthermore, under § 172.203(f) a statement indicating that the shipment is within the limitations prescribed for either passenger and cargo aircraft only must be entered on the shipping paper. However, the HMR do not prohibit the use of the CAO label on a package containing a hazardous material that is authorized aboard passenger aircraft.

In accordance with Part 5 Chapter 3.2.1lof the International Civil Aviation Organization (ICAO) Technical Instructions for the Safe Transport of Dangerous Goods by Air the CAO label “must” be affixed when the package containing the dangerous goods may be transported on a cargo aircraft. However, where the packing instruction number and the permitted quantity per package are identical for passenger and cargo aircraft, the CAO label “should” not he used. In the ICAO Technical Instructions, “should” is used in a recommendatory sense. It is the opinion of this Office that a package bearing the CAO labels that is authorized for transport aboard a passenger carrying aircraft would not be in violation of the JCAO Technical Instructions. PHMSA will attempt to improve the clarity of this issue in a future rulemaking.

I hope this information is helpful. Please contact us if you require additional assistance



John A. Gale
Chief, Standards Development
Office of Hazardous Materials Standards

172.203(f), 172.402(c)
173.27(b)(4), 175.85(b) & (c)

Regulation Sections

Section Subject
172.203 Additional description requirements
172.402 Additional labeling requirements
173.27 General requirements for transportation by aircraft