{"operation":"document","citation":"04-0065","title":"Phoenix Air — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2004-03-24","effective_on":null,"summary":"04-0065 response to Phoenix Air concerning 172.800.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0065.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0065.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0065","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2004/040065.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\n400 Seventh St., S.W.\nResearch and\nWashington, D.C. 20590\nSpecial Programs\nAdministration\nMAR 2 4 2004\nMr. Dent Thompson\nPhoenix Air\nVice President, Operations\nRef. No. 04-0065\n100 Phoenix Air Drive, SW\nCartersville, Georgia 30120\nDear Mr. Thompson:\nYour March 5, 2004 letter to Mr. Jackson Smith, Federal Aviation Administration Southern\nRegion, has been referred to this office for response. In your letter, you assert that a\nrepresentative of the Office of Hazardous Materials Standards, Research and Special Programs\nAdministration, told you that air carriers are excepted from the security plan requirements in\nSubpart I of Part 172 of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180).\nI want to apologize for any confusion that has resulted from your inquiry about the applicability\nof the security plan requirements to air transportation. The staff member who you spoke to was\nin error. The security plan requirements in Subpart I of Part 172 apply to any person who offers\nfor transportation or transports in commerce one or more of the following hazardous materials:\n(1)\ncar, or freight container;\nA highway-route controlled quantity of a Class 7 material in a motor vehicle, rail\n(2)\nvehicle, rail car, or freight container;\nMore than 25 kg (55 pounds) of a Division 1.1, 1.2, or 1.3 material in a motor\n(3)\ncriteria for Hazard Zone A;\nMore than one L (1.06 qt) of a material poisonous by inhalation that meets the\n(4)\nA shipment in a bulk packaging having a capacity equal to or greater than 13,248\nL (3,500 gallons) for liquids or gases or more than 13.24 cubic meters (468 cubic\nfeet) for solids;\n(5)\nA shipment in other than a bulk packaging of 2,268 kg (5,000 pounds) gross\nweight or more of one class of hazardous material for which placarding of a\nvehicle, rail car, or freight container is required under the provisions of Subpart F\nof Part 172;\n172.800\n040065\n\n<<<PAGE 2>>>\n\n(б)\nA select agent or toxin regulated by the Centers for Disease Control and\nPrevention; or\n(7) A quantity of hazardous materials that requires placarding under the provisions of\nSubpart F of Part 172:\nIn effect, then, the security plan requirements apply to a shipper or carrier of a hazardous material\nin an amount that requires placarding and to select agents. As we stated in the preamble to the\nmaterials that may present a significant security threat from those than do not.\nincluding by air carrier. The requirements are triggered by the offering or transportation of a\nThe security plan requirements apply to the transportation of hazardous materials by all modes,\nhazardous material in a quantity that requires placarding under Subpart F of Part 172 of the\nHMR, not by the absence of presence of a placard on a given shipment. Thus, for an air carrier\ntransporting explosives, the HMR require the air carrier to develop and implement a security plan\nif the air carrier is transporting a shipment of explosives in an amount that would require\nplacarding if transported by highway or rail. Thus, if you transport any quantity of a Division\n1.1, 1.2, or 1.3 explosive, or more than 454 kg (1,001 pounds) of a Division 1.4, 1.5, or 1.6\nexplosive, you must have a security plan. Your exemption, DOT-E-8826, does not exempt you\nfrom the security plan requirements.\nThe HMR permit you to use a security plan that conforms to regulations issued by other Federal\naddresses the requirements specified in Subpart I. Therefore, you may use your approved\nagencies to satisfy the security plan requirements in Subpart I of Part 172, provided the plan\nobligations under the HMR. You must provide your employees who are responsible for\nTransportation Security Administration (TSA) 12-5 security program to meet your security plan\nimplementing the TSA 12-5 security program with in-depth security training in accordance with\n§ 172.704(a)(5) of the HMR.