{"operation":"document","citation":"20-0041","title":"Tatonduk Outfitters Limited, dba Everts Air Cargo — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2020-08-06","effective_on":null,"summary":"20-0041 response to Tatonduk Outfitters Limited, dba Everts Air Cargo concerning 175.8, 175.9.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-20-0041.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-20-0041.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-20-0041","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/74256/200041.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\nAugust 6, 2020\nRobert Ragar\nV.P. Contractual Business & Hazardous Materials\nTatonduk Outfitters Limited, dba Everts Air Cargo\n5525 Airport Industrial Road\nFairbanks, AK 99709\nReference No. 20-0041\nDear Mr. Ragar:\nThis letter is in response to your May 11, 2020, email and subsequent telephone conversations\nrequesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180)\napplicable to the operation of research and testing equipment installed on an aircraft.\nSpecifically, you detail the following scenario and ask whether the operations are subject to the\nrequirements of the HMR:\n• ZeroGravity Corporation operates parabolic flights that create micro gravity\nenvironments;\n• During some of these flights, ZeroGravity Corporation supports governmental and\nprivate needs for research and testing in a micro gravity environment;\n• On these flights, research and testing platforms are installed on the aircraft. Some of\nthese platforms may contain various amounts of hazardous materials;\n• Prior to flight, these research and testing platforms comply with Engineering Orders,\nreceive approval from the Federal Aviation Administration (FAA) Designated Engineering\nRepresentative, comply with FAA Engineering Data Approval Form 8110-3, and are\ninspected by Required Inspection Item prior to flight; and\n• After receiving satisfactory determinations, these research and testing platforms are\ndeemed worthy for air transportation.\nThe answer is yes. Unless otherwise excepted, when the research and testing equipment contain\na hazardous material, the operations are subject to the HMR. The HMR does provide certain\nexceptions, including those for air transportation in part 175. For example, § 175.8 provides\nexceptions for operator equipment that is required aboard an aircraft in accordance with\napplicable airworthiness requirements and operating requirements. However, because the\nresearch and testing equipment is not required onboard the aircraft for the operational flight and\nairworthiness of the aircraft, it is not eligible for this exception. Additionally, § 175.9 provides\nexceptions for certain special aircraft operations when applicable FAA operator requirements\nhave been met. Again however, based on the scenario provided in your request, it does not\n1200 New Jersey Avenue, SE\nWashington, DC 20590\n\n<<<PAGE 2>>>\n\nappear that the operations meet any of these special aircraft operations.\nIf