Ameriflight, Inc. — Hazardous Materials Safety Interpretation

Page 1OCT 26 2006 400 Seventh Street, S.W. Washington, D.C. 20590 Pipeline and Hazardous Materials Safety Administration Mr. Matt Payne Hazardous Materials Program Manager Ref. No.: 06-0212 4700 Empire Avenue Ameriflight, Inc. Hanger #1 Burbank, CA 91505 Dear Mr. Payne: This is in response to your September 12, 2006 letter requesting clarification of the quantity limitations and cargo location requirements under § 175.75 of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask if the carry persons other than those listed in (e)(4)(i), such as a first officer or a jumpseat exception § 175.75(e)(4) may be used by small aircraft that require a two-pilot crew or On March 22, 2006 we published a final rule under Docket HM-228 entitled "Hazardous Materials: Revision of Requirements for Carriage by Aircraft," which became effective on October 1, 2006. The rulemaking added a new § 175.75(e) (4) which originated from previous § 175.85(c)(3) (see HMR revised as of October 1, 2005). Under the requirements redesignated as § 175.75(e)(4), packages of hazardous materials are eligible for exceptions from accessibility requirements in §§ 175.75(c) and (d) if they are carried on small, single pilot, cargo aircraft and meet the provisions of paragraphs (e) (4)(i)-(iii). You ask if it is acceptable for an aircraft to include two pilots, first officer, or jurpseat passenger and still take advantage of the exception in § 175.75(e)(4). The answer is no. Paragraph (e)(4)(i) clearly states that the aircraft may not carry any person other than the pilot, an FAA inspector, the shipper or consignee of the material, a representative of the shipper or consignee so designated in writing, or a person necessary for handling the carries an additional pilot, first officer, or jumpseat passenger. material. Therefore, you may not use the exception in § 175.75(e)(4) when the aircraft I hope this information is helpful. Please contact us if you require additional assistance. Sincerely, Chief, Standards Development Office of Hazardous Materials Standards 175.15 (e)4) 060212#

Page 2Supko $175.75 (eX4) AMERIFLIGHT Aircraft 06-0212 September 12, 2006 Mr. Edward Mazzullo Director, Office of Hazardous Materials Standards 400 7 Street S.W. U.S. DOT/RSPA (DHM-10) Washington, DC 20590-0001 Dear Mr. Mazzullo: of "small, single pilot cargo aircraft". Did the framers intend to exclude small aircraft (within the DOT I am requesting clarification to a recent change in 49CFR175.75(e)(4). At question is the intent/definition definition of "small aircraft," to wit, payload less than 18,000 Ib) that require a two pilot crew (Learjets and Brasilias, in our case)? cargo to ride along. If Ameriflight elects to assign a first officer to an airplane that does not otherwise Additionally, exceptions in paragraph (e)(4)(i) allow FAA inspectors or individuals assigned to handle the require a first officer, can CAO HazMat be carried in an inaccessible location in that airplane? Would a duty assignment [allowed by FAR 135.85(a)], or another airline's pilot jumpseating per Exemption Ameriflight employee pilots jumpseating to a duty assignment, other company employees jumpseating to 8396 be allowed to ride on single pilot aircraft if CAO materials are carried? - or the other airline's jumpseating pilot, or our employee traveling on company business - aboard. Their In either case I do not see a safety compromise by allowing the "non-required" or "required" first officer lives are certainly no more (or less) precious than those of the FAA Inspector or the cargo courier, and the coming from the cargo compartment, looking out the window for other traffic, etc. supernumerary personnel can make an actively positive contribution to safety by monitoring odors Thank you for your attention to this matter, I look forward to your response. Sincerely, Matt Payne Hazardous Materials Program Manager AMERIFLIGHT, INC 4700 EMPIRE AVENUE IRBANK CA 9150 ANGAR #1 (818) 847-0000#