\nI hope this information is helpful. Please contact this office if you have additional questions.\nSincerely,\nSusan Gorsky\nSenior Transportation Regulations Specialist\nOffice of Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\n4048056068\nFAA ATLANTA HAZFO\nPAGE 02/03\nPhoenix Air\nWORLDWIDE AIRCRAFT SERVICES\nFax\n100 Phoenix Air Drive, S.W.\nTo\nCartersville, Georgia 30120\nB:l/wittening\nMatch 5, 2004\nMr. Jackson M. Smith\nBorsku\nManager\nSecurity & Hazardous Material Division, ASO-700\n112.8001\nSouthern Region Office of Security & Hazardous Materials\nP.O. Box 20636\nSecurity Plans\nAtianta, GA 30320\n04-0065\nDear Mr. Jackson:\nrequest for a copy pf Phoenix Air's Security Plan, Security Training Records and TSA\nI am in receipt of your letter to me dated March 4, 2004 (copy attached). In reply to your\nSecurity Program, I respoctfully have the following replies:\nYou requested a copy of the Phoenix Air Scurity Plan required by 49 CFR Part\n172, Subpart I.\nPer 172.800(2), a security plan is only required for motor vebicle, tail car or\nreight container. Aviation is not included in this requirement. I telephoned DO\n‹SPA Standards Division in Washington, D.C. today to confirm that aviation hac\nfrom this requirement.\nnot been added to this requirement. RSPA confirms that Phoenix Air is exempt\n2. You requestod copies of training records for the in-depth security training\nrequired by 49 CFR 172.704(a)(5).\nPer 172.704(a)(5), the first sentence states that training is required for each\nhazmat employee of a person \"required to have a security plan in accordance with\nsecurity plan; therefore there are no training records.\nsubpart I of this part\". As explained above, Phoenix Air is not required to have a\n3. You requested a copy of Phoenix Air's TSA security program.\nwere required to sign a document with TSA acknowledging that the Program is\nPhoenix Air does have an approved TSA 12-5 Security Program, however, we\nsensitive and confidential and may not be copied or given to anyone outside the\nPhoenix Air Security Department (including other agencies of the Federal\nInspector, and asked permission to send you a copy of our approved Program.\nGovernment). Today I telephone Mr. Alphonso Diaz Delcastillo, TSA Principal\n770-387-2000\nTELEPHONE:\n800-334-5360\nTOLL FREE:\n770-386-3053\nADMIN. FAX:\n770-386-2275\nMAINT. FAX:\n770-387-9638\nPARTS:\n6713076 PHXA UW\nTELEX:\n\n<<<PAGE 4>>>\n\nFAA AILANIA MAZPU\n\"HUC\nMr. Delcastillo told me that i may not give your office a copy of this document.\nYou may contact him at 571-227-2208 for confirmation of this.\nfollowing information:\nAlthough I have no documents to send you per your request, can provide you with the\nPhoenix Air has continuously held our DOT Exemption DOT-E 8826 since 1982,\nforbidden for air transport by 49 CFR and ICAO regulations.\nauthorizing Phoenix Air to transport by air all classes of explosives including those\nsingle accident, incident, loss or spillago.\nOver the past 20 plus years, Phoenix Air has performed thousands of shipments without a\nnoenix Air has an extensive in-house training program, approved by the DOT and FA\nThe Atlanta FSDO is very familiar with our level of training.\nve have had FAA inspectors sit in and \"audil\" our training classes on many occasion\nThe Atlanta FAA CASO and DOT agreed in a letter to Phoenix Air dated April 7, 1986\nthat prior to cach flight carrying explosives, Phoenix Air will fax an Explosives\nexplosives, etc. That is why your office receives these reports.\nMovement Flight Report to the Atlanta CASO, detailing the route, times, description of\nPhoenix Air is a DOD cleared facility and Phoenix Air pilots hold high-level U.S. DOD\nrequirements of 49 CFR 172.800 or the TSA 12-5 Security Program. We are frequently\nsecurity clearances. Our level of security here for DOD work far exceeds the security\nsubmit that Phoenix Air's security is extremely high and our employee training is\naudited by the Defense Security Service (DSS) for security compliance. I therefore\nextremely high.\nPhonix Air's TSA 12-5 Scourity Program is audited by the TSA. Our next audit is\nscheduled for March 15-17 when TSA Principal Security Inspector Timothy Neumann\nwill be in the Atlanta area auditing all approved companies.\nPlease let me know if you need any additional information.\nVice President, Operations\nDent Thompson","truncated":false,"body_characters":8201}