Netjets, Inc. — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Washington, D.C. 20590 400 Seventh Street, S.W. Pipeline and Administration Hazardous Materials Safety JUN 1 4 2006 Vice President Mr. D. Richard Meikle Ref. No. 06-0073 Safety and Government Relations Netjets, Inc. 4111 Bridgeway Avenue Columbus, OH 43219 Dear Mr. Meikle: This responds to your letter requesting clarificatior of the aircraft under the Hazardous Materials Regulations (FMR; 49 requirements for transporting hazardous materials aboard an CFR Parts 171-180). not carry" operator under the Federal Aviation Specifically, you ask whether a "will Administration's (FAA) Hazardous Materials Division may carry small amounts of safety matches for passenger use charter operator and it permits the use of lighted tobacco products by passengers in flight. to your question is no. If you are transporting passengers "in commerce," the answer of hazardous materials in commerce. The HMR apply to the transportation In your particular scenario, "commerce" means transporting a hazardous material carriage of safety matches by an aircraft operator in commerce and a "will not carry" aircraft operator may not transport hazardous materials in commerce not otherwise 175.10 (a) (10) 060073#

Page 2excepted in § 175.10, the matches would not be permitted aboard the aircraft. I trust this satisfies your inquiry. Please contact us if we can be of further assistance. Sincerely, Hattie L. Mitchell Chief, Regulatory Review and Reinvention office of Hazardous Materials Standards#

Page 3Stevens $175.10 (a) (10) 325: 64289 Air NETJETS® 06.0073 March 22, 2006 Mr. Edward T. Mazzullo U.S. DOT/PHMSA (PHH-10) Director, Office of Hazardous Materials Standards 400 7th Street S.W. Washington, D.C. 20590-0001 RE: 49 CFR 175.10(a)(10) Dear Mr. Mazzullo, 91, subpart K, and Part 91 operations. NJA utilizes all aircraft in a fractional aircraft NetJets Aviation, Inc. (NJA) operates and/manages over 370 turbojet aircraft in Part 135, Part ownership program and charter operations. Current NJA operational policies allow the approved lighters to be available aboard the aircraft for passenger use. passengers to use smoking materials in-flight. As a result, there is a necessity for matches or recognized that any materials used to light smoking materials must conform to the provisions NJA is a "will not carry" operator with respect to Hazardous Materials, and as such, it is of 49 CFR 175.10(a)(10). (a) This subchapter does not apply to: § 175.10 Exceptions. carried on one's person. However, lighters containing unabsorbed liquid fuel (10) Safety matches or a lighter intended for use by an individual when (other than liquefied gas), lighter fuel, and lighter refills are not permitted on one's person or in checked or carry-on baggage. conforming to the regulation if carried aboard one's person. Unfortunately, passengers do As indicated in the regulation, the carriage of safety matches or an approved lighter is clearly not always remember to bring matches or an approved lighter. he specific question is as follows. If NJA were to stock a small quantity of safety matche board the aircraft it operates and/or manages, would it be compliant with the regulation I appreciate your assistance in providing an interpretation of this rule. If you have any 1700 Eastern Time. questions, please feel free to contact me at 614-239-2141, Monday through Friday, 0800- sincerely; I feall D. Richard Meikle Vice President, Safety and Government Relations#