Midwest Express Airlines — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department 400 Seventh St., S.W. Washington, D.C. 20590 Special Programs Research and Administration APR 13 2004 Mr. David Puhl Air Cargo Trainer Ref. No. 03-0129 Midwest Express Airlines 301 Air Cargo Way Milwaukee, Wisconsin 53207 Dear Mr. Puhl: This responds to your letter regarding pilot notification under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask if hazardous materials excepted under command requirements of § 175.33. Your airline is certificated § 175.10 (a) (4) are subject to the notification of pilot-in- with regard to the transportation of hazardous materials. under 14 CFR Part 121 and is designated as a "non-carry" airline Your airline does, however, notify the pilot-in-command in writing as required for specific circumstances identified in § 175.10 (a) (4). inquiry and any inconvenience it may have caused. Please accept my apology for the delay in responding to your The answer is no. Unless specifically identified in § 175.10, hazardous materials carried aboard an aircraft by a passenger or crew member under the exceptions prescribed in § 175.10 (a) (4) are not subject to the requirements of the HMR. such items is not subject to the notification of pilot-in-command Thus, a carrier of requirements of § 175.33. require further assistance. I trust this satisfies your inquiry. Please contact us if you Hotte z. Mahell Hattie I. Mitchell Chief, Regulatory Review and Reinvention office of Hazardous Materials Standards 030129 175.10 175.333#

Page 2Stevens MIDWEST EXPRESS 3175.10 AIRLINES 3175tir .33 03-0129 May 12, 2003 Mr. Edward T. Mazzullo Director, Office of Hazardous Materials Standards U.S. DOT/RSPA (DHM-10) 400 7th Street S.W. Washington, D.C. 20590-0001 Hazardous Materials Transported by Aircraft SUBJECT: HM-206C, Hazardous Materials: Availability of Information for ! Dear Mr. Mazzullo: I am writing to request an interpretation regarding the recently published final rule referenced above. My company is a 14CFR Part 121 certificated air carrier, and is a "non-carry" airline with regard to the transport of Regulated Hazardous Materials. We do, however, transport certain items listed as Exceptions under 49CFR 175.10. In the course of transportiales exped lead - oil the to captain he comply with the crew notification requirements for items under 49CFR 175.10 which require a flight crew notification. With the added requirements for the notification of flight crews under 49CFR Excepted Hazardous Materials under 49CFR 175.10? I look forward to any clarification you can provide in this matter. Sincerely, Panl1.041 David Puh Midwest Airlines Air Cargo Trainer MKE A/F 301 Air Cargo Way, Milwaukee, Wisconsin 53207 Telephone 414-747-4532 FAX 414-482-3414 wwww.midwestexpress.com MIDWEST EXPRESS HOLDINGS, INC. IS A PUBLIC COMPANY, TRACED ON THE ISE UNDER THE SYMEOL MEM#