# Netjets, Inc. — Hazardous Materials Safety Interpretation

- **operation:** document
- **citation:** 06-0073
- **title:** Netjets, Inc. — Hazardous Materials Safety Interpretation
- **source type:** guidance
- **agency:** Pipeline and Hazardous Materials Safety Administration
- **status:** guidance
- **official:** true
- **published on:** 2006-06-14
- **effective on:** Not available
- **summary:** 06-0073 response to Netjets, Inc. concerning 175.10.
- **machine formats:** - **json:** https://regulus.evalyn.ai/document/phmsa-interpretation-06-0073.json
- **markdown:** https://regulus.evalyn.ai/document/phmsa-interpretation-06-0073.md
- **app url:** https://regulus.evalyn.ai/document/phmsa-interpretation-06-0073
- **source url:** https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2006/060073.pdf
**body:**

<<<PAGE 1>>>

U.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 2>>>

excepted 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 3>>>

Stevens
$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
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