Chautauqua Airlines — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation 400 Seventh St., S.W. Special Programs Research and Washington, D.C. 20590 Administration JUL 29 2003 Mr. John E. Martiney Manager, Hazmat Compliance Ref No. 03-0105 Chautauqua Airlines 2500 S. High School Rd, Suite 160 Indianapolis, IN 46241 Dear Mr. Martiney: This is in response to your April 18, 2003 letter, requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to hazardous materials training. Specifically, you state your company is a regional air carrier operating under code-sharing agreements with major carriers and utilizes contractors to load passengers and baggage into your aircraft in the United States and Canada. You state your company does not transport dangerous goods, but does transport the excepted materials found in § 175.10 of the HMR. You state your company trains the instructors of the contract company in the recognition and exceptions of hazardous materials. You question if it is the responsibility of your company to train, monitor and maintain training records for each employee of the contract company in compliance with the HMR The answer is no. It is the opinion of this Office that if your company does not transport hazardous materials in commerce, transports only the excepted materials found in § 175.10, or otherwise does not meet the definition of a hazmat employer, your company is not subject to the training requirements of the HMR. A "will not" carry airline is not subject to HMR training. However, employee training on hazardous materials recognition and exceptions is a requirement of the Federal Aviation Administration even when the provisions of § 175.10 are utilized. I hope this information is helpful. If we can be of further assistance, do not hesitate to contact us. Sincerely, thon Droll Susan Gorsky Senior Transportation Regulations Specialist Office of Hazardous Materials Standards 175.10 030105#

Page 204/18/03 08:50 FAX 317 484 6040 CHAUTAUQUA 0002 ** CHAUTAUQUA AIRLINES Foster A REPUBLIC AIRWAYS COMPANY * §175.20. 8112.704 ( April 18, 2003 training Air Mr. Edward Mazzullo 03 - 0 1 05 Director of Hazardous Materials Standards 400 7'h Street SW RSPA / U.S. DOT (DHM-10) Washington, DC 20590 Re: Letter of Interpretation on 49 CFR 175.20 requirements. Dear Mr. Mazzullo: I. Background - Chautauqua Airlines is a regional air carrier operating under code-sharing agreements with major carriers. As such, we operate into various cities where These contractors load passengers and baggage into our aircraft. Chautauqua aircraft are ground handled by third party contractors. Before starting up service in a new city, our Customer Service Training Department trains the contractor's trainer in Hazmat recognition and approved Customer Service Manual and General Operations Manual. exceptions. For this training we use the materials contained in our FAA- excepted under 49 CFR 175.10 . Recognition of these exceptions is part of the Chautauqua is a Non-Carrier of Dangerous Goods, but we do carry the materials approyed training program. Il. 49 CFR 175.20 We interpret 175.20 as referring to Chautauqua Airlines employees (hazmat employee-hazmat employer relationship), and not to third party contract it is the third party contractor's responsibility to then comply with the same company employees. It is our understanding that after we train their trainers, 175.20 provisions. 0 ta Sche Sal See to be in 3024 de: 8073046000 Fox. 32781 6060 www.flychaulauque.com#

Page 304/18/03 08:51 FAX 317 4846040 CHAUTAUQUA @003 CHAUTAUQUA AIRLINES A REPUBLIC AIRWAYS COMPANY It is our interpretation that 175.20 does not mandate Chautauqua Airlines to train, monitor, and maintain individual hazmat training records for each employee of each third party contractor across the US and Canada. We petition for a written Letter of Interpretation from RSPA on this matter. Since a possible violation of the HMR may be involved, we ask that this matter be treated expeditiously. Thank you for your time, Sincerely this John E. Martiney Chautauqua Airlines - A Republic Airways Company Manager, Hazmat Compliance Indianapolis, IN 46241 2500 5 High School Road, Suite 160 (317) 246-2630 Office (317) 484-4728 Fax jmartiney@flychautauqua.com JEM/ars cc: Mr. Chad Jasper - Director of Safety, Chautauqua Airlines et tage site R See 100 Indianapolis odine 1024d Tele: 317 4 6000 lax: 017 4 6060 www.llychsulacguca.cor#