Events Air Cargo — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue, SE Washington, D.C. 20590 DEC 0 5 2012 Mr. Vincent F. Staregowski Hazmat Specialist Events Air Cargo 6111 Lockheed Anchorage, AK 99518 Reference No.: 12-0200 Dear Mr. Staregowski: This is in response to your September 05, 2012 email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). You present a scenario in which you utilize an electric battery- powered pallet jack to move pallets from the door of the aircraft to their assigned position on the aircraft. The pallet jack then travels with the aircraft and is utilized to move pallets back to the door for offload at destination. Finally the pallet jack returns with the aircraft to its final destination. You ask if shipping papers are required for the movement of this pallet jack. As specified in§ 175.8(a)(2), hazardous materials required aboard an aircraft in accordance with the applicable Federal Aviation Administration (FAA) airworthiness requirements and operating regulations are excepted from the requirements of the HMR. If the pallet jack is not eligible for the exception in§ 175.8(a)(2) requirements for transporting battery- powered equipment for transportation by aircraft are found in§ 173.220. Various exceptions are also provided in§ 173.220(h). It should be noted that shipping papers are not excepted for battery- powered machinery when offered for transport by aircraft. I trust this satisfies your inquiry. Please contact us if we can be of further assistance. Delmer Billings OV /)_L~ Senior Regulatory Advisor Standards and Rulemaking Division#

Page 2Drakeford, Carolyn (PHMSA) From: INFOCNTR (PHMSA) Sent: To: Wednesday, September 05, 2012 5:10PM Drakeford, Carolyn (PHMSA) Subject: FW: BATTERY POWERED EQUIPMENT. Carolyn, We received the following request for a formal letter of interpretation. Thanks, Victoria From: Vincent Staregowski [mailto:anccarS@evertsair.coml Sent: Tuesday, September 04, 2012 2:33 PM To: INFOCNTR (PHMSA) Cc: Vincent Staregowski Subject: BATTERY POWERED EQUIPMENT. Everts Air Cargo 6111 Lockheed Anchorage, Alaska 99518 I am an air carrier who on occasion utilizes A electric pallet jack (battery powered equipment) to move pallets from the door or the aircraft to its assigned position on the aircraft. The pallet jack travels with the aircraft and again it it utilized to move the pallets back to the door for offload at destination. The pallet jack returns with the aircraft back to Anchorage, My question: are shippers papers required as this pallet jack is aircraft equipment and not moving in commerce.?? Please answer in letter of interpretation so I may file the correct requirement. Thank you Vincent F Staregowski Hazmat Specialist Everts Air Cargo. 1#