Landmark Aviation — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department 1200 New Jersey Avenue, SE Washington, D.C. 20590 Materials Safet ipeline and Hazardou Administration OCT 1 1 2007 Hazardous Materials Officer Mr. Frederick W. Klein Ref No.: 07-0167 Landmark Aviation Smith Reynolds Airport 3821 North Liberty Street Winston-Salem, NC 27015 Dear Mr. Klein: This is in response to your letter dated August 20, 2007 in regard to hazardous materials carried on board an aircraft under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask if 20 oz cans of flammable aerosols, used as anti-icing additive for your aircraft fuel, are excepted from the HMR. In accordance with § 175.8(a)(2), hazardous materials required aboard an aircraft in accordance does not require the carriage of the aerosol cans, then the exceptions in § 175.8(a)(2) do not apply and the aerosol cans of anti-icing additive are subject to the requirements of the HMR. I hope this information is helpful. If you have further questions, please do not hesitate to contact this office. Sincerely, "John'A. Gale Chief, Standards Development Office of Hazardous Materials Standards 175.8 (alz) 070167#

Page 2Supko 3172:101,175.8 (0X2) 3173.306 applicabilit 37-0167 August 20, 2007 Associate Administrator for Hazardous Materials Safety Pipeline and Hazardous Materials Safety Administration 400 Seventh St., S. W. Washington, D.C. 20590 Dear Sirs: under 14 CFR Part 135. About one third of these aircraft require the use of Prist HI-FLO Landmark Aviation operates a fleet of approximately 30 turboprop and turbojet aircraft Anti-Icing Fuel Additive mixed with Jet-A fuel, due to the fact that these aircraft are not equipped with approved fuel heaters. The vast majority of domestic fueling facilities premix Prist with Jet-A, however, that is not always the case when operating outside of the United States. During many international flight operations, we routinely carry several containers (20 oz. aerosol cans) of Prist in the aircraft in the event that premix fuel is not available It should be pointed out that the use of Prist by these select aircraft is mandatory by FAR's. The limitations section of the AFM specifically mandates the addition of Prist. would that apply only when the Prist is already mixed with the fuel? Please respond to both of the above questions. According to the MSDS (see enclosed), the 20 oz. Aerosol Can is a Consumer aerosol can is considered to be a Flammable Aerosol, 2.1, UN1950, if carried by air Commodity, ORM-D (US DOT Description). On the other hand, the very same 20 oz. (Export Description). Further, it has been stated by some shippers that "Consumer Commodity" applies only if carried by vehicle (truck), and that "Aerosols, Flammable" always applies if carried by air, during both domestic and international operations. Are these statements true? To date, we have carried all Prist containers in full compliance with HM requirements, including the use of specification outer packaging. In the future, we will utilize all of the provisions of 173.306, as directed by the Hazardous Materials Table of 172.101, unless directed otherwise. This includes Limited Quantity marking and "strong outside packaging" in place of specification outer packaging. Obviously, we would prefer to use#

Page 3Page 2 the provisions of the IATA exemption, in which case the carriage of Prist would not be regulated. That is a separate issue which must be addressed Your timely response in all of these matters will be appreciated Sincerely, - Frederick W. Klein Hazardous Materials Officer Landmark Aviation#