{"operation":"document","citation":"06-0212","title":"Ameriflight, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2006-10-26","effective_on":null,"summary":"06-0212 response to Ameriflight, Inc. concerning 175.75.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0212.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0212.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0212","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2006/060212.pdf","body":"<<<PAGE 1>>>\n\nOCT 26 2006\n400 Seventh Street, S.W.\nWashington, D.C. 20590\nPipeline and\nHazardous Materials Safety\nAdministration\nMr. Matt Payne\nHazardous Materials Program Manager\nRef. No.: 06-0212\n4700 Empire Avenue\nAmeriflight, Inc.\nHanger #1\nBurbank, CA 91505\nDear Mr. Payne:\nThis is in response to your September 12, 2006 letter requesting clarification of the\nquantity limitations and cargo location requirements under § 175.75 of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask if the\ncarry persons other than those listed in (e)(4)(i), such as a first officer or a jumpseat\nexception § 175.75(e)(4) may be used by small aircraft that require a two-pilot crew or\nOn March 22, 2006 we published a final rule under Docket HM-228 entitled \"Hazardous\nMaterials: Revision of Requirements for Carriage by Aircraft,\" which became effective on\nOctober 1, 2006. The rulemaking added a new § 175.75(e) (4) which originated from\nprevious § 175.85(c)(3) (see HMR revised as of October 1, 2005). Under the requirements\nredesignated as § 175.75(e)(4), packages of hazardous materials are eligible for exceptions\nfrom accessibility requirements in §§ 175.75(c) and (d) if they are carried on small, single\npilot, cargo aircraft and meet the provisions of paragraphs (e) (4)(i)-(iii).\nYou ask if it is acceptable for an aircraft to include two pilots, first officer, or jurpseat\npassenger and still take advantage of the exception in § 175.75(e)(4). The answer is no.\nParagraph (e)(4)(i) clearly states that the aircraft may not carry any person other than the\npilot, an FAA inspector, the shipper or consignee of the material, a representative of the\nshipper or consignee so designated in writing, or a person necessary for handling the\ncarries an additional pilot, first officer, or jumpseat passenger.\nmaterial. Therefore, you may not use the exception in § 175.75(e)(4) when the aircraft\nI hope this information is helpful. Please contact us if you require additional assistance.\nSincerely,\nChief, Standards Development\nOffice of Hazardous Materials Standards\n175.15 (e)4)\n060212\n\n<<<PAGE 2>>>\n\nSupko\n$175.75 (eX4)\nAMERIFLIGHT\nAircraft\n06-0212\nSeptember 12, 2006\nMr. Edward Mazzullo\nDirector, Office of Hazardous Materials Standards\n400 7 Street S.W.\nU.S. DOT/RSPA (DHM-10)\nWashington, DC 20590-0001\nDear Mr. Mazzullo:\nof \"small, single pilot cargo aircraft\". Did the framers intend to exclude small aircraft (within the DOT\nI am requesting clarification to a recent change in 49CFR175.75(e)(4). At question is the intent/definition\ndefinition of \"small aircraft,\" to wit, payload less than 18,000 Ib) that require a two pilot crew (Learjets\nand Brasilias, in our case)?\ncargo to ride along. If Ameriflight elects to assign a first officer to an airplane that does not otherwise\nAdditionally, exceptions in paragraph (e)(4)(i) allow FAA inspectors or individuals assigned to handle the\nrequire a first officer, can CAO HazMat be carried in an inaccessible location in that airplane? Would\na duty assignment [allowed by FAR 135.85(a)], or another airline's pilot jumpseating per Exemption\nAmeriflight employee pilots jumpseating to a duty assignment, other company employees jumpseating to\n8396 be allowed to ride on single pilot aircraft if CAO materials are carried?\n- or the other airline's jumpseating pilot, or our employee traveling on company business - aboard. Their\nIn either case I do not see a safety compromise by allowing the \"non-required\" or \"required\" first officer\nlives are certainly no more (or less) precious than those of the FAA Inspector or the cargo courier, and the\ncoming from the cargo compartment, looking out the window for other traffic, etc.\nsupernumerary personnel can make an actively positive contribution to safety by monitoring odors\nThank you for your attention to this matter, I look forward to your response.\nSincerely,\nMatt Payne\nHazardous Materials Program Manager\nAMERIFLIGHT, INC\n4700 EMPIRE AVENUE\nIRBANK CA 9150\nANGAR #1\n(818) 847-0000","truncated":false,"body_characters":4012}