{"operation":"document","citation":"12-0192","title":"Windward Aviation, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2012-12-20","effective_on":null,"summary":"12-0192 response to Windward Aviation, Inc. concerning 175.9.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0192.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0192.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0192","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2012/120192.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, D.C. 20590\n.· ; .• .,\nIJEC 2 J _:. · ·\nMr. Don Shearer\nDirector of Operations\nWindward Aviation, Inc.\nP.O. Box 596\nPu'unene, HI 96784\nReference No. 12-0192\nDear Mr. Shearer:\nThis is in response to you August 30, 2012 e-mail requesting clarification on§ 175.9(b)(4),\ntitled \"Special Aircraft Operations,\" and § 175 .310( a), titled \"Transportation of flammable\nliquid fuel; aircraft only means of transportation,\" of the Hazardous Materials Regulations\n(HMR; 49 CFR Parts 171-180). Specifically, you ask whether \"UN 1863, Fuel aviation,\nturbine, Class 3 (flammable liquid), Packing Group (PG) II or III,\" also described as Jet A\nfuel, is regulated under §§ 175.9(b )( 4) of the HMR when transported by helicopter\n(rotorcraft) in support of firefighting and search and rescue operations.\nIn your letter, you state the fuel is transported over water and uncongested land areas in\nconformance with 14 CFR § 133.33 (d) and (e) of the Federal Aviation Regulations from\nMaui to the neighboring islands of Lanai, Kahoolawe, and Molokai in two 55-gallon drums\nin a sling load suspended externally under the helicopter. You also state these locations\nhave no other way to receive this fuel, this material is considered airline company material\n(COMAT), which is material that belongs to the airline and is not manifested as freight, and\nthat the Federal Aviation Administration's (FAA's) Honolulu Flight Standards District\nOffice (FSDO) has asked your company to obtain a special permit from the Pipeline and\nHazardous Materials Safety Administration (PHMSA) to perform this operation.\nThe HMR apply to the transportation of hazardous materials in commerce. Routine\ntransport of hazardous materials by rotorcraft must be approved in accordance with\n§ 175.9(a) and (b). Note that§ 175.9(b)(4) excepts from regulation under the HMR the\ntransportation, including training on proper handling and stowage, and use of hazardous\nmaterials by aircraft during dedicated air ambulance, firefighting, or search and rescue\noperations when applicable FAA operator requirements have been met, including training\noperator personnel on the proper handling and stowage of the hazardous materials carried.\nIf these conditions are not met, rotocraft operations are fully subject to applicable FAA\nregulations and the HMR prescribed in 14 CFR and 49 CFR, respectively.\n\n<<<PAGE 2>>>\n\nYou also ask how§ 175.310(a) of the HMR applies to Jet A fuel when transported by\nhelicopter (rotorcraft) in support of firefighting and search and rescue operations. Section\n175.310(a) permits PG II and III flammable liquid fuels to be transported aboard passenger\nand cargo aircraft without regard to the required packaging and quantity limits prescribed in\nColumns 7, 8, and 9 of the Hazardous Materials Table (§ 172.101 Table) by aircraft if other\nmeans of transportation are not physically possible (impracticable) or cannot be performed\nby routine and frequent means of transportation due to extenuating circumstances. Section\n175.310(a) of the HMR does not apply to the routine transport of hazardous materials and\ncannot be invoked due to a desire for expedience of a shipper, carrier, or consignor.\nI hope this satisfies your request.\nSincerely,\n~or~~\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n2\n\n<<<PAGE 3>>>\n\nDrakeford, Carolyn (PHMSA)\nFrom:\nSent:\nTo:\nSubject:\nINFOCNTR (PHMSA)\nFriday, August 31, 2012 2:22 PM\nDrakeford, Carolyn (PHMSA)\nFW: Letter of interpretation\nAiltre<:t+\n['L-6/C/2_\nCarolyn,\nWe received the following request for a formal letter of interpretation.\nThanks,\nVictoria\nFrom: Windward Aviation Jl;J<~LI..c\":;_;_if~i!!iJsl.'!tn~oil''~,Eii!s::G:,E;H--I'~::-:V::,D':,Q,::s~:.\nSent: Thursday/ August 301 2012 9:52 PM\nTo: INFOCNTR (PHMSA)\nCc: 'Windward Aviation'\nSubject: Letter of interpretation\nAttention: Standards and Rule making\nI would like to request a formal letter of interpretation for FAR 175.9(b)(4) and 175.310(a)\nWe have carried two 55 gallon drums suspended in a net below our helicopters in a sling load while supporting fire\nfighting and search and rescue operations on the neighboring islands of Lanai, Kahoolawe and Molokai. There is no Jet A\nfuel available on these islands. These flights are conducted over water and over uncongested areas in accordance with\nFAR Part 133.33(d) and (e)\nOur interpretation of the above regulations is that we are exempt from the HAZMAT requirements for these operations.\nWe also perform civil/commercial operations for a variety of customers on the neighboring islands. We understand that\nthe HAZMAT regulations apply to these operations.\nWe are currently being requested by the Honolulu FSDO that we obtain a special permit from the PHMSA, our\ninterpretation is that no special permit is required due to the fact that we will not be operating outside of the current\nregulations. All we want to do is haul two 55 gallon drums of Jet A to the neighboring islands, this is COMAT\nWe have NO intention of hauling any other HAZMAT or COMAT materials.\nIf your determination is such that a special permit is required, please provide a sample of that permit to support our above\nmentioned operations\nThank you for your attention.\nDon Shearer\nDirector of Operations\nWINDWARD AVIATION, INC.\nPHONE: 808-877-3368\nFAX: 808-877-0532\nCONFIDENTIALITY NOTICE: This e-mail transmission, and any documents, files or previous e-mail messages attached\nto it contains confidential information that is legally privileged_ This e-mail and any files transmitted with it are intended\nsolely for the use of the individual or entity to whom they are addressed. If the reader of this e-mail is not the intended\nrecipient or the employee or agent responsible for delivering the message to the intended recipient, you are hereby\n1\n\n<<<PAGE 4>>>\n\nnotified that any use, dissemination, forwarding, printing or copying of this e-mail or any attachments hereto is strictly\nprohibited. If you have received this e-mail in error please contact Windward Aviation, Inc. 808-877-3368\nALOHA\n2","truncated":false,"body_characters":6179}