Interpretation Response #08-0258
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Mr. John E. Martiney
Republic Airways Holdings
8909 Purdue Road, Suite 300
Indianapolis, IN 46268
Ref. No. 08-0258
Dear Mr. Martiney:
This responds to your letter dated October 13, 2008 regarding the aircraft quantity limitations for "Batteries, wet, filled with alkali, UN2795." These batteries are shipped domestically in accordance with the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) and the International Civil Aviation Organization's Technical Instructions for the Safe Transport of Dangerous Goods by Air (ICAO Technical Instructions). Specifically you ask whether you may ship aircraft batteries properly described as "Batteries, wet, filled with alkali, UN2795" aboard passenger aircraft in packages greater than 30 kg gross weight.
Both the ICAO Technical Instructions and the HMR limit the quantity of "Batteries, wet, filled with alkali, UN2795" to 30 kg gross weight per package on passenger-carrying aircraft. However, the ICAO Technical Instructions, Special Provision A51, permit up to 100 kg gross weight per package of aircraft batteries aboard a passenger aircraft irrespective of the quantity limitations specified in the dangerous good list. The HMR contain a similar provision in § 175.8; however, this provision is limited to company material (COMAT).
US variation 1 of the ICAO Technical Instructions states that the requirements of Part 175 apply to all shipments offered for air transport to, from, or within the United States, including when the shipment is prepared in accordance with the ICAO Technical Instructions. Therefore, unless offered for transportation and transported as COMAT, the 30 kg gross weight limitation for "Batteries, wet, filled with alkali, UN2795" in the HMR apply.
I hope this satisfies your inquiry. If we can be of further assistance, please contact us.
Charles E. Betts
Chief, Standards Development
Office of Hazardous Materials Standards
172.101, Part 175
|§ 175.8||Exceptions for operator equipment and items of replacement|