# Windward Aviation, Inc. — Hazardous Materials Safety Interpretation

**Citation:** 12-0192  
**Type / status:** guidance / guidance  
**Agency:** Pipeline and Hazardous Materials Safety Administration  
**Effective:** Not stated  
**Published:** 2012-12-20

12-0192 response to Windward Aviation, Inc. concerning 175.9.

## Document text

<<<PAGE 1>>>

U.S. Department
of Transportation
Pipeline and Hazardous
Materials Safety
Administration
1200 New Jersey Avenue, SE
Washington, D.C. 20590
.· ; .• .,
IJEC 2 J _:. · ·
Mr. Don Shearer
Director of Operations
Windward Aviation, Inc.
P.O. Box 596
Pu'unene, HI 96784
Reference No. 12-0192
Dear Mr. Shearer:
This is in response to you August 30, 2012 e-mail requesting clarification on§ 175.9(b)(4),
titled "Special Aircraft Operations," and § 175 .310( a), titled "Transportation of flammable
liquid fuel; aircraft only means of transportation," of the Hazardous Materials Regulations
(HMR; 49 CFR Parts 171-180). Specifically, you ask whether "UN 1863, Fuel aviation,
turbine, Class 3 (flammable liquid), Packing Group (PG) II or III," also described as Jet A
fuel, is regulated under §§ 175.9(b )( 4) of the HMR when transported by helicopter
(rotorcraft) in support of firefighting and search and rescue operations.
In your letter, you state the fuel is transported over water and uncongested land areas in
conformance with 14 CFR § 133.33 (d) and (e) of the Federal Aviation Regulations from
Maui to the neighboring islands of Lanai, Kahoolawe, and Molokai in two 55-gallon drums
in a sling load suspended externally under the helicopter. You also state these locations
have no other way to receive this fuel, this material is considered airline company material
(COMAT), which is material that belongs to the airline and is not manifested as freight, and
that the Federal Aviation Administration's (FAA's) Honolulu Flight Standards District
Office (FSDO) has asked your company to obtain a special permit from the Pipeline and
Hazardous Materials Safety Administration (PHMSA) to perform this operation.
The HMR apply to the transportation of hazardous materials in commerce. Routine
transport of hazardous materials by rotorcraft must be approved in accordance with
§ 175.9(a) and (b). Note that§ 175.9(b)(4) excepts from regulation under the HMR the
transportation, including training on proper handling and stowage, and use of hazardous
materials by aircraft during dedicated air ambulance, firefighting, or search and rescue
operations when applicable FAA operator requirements have been met, including training
operator personnel on the proper handling and stowage of the hazardous materials carried.
If these conditions are not met, rotocraft operations are fully subject to applicable FAA
regulations and the HMR prescribed in 14 CFR and 49 CFR, respectively.

<<<PAGE 2>>>

You also ask how§ 175.310(a) of the HMR applies to Jet A fuel when transported by
helicopter (rotorcraft) in support of firefighting and search and rescue operations. Section
175.310(a) permits PG II and III flammable liquid fuels to be transported aboard passenger
and cargo aircraft without regard to the required packaging and quantity limits prescribed in
Columns 7, 8, and 9 of the Hazardous Materials Table (§ 172.101 Table) by aircraft if other
means of transportation are not physically possible (impracticable) or cannot be performed
by routine and frequent means of transportation due to extenuating circumstances. Section
175.310(a) of the HMR does not apply to the routine transport of hazardous materials and
cannot be invoked due to a desire for expedience of a shipper, carrier, or consignor.
I hope this satisfies your request.
Sincerely,
~or~~
T. Glenn Foster
Chief, Regulatory Review and Reinvention Branch
Standards and Rulemaking Division
2

<<<PAGE 3>>>

Drakeford, Carolyn (PHMSA)
From:
Sent:
To:
Subject:
INFOCNTR (PHMSA)
Friday, August 31, 2012 2:22 PM
Drakeford, Carolyn (PHMSA)
FW: Letter of interpretation
Ailtre<:t+
['L-6/C/2_
Carolyn,
We received the following request for a formal letter of interpretation.
Thanks,
Victoria
From: Windward Aviation Jl;J<~LI..c":;_;_if~i!!iJsl.'!tn~oil''~,Eii!s::G:,E;H--I'~::-:V::,D':,Q,::s~:.
Sent: Thursday/ August 301 2012 9:52 PM
To: INFOCNTR (PHMSA)
Cc: 'Windward Aviation'
Subject: Letter of interpretation
Attention: Standards and Rule making
I would like to request a formal letter of interpretation for FAR 175.9(b)(4) and 175.310(a)
We have carried two 55 gallon drums suspended in a net below our helicopters in a sling load while supporting fire
fighting and search and rescue operations on the neighboring islands of Lanai, Kahoolawe and Molokai. There is no Jet A
fuel available on these islands. These flights are conducted over water and over uncongested areas in accordance with
FAR Part 133.33(d) and (e)
Our interpretation of the above regulations is that we are exempt from the HAZMAT requirements for these operations.
We also perform civil/commercial operations for a variety of customers on the neighboring islands. We understand that
the HAZMAT regulations apply to these operations.
We are currently being requested by the Honolulu FSDO that we obtain a special permit from the PHMSA, our
interpretation is that no special permit is required due to the fact that we will not be operating outside of the current
regulations. All we want to do is haul two 55 gallon drums of Jet A to the neighboring islands, this is COMAT
We have NO intention of hauling any other HAZMAT or COMAT materials.
If your determination is such that a special permit is required, please provide a sample of that permit to support our above
mentioned operations
Thank you for your attention.
Don Shearer
Director of Operations
WINDWARD AVIATION, INC.
PHONE: 808-877-3368
FAX: 808-877-0532
CONFIDENTIALITY NOTICE: This e-mail transmission, and any documents, files or previous e-mail messages attached
to it contains confidential information that is legally privileged_ This e-mail and any files transmitted with it are intended
solely for the use of the individual or entity to whom they are addressed. If the reader of this e-mail is not the intended
recipient or the employee or agent responsible for delivering the message to the intended recipient, you are hereby
1

<<<PAGE 4>>>

notified that any use, dissemination, forwarding, printing or copying of this e-mail or any attachments hereto is strictly
prohibited. If you have received this e-mail in error please contact Windward Aviation, Inc. 808-877-3368
ALOHA
2

## Provenance

- Official: Yes
- Source: <https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2012/120192.pdf>
- Source ID: `phmsa`
- SHA-256: `a79bba4310adfd1fb0a489216e2ef4c3a34c90ea84c7c64e4ed2cd02504d1074`
- Retrieved: 2026-08-20T00:59:31.977Z
- Exported: 2026-08-22T14:24:26.523Z
- Document slug: `phmsa-interpretation-12-0192`

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