Interpretation Response #10-0014 ([Destileria Serrallés, Inc.] [Mr. Roberto Pantoja])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Destileria Serrallés, Inc.
Individual Name: Mr. Roberto Pantoja
Country: PR
View the Interpretation Document
Response text:
March 5, 2010
Mr. Roberto Pantoja
R&D Director
Destileria Serrallés, Inc.
P.O. Box 198
Mercedita, PR 00715-0198
Ref. No. 10-0014
Dear Mr. Pantoja:
This responds to your January 21, 2010 email and subsequent telephone conversation with a member of my staff concerning the applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to air transport of alcoholic beverages. Specifically, you ask whether alcoholic beverages containing 70% or less alcohol by volume in inner packages of less than five liters are subject to the HMR when transported as cargo by aircraft.
According to your email, your company transports 200 mL samples of alcoholic beverages containing 69.5% alcohol by volume by air. It is your understanding, in accordance with the International Civil Aviation Organization"s Technical Instructions (ICAO TI), your samples are not subject to regulation as cargo aboard aircraft.
Your understanding is correct. Alcoholic beverages containing 70% or less alcohol by volume, when packed in inner packagings of 5 liters or less, are not subject to the ICAO TI when carried as cargo (see ICAO TI; Part 3, Chapter 3, Special provision A9). Further, under § 173.150(d) of the HMR, an alcoholic beverage (as defined in 27 CFR 4.10 and 5.11) is not subject to the HMR if it meets one of the following conditions:
(1) It contains 24% or less alcohol by volume.
(2) It is in an inner packaging of 5 L or less, unless carried by a passenger or crewmember aboard a passenger aircraft, then it must conform to § 175.10(a)(4) of the HMR as checked or carry-on baggage.
(3) It is a Packing Group III alcoholic beverage in packagings of 250 L or less, unless transported by air.
Therefore, based on the information you provided, your samples are not subject to the HMR because they are being transported as cargo in inner packagings in quantities of 5 L or less.
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
173.150, 175.10
Regulation Sections
| Section | Subject |
|---|---|
| 173.150 | Exceptions for Class 3 (flammable and combustible liquids) |