PHMSA Response Letter

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U.S. Department of Transportation
Research and Special Programs Administration
400 Seventh Street, S.W.
Washington, DC 20590

JUN 27, 1996                                                             Ref ID: 96-0200

Ms. Candy L. Cook
DGI Training Center
P.O. Box 1283
Amelia Island, FL 32035

Dear Ms. Cook:

This is in response to your letter concerning the amount of hazardous materials that may be carried on either a passenger or cargo aircraft.  I apologize for the delay in responding and regret any inconvenience it may have caused.

Your questions have been paraphrased and answered as follows:

Q.  Explain the quantity limitations in 49 CFR 175.75(a)(2).

A. The quantities in this section are expressed in net weight. The section states that not more than 55 pounds of hazardous materials, and in addition thereto 165 pounds net weight of Class 2.2 (non-flammable gas) may be carried in any inaccessible location or in a freight container on a passenger-carrying aircraft. For cargo-only aircraft, not more than these quantities of hazardous materials may be loaded in a manner which makes them inaccessible unless the hazardous materials are in a freight container.

Q. Is there a quantity limitation if the hazardous materials are loaded inaccessible on a pallet vs. a freight container?

A. An aircraft pallet does not meet the definition. of freight container, § 171.8. Packages of hazardous materials loaded on an accessible pallet in an accessible cargo compartment on a cargo aircraft only, are not subject to the 55-pound (165 pounds for non-flammable compressed gases) net weight limitation.

Q. Is it correct that items allowed on a passenger aircraft, but are being transported on an all cargo aircraft must follow the 25/75 rule in an inaccessible cargo hold, while some items packed for cargo aircraft only will not follow the limitation?

A. Even if a package that is prepared for carriage on a passenger aircraft is being transported on a cargo-only aircraft, the quantity limits per package imposed by Column 9A of the Hazardous Materials Table, § 172.101 apply.

Q. Are Foreign Flag carriers subject to the 25/75 rule?

A. Yes. Part 175 -- Carriage by Aircraft applies to the acceptance for transportation, loading and transportation of hazardous materials in any aircraft in the United States, § 175.5(a). This would include all foreign aircraft entering or departing U.S. airspace.

If we can be of further assistance, please feel free to contact us.

Sincerely,

Delmer F. Billings
Chief, Regulations Development
Office of Hazardous Materials Standards