{"operation":"document","citation":"07-0167","title":"Landmark Aviation — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2007-10-11","effective_on":null,"summary":"07-0167 response to Landmark Aviation concerning 175.8.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-07-0167.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-07-0167.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-07-0167","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2007/070167.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\n1200 New Jersey Avenue, SE\nWashington, D.C. 20590\nMaterials Safet\nipeline and Hazardou\nAdministration\nOCT 1 1 2007\nHazardous Materials Officer\nMr. Frederick W. Klein\nRef No.: 07-0167\nLandmark Aviation\nSmith Reynolds Airport\n3821 North Liberty Street\nWinston-Salem, NC 27015\nDear Mr. Klein:\nThis is in response to your letter dated August 20, 2007 in regard to hazardous materials carried\non board an aircraft under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180).\nSpecifically, you ask if 20 oz cans of flammable aerosols, used as anti-icing additive for your\naircraft fuel, are excepted from the HMR.\nIn accordance with § 175.8(a)(2), hazardous materials required aboard an aircraft in accordance\ndoes not require the carriage of the aerosol cans, then the exceptions in § 175.8(a)(2) do not\napply and the aerosol cans of anti-icing additive are subject to the requirements of the HMR.\nI hope this information is helpful. If you have further questions, please do not hesitate to contact\nthis office.\nSincerely,\n\"John'A. Gale\nChief, Standards Development\nOffice of Hazardous Materials Standards\n175.8 (alz)\n070167\n\n<<<PAGE 2>>>\n\nSupko\n3172:101,175.8 (0X2)\n3173.306\napplicabilit\n37-0167\nAugust 20, 2007\nAssociate Administrator for Hazardous Materials Safety\nPipeline and Hazardous Materials Safety Administration\n400 Seventh St., S. W.\nWashington, D.C. 20590\nDear Sirs:\nunder 14 CFR Part 135. About one third of these aircraft require the use of Prist HI-FLO\nLandmark Aviation operates a fleet of approximately 30 turboprop and turbojet aircraft\nAnti-Icing Fuel Additive mixed with Jet-A fuel, due to the fact that these aircraft are not\nequipped with approved fuel heaters.\nThe vast majority of domestic fueling facilities premix Prist with Jet-A, however, that is\nnot always the case when operating outside of the United States. During many\ninternational flight operations, we routinely carry several containers (20 oz. aerosol cans)\nof Prist in the aircraft in the event that premix fuel is not available\nIt should be pointed out that the use of Prist by these select aircraft is mandatory by\nFAR's. The limitations section of the AFM specifically mandates the addition of Prist.\nwould that apply only when the Prist is already mixed with the fuel? Please respond to\nboth of the above questions.\nAccording to the MSDS (see enclosed), the 20 oz. Aerosol Can is a Consumer\naerosol can is considered to be a Flammable Aerosol, 2.1, UN1950, if carried by air\nCommodity, ORM-D (US DOT Description). On the other hand, the very same 20 oz.\n(Export Description). Further, it has been stated by some shippers that \"Consumer\nCommodity\" applies only if carried by vehicle (truck), and that \"Aerosols, Flammable\"\nalways applies if carried by air, during both domestic and international operations. Are\nthese statements true?\nTo date, we have carried all Prist containers in full compliance with HM requirements,\nincluding the use of specification outer packaging. In the future, we will utilize all of the\nprovisions of 173.306, as directed by the Hazardous Materials Table of 172.101, unless\ndirected otherwise. This includes Limited Quantity marking and \"strong outside\npackaging\" in place of specification outer packaging. Obviously, we would prefer to use\n\n<<<PAGE 3>>>\n\nPage 2\nthe provisions of the IATA exemption, in which case the carriage of Prist would not be\nregulated. That is a separate issue which must be addressed\nYour timely response in all of these matters will be appreciated\nSincerely,\n-\nFrederick W. Klein\nHazardous Materials Officer\nLandmark Aviation","truncated":false,"body_characters":3626}