{"operation":"document","citation":"09-0128","title":"Freight Runners Express, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2010-04-09","effective_on":null,"summary":"09-0128 response to Freight Runners Express, Inc. concerning 175.33, 175.75.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0128.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0128.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0128","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2009/090128.pdf","body":"<<>>\n\nU.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration\n1200 New Jersey Ave, SE\nWashington, D.C. 20590\nAPR - 9 2010\nMr. Patrick Hammer\nFreight Runners Express, Inc.\n1901 E. Layton Avenue\nMilwaukee, WI 53207\nRef. No. 09-0128\nDear Mr. Hammer:\nThis responds to your May 15, 2009 request for clarification of §§ 175.33 and 175.75 in the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180.) Specifically, you ask for\nclarification ofthe definitions for \"readily available\" in § 175 .33( c )(3) and \"small aircraft\" in\n§ 175.75(e)(4).\nFor hazardous materials transported by aircraft, § 175.33(c) requires an aircraft operator to\nretain a copy ofthe shipping paper and notification of pilot in command and to have the\ninformation readily accessible at the airport ofdeparture and airport of intended arrival for the\nduration ofthe flight. For purposes of this section, \"readily available\" means available for use\nto the personnel on duty at the airport of departure and the airport of arrival while the aircraft is\nin flight. You may need to make special arrangements with the airports in question to ensure\nthat airport personnel receive the information and can make it available to emergency response\npersonnel in the event of an incident.\nSection 175.75(e) provides exceptions from certain loading and segregation requirements for\ncertain types ofhazardous materials shipments. Paragraph (e)(4) refers only to those packages\ncarried on a small, single-pilot, cargo aircraft. You also asked whether a \"small aircraft\" meant\nan aircraft weighing 12,500 pounds and under, or an aircraft with only one pilot. A \"small\naircraft\" has the same meaning as specified in the Federal Aviation Administration regulations\nat 14 CFR, Part 1, which define a small aircraft as one that is less than 12,500 lbs maximum\ncertificated takeoff weight.\nI hope this answers your inquiry.\nCharles E. Betts\nChief, Standards Development\ne of Hazardous Materials Standards\n\n<<>>\n\n'{ Drakeford, Carolyn \nFrom: INFOCNTR \nSent: Friday, May 15, 20094:37 PM\nTo: Drakeford, Carolyn \nSubject: FW: Hazmat Information Center Feedback: Aircraft (Sections 175.1 – 175.706)\n-----Original Message----From:\nPHMSA-Feedback [mailto:PHMSA-Feedback]\nSent: Friday, May 15, 2009 4:34 PM\nTo: PHMSA HM InfoCenter; PHMSA Webmaster\nSubject: Hazmat Information Center Feedback: Aircraft (Sections 175.1 – 175.706)\n175.33(c) (3) states, \"The aircraft operator must have the information required to be\nretained under this paragraph (we interpret this to mean the shipping papers and\nnotification to the pilot-in-command) readily accessible at the airport of departure and\nthe intended airport of arrival. for. the duration of the flight leg,\nHow do you define.rea,dilY Etvailaple? Does this. me~n tj1at someo.n~; has to be at the airport\nwith that information or just thein'formation is. at the airportiFor example a flight\ndeparts from XYZ airport with hazmat but the FBO is closed, can the lot just slip the\nrequired information under the door and depart or does someone have to be there? Or if the\nflight is depart in to ABC airport and the pilot faxes the appropriate information to the\ndestination FBO, but the employee there just throws the fax in the garbage who is\nresponsible then? Or if no one is present at the arrival airport when the aircraft lands?\nAlso with regard t'o.17:r;7S(e) (4) \"Packages of hazardous materials carried on small, single\npilot, cargo rcraft if: ... ff\nHow do you define small aircraft? Does that mean 12,5001bs dr less or does it just mean\nthat the aircraft only has one pilot? Fbr example a Beechcraft 1900 and a Metroliner have\nmaximum gross takeoff weights over 12,SOOlbs, but only require one pilot do the exceptions\napply to them or only to aircraft 12,SOOlbs and under?\nThank your for your time.\nName: Patrick Hammer\nOrganization: Freight Runners Express, Inc.\nEmail: phammer@freightrunners.com\nAddress: 1901 E. Layton Ave\nCity: Milwaukee\nZip Code: 53207\nPhone: 414-744-5525\nFAX: 414-744-4850\n1","truncated":false,"body_characters":4074}