Mr. Michael J. Pangia, P.C — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation JAN 6 2006 400 Seventh Street, S.W. Washington, D.C. 20590 Hazardous Materials Safety Pipeline and Administration Mr. Michael J. Pangia, P.C. Reference 05-0201 Washington, DC 20036-2801 1717 N. Street, N. W Dear Mr. Pangia: This responds to your letter concerning the applicability of the Hazardous Materials balations a aircraft. our ester indicates that ran plata ton or hase do iterate, relurbist it and use it to transport passengers. Hazardous materials will be transported on this aircraft for the purpose of eventually placing it in passenger service. You ask if such hazardous materials are subject to the HMR. The answer is yes. Transportation of hazardous materials aboard an aircraft in the above described scenario would be subject to the HMR because the hazardous materials are clearly being transported in furtherance of a commercial purpose. We suggest that you contact the Federal Aviation Administration concerning any additional operating requirements that may apply when placing an aircraft in passenger service. I hope this satisfies your inquiry. Sincerely, Hattie L. Mitchell Chief, Regulatory Review and Reinvention Office of Hazardous Materials Standards 175. 10 050201#

Page 2Corbin LAW OFFICES of $175.10 MICHAEL J. PANGIA, P.C. WASHINGTON, D.C. 20036-2801 1717 N STREET, NW Air 05-0201 Admitted DC, NC & Michael J. Pangi: (202) 955-6450 Of Counsel: (202) 955-9444 (Facsimile) William J. Apuzzo Trial Specialist NBTA Certified Mike.law@Verizon.net New York, NY 10017 685 Third Avenue Assoc Anderson, Korzen & 233 West Mountain Kernersville, NC 27284 Street August 10, 2005 Via FedEx Associate Administrator Hazardous Materials Safety 400 7" Street, S.W. DHM-1 Washington, DC 20590 Dear Sir/Madam, I practice aviation law, and from time to time I have been asked by clients if hazardous materials can be transported in an aircraft that is not carrying passengers or cargo for hire and the materials are owned by the aircraft owner for use on that aircraft and not for the purpose of resale. It is my interpretation that if the hazardous material is being transported on one's own aircraft which is not in use as a common carrier at this time and the hazardous materials are not being used in furtherance of a commercial purpose, then the hazardous materials regulations do not apply. Concerning my own situation regarding an aircraft which I am about to purchase, I would like to know if I can carry such things as oxygen canisters and nitrogen containers to a repair station where the canisters are to be installed for eventual use by passengers in later flights and the nitrogen to be used for servicing of the tires and landing gear struts of the aircraft. No passengers or cargo for hire will be carried while on such a flight to the repair station. The items will be used for servicing of my aircraft. Based upon my interpretation of the hazardous materials statute and regulations, I do not believe that the hazardous materials apply to the above situations. I would appreciate knowing at your earliest con Denience if my interpretation is correct.#