Interpretation Response #09-0207
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
February 16, 2010
Mr. William J. Hoffmann
USA 3000 Airlines
335 Bishop Hollow Road, Suite 100
Newtown Square, PA 19073
Ref. No.: 09-0207
Dear Mr. Hoffmann:
This responds to your letter dated September 3, 2009, regarding the applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to the transportation of alcohol as company material (COMAT) by aircraft. You state that your airline sells 50 mL (mini) bottles of alcohol to passengers during flights. Specifically, you ask if your airline may transport this alcohol in the cargo holds of the aircraft as COMAT in accordance with § 175.8 to restock inventory at various locations.
The answer is no. Section § 175.8 provides certain exceptions for aircraft operator equipment and items of replacement for air worthiness requirements and operating regulations. Alcoholic beverages carried aboard passenger-carrying aircraft by the operator intended for use or sale on the aircraft in which the product is intended to be used or sold are specifically excepted from the requirements of the HMR (see § 175.8(b)(3)).
I hope this answers your inquiry.
Charles E. Betts
Chief, Standards Development
Office of Hazardous Materials Standards
|§ 175.8||Exceptions for operator equipment and items of replacement|