Law Offices of Michael J. Pangia, P.C. — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation 400 Seventh Street, S.W Nashington, D.C. 2059( Pipeline and Hazardous Materials Safety Administration JUN 30 2006 Mr. Michael J. Pangia Ref. No.: 06-0103 Law Offices of Michael J. Pangia, P.C 1717 N Street, NW Washington, DC 20036-2801 Dear Mr. Pangia: materials by aircraft under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171- This is in response to your April 24, 2006 letter regarding transportation of hazardous 180). Specifically, you ask if hazardous materials transported aboard aircraft operated on a special flight permit under 14 CFR Part 91 are subject to the HMR. If the flight is for the furtherance of a commercial purpose, even if there are no commercial subject to the HMR. In addition, if the owner of the aircraft is employing a pilot to operate goods or passengers on board, the oxygen cylinders and paint described in your letter are the aircraft, the hazardous materials on board are subject to the HMR. Aircraft owned and piloted by a private citizen transporting his or her own hazardous materials for personal use is not considered to be "in commerce" and therefore is not subject to the HMR. We suggest you contact the Federal Aviation Administration concerning questions about 14 CFR Part 91 and special flight permits. contact this office. I hope this information is helpful. If you have further questions, please do not hesitate to Sincerely, Talle < Motel Hattie L. Mitchell Chief, Regulatory Review and Reinvention Office of Hazardous Materials Standards 175.10 (a) 060103#

Page 2Pollack LAW OFFICES of 3175.10 (a) MICHAEL J. PANGIA, P.C. WASHINGTON, D.C. 20036-2801 1717 N STREET, NW Air 06-0103 Michael J. Pangia Admitted DC, NC & (202) 955-6450 Of Counsel: NY (202) 955-9444 (Facsimile) illiam J. Apuz Mike.law@Verizon.net New York, NY 10017 5 Third Aven Anderson, Korzen & Assoc. Street 233 West Mountain 27284( Kernersville, NC April 24, 2006 Hattie I. Mitchell Office of Hazardous Materials Standards Chief, Regulatory Review and Reinvention Dear Ms Mitchell: Materials under 49 CFR 171-180, such as my own oxyge If I want to carry items that are classified as Hazardous bottles to be installed in the plane or certain paint that to packaging, labeling, etc. if my plane is on a special is to be used on the plane, do the Hazmat regulations apply passengers allowed or carried aboard and there are no goods flight permit that is to be conducted under Part 91 with no carried for hire aboard? regulations under Parts 135 and 121, but none for strictly Part 91 flights for whatever guidance you can give me on this question. such as the one I describe above. Thank you#