Scenic Airlines, Inc. — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Washington, D.C. Special Programs Research and SEP 2 9 2000 Administration Mr. Tom O'Dell Ref. No. 00-0147 Director of Training 2705 Airport Drive Scenic Airlines, Inc. North las Vegas, NV 89030 Dear Mr. O'Dell: This is in response to your letter regarding the transportation Materials regulations (HMR; 49 CFR Parts 171-180). You inquire of air carrier company materials (COMAT) under the Hazardous whether an air carrier, who has elected not to carry hazardous materials, may transport items of replacement that are subject to the HMR on their passenger carrying aircraft. Part 175 of the HMR applies to the acceptance, loading, and transportation of hazardous materials in any aircraft in the United States and in aircraft of U.S. registry anywhere in air Section 175.10 (a) (2) of the HMR contains certain limited exceptions for hazardous materials required in accordance with applicable airworthiness requirements and operating limited exceptions to the packaging requirements of the HMR for regulations under 14 CFR. In addition, this section contains COMAT items of replacement (spares) for these hazardous materials. An air carrier who transports COMAT is subject to the package quantity and compartment limitations, discrepancy and training, marking, labeling, shipping paper and certification, incident reporting, and notification of pilot-in-command requirements of the HMR. See enclosed advisory guidance Notice No. 96-25 (61 FR 65479; December 13,1996) and other informational materials. Under the Federal Aviation Regulations, an air carrier that transports COMAT must have an FAA approved hazardous materials (dangerous goods) program or it must offer the COMAT to another carrier authorized to transport hazardous materials. To obtain additional information concerning the transportation of COMAT or to inquire about hazardous materials program approval, you may contact the FAA Civil Aviation Security Dangerous Goods Program office at (202) 267-7530 or visit their Internet website at http://cas.faa.gov/cas/dgp.htm. 000147 175.10#

Page 2be of I trust this answers your questions. further Please contact us if we can assistance. Sincerely, Hothe z mithell Hattie L. Mitchell Office Chief, • of Hazardous Materials Standards Regulatory Review and Reinvention Enclosures#

Page 305/16/2000 09:28 702-538-3315 SCENIC AIRLINES PAGE 01 BENg IRLINES SCENIC AIRLINES. INC. Gateway to the National Parks... - And Bezond!: Stevens $ 175.10 May 16, 2000 00 - 0147 Hazardous Materials Information Center Attr: Edward Mazzullo Director of OHMS We would appreciate some clarification on the shipping of aircraft batteries, aircraft motor oil, tires, and other necessary items pertaining to the operation of our fleet of aircraft. We understand that we can ship an aircraft battery but it can not go as COMAT and must have a bill of laden or other paper work. It must be properly packaged, with label ever hough we do not carry DG/HM Could you please explain in plain language how we can ship these items on a passenger aircraft under FAR part 121 and still not be in violation. Thank you for your help, Tom O'Dell Tom ODell Director of Training Fax 702 638 3315 2705 Airmort Drive. Math d#