Phoenix Air — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department 400 Seventh St., S.W. Research and Washington, D.C. 20590 Special Programs Administration MAR 2 4 2004 Mr. Dent Thompson Phoenix Air Vice President, Operations Ref. No. 04-0065 100 Phoenix Air Drive, SW Cartersville, Georgia 30120 Dear Mr. Thompson: Your March 5, 2004 letter to Mr. Jackson Smith, Federal Aviation Administration Southern Region, has been referred to this office for response. In your letter, you assert that a representative of the Office of Hazardous Materials Standards, Research and Special Programs Administration, told you that air carriers are excepted from the security plan requirements in Subpart I of Part 172 of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). I want to apologize for any confusion that has resulted from your inquiry about the applicability of the security plan requirements to air transportation. The staff member who you spoke to was in error. The security plan requirements in Subpart I of Part 172 apply to any person who offers for transportation or transports in commerce one or more of the following hazardous materials: (1) car, or freight container; A highway-route controlled quantity of a Class 7 material in a motor vehicle, rail (2) vehicle, rail car, or freight container; More than 25 kg (55 pounds) of a Division 1.1, 1.2, or 1.3 material in a motor (3) criteria for Hazard Zone A; More than one L (1.06 qt) of a material poisonous by inhalation that meets the (4) A shipment in a bulk packaging having a capacity equal to or greater than 13,248 L (3,500 gallons) for liquids or gases or more than 13.24 cubic meters (468 cubic feet) for solids; (5) A shipment in other than a bulk packaging of 2,268 kg (5,000 pounds) gross weight or more of one class of hazardous material for which placarding of a vehicle, rail car, or freight container is required under the provisions of Subpart F of Part 172; 172.800 040065#

Page 2(б) A select agent or toxin regulated by the Centers for Disease Control and Prevention; or (7) A quantity of hazardous materials that requires placarding under the provisions of Subpart F of Part 172: In effect, then, the security plan requirements apply to a shipper or carrier of a hazardous material in an amount that requires placarding and to select agents. As we stated in the preamble to the materials that may present a significant security threat from those than do not. including by air carrier. The requirements are triggered by the offering or transportation of a The security plan requirements apply to the transportation of hazardous materials by all modes, hazardous material in a quantity that requires placarding under Subpart F of Part 172 of the HMR, not by the absence of presence of a placard on a given shipment. Thus, for an air carrier transporting explosives, the HMR require the air carrier to develop and implement a security plan if the air carrier is transporting a shipment of explosives in an amount that would require placarding if transported by highway or rail. Thus, if you transport any quantity of a Division 1.1, 1.2, or 1.3 explosive, or more than 454 kg (1,001 pounds) of a Division 1.4, 1.5, or 1.6 explosive, you must have a security plan. Your exemption, DOT-E-8826, does not exempt you from the security plan requirements. The HMR permit you to use a security plan that conforms to regulations issued by other Federal addresses the requirements specified in Subpart I. Therefore, you may use your approved agencies to satisfy the security plan requirements in Subpart I of Part 172, provided the plan obligations under the HMR. You must provide your employees who are responsible for Transportation Security Administration (TSA) 12-5 security program to meet your security plan implementing the TSA 12-5 security program with in-depth security training in accordance with § 172.704(a)(5) of the HMR. I hope this information is helpful. Please contact this office if you have additional questions. Sincerely, Susan Gorsky Senior Transportation Regulations Specialist Office of Hazardous Materials Standards#

Page 34048056068 FAA ATLANTA HAZFO PAGE 02/03 Phoenix Air WORLDWIDE AIRCRAFT SERVICES Fax 100 Phoenix Air Drive, S.W. To Cartersville, Georgia 30120 B:l/wittening Match 5, 2004 Mr. Jackson M. Smith Borsku Manager Security & Hazardous Material Division, ASO-700 112.8001 Southern Region Office of Security & Hazardous Materials P.O. Box 20636 Security Plans Atianta, GA 30320 04-0065 Dear Mr. Jackson: request for a copy pf Phoenix Air's Security Plan, Security Training Records and TSA I am in receipt of your letter to me dated March 4, 2004 (copy attached). In reply to your Security Program, I respoctfully have the following replies: You requested a copy of the Phoenix Air Scurity Plan required by 49 CFR Part 172, Subpart I. Per 172.800(2), a security plan is only required for motor vebicle, tail car or reight container. Aviation is not included in this requirement. I telephoned DO ‹SPA Standards Division in Washington, D.C. today to confirm that aviation hac from this requirement. not been added to this requirement. RSPA confirms that Phoenix Air is exempt 2. You requestod copies of training records for the in-depth security training required by 49 CFR 172.704(a)(5). Per 172.704(a)(5), the first sentence states that training is required for each hazmat employee of a person "required to have a security plan in accordance with security plan; therefore there are no training records. subpart I of this part". As explained above, Phoenix Air is not required to have a 3. You requested a copy of Phoenix Air's TSA security program. were required to sign a document with TSA acknowledging that the Program is Phoenix Air does have an approved TSA 12-5 Security Program, however, we sensitive and confidential and may not be copied or given to anyone outside the Phoenix Air Security Department (including other agencies of the Federal Inspector, and asked permission to send you a copy of our approved Program. Government). Today I telephone Mr. Alphonso Diaz Delcastillo, TSA Principal 770-387-2000 TELEPHONE: 800-334-5360 TOLL FREE: 770-386-3053 ADMIN. FAX: 770-386-2275 MAINT. FAX: 770-387-9638 PARTS: 6713076 PHXA UW TELEX:#

Page 4FAA AILANIA MAZPU "HUC Mr. Delcastillo told me that i may not give your office a copy of this document. You may contact him at 571-227-2208 for confirmation of this. following information: Although I have no documents to send you per your request, can provide you with the Phoenix Air has continuously held our DOT Exemption DOT-E 8826 since 1982, forbidden for air transport by 49 CFR and ICAO regulations. authorizing Phoenix Air to transport by air all classes of explosives including those single accident, incident, loss or spillago. Over the past 20 plus years, Phoenix Air has performed thousands of shipments without a noenix Air has an extensive in-house training program, approved by the DOT and FA The Atlanta FSDO is very familiar with our level of training. ve have had FAA inspectors sit in and "audil" our training classes on many occasion The Atlanta FAA CASO and DOT agreed in a letter to Phoenix Air dated April 7, 1986 that prior to cach flight carrying explosives, Phoenix Air will fax an Explosives explosives, etc. That is why your office receives these reports. Movement Flight Report to the Atlanta CASO, detailing the route, times, description of Phoenix Air is a DOD cleared facility and Phoenix Air pilots hold high-level U.S. DOD requirements of 49 CFR 172.800 or the TSA 12-5 Security Program. We are frequently security clearances. Our level of security here for DOD work far exceeds the security submit that Phoenix Air's security is extremely high and our employee training is audited by the Defense Security Service (DSS) for security compliance. I therefore extremely high. Phonix Air's TSA 12-5 Scourity Program is audited by the TSA. Our next audit is scheduled for March 15-17 when TSA Principal Security Inspector Timothy Neumann will be in the Atlanta area auditing all approved companies. Please let me know if you need any additional information. Vice President, Operations Dent Thompson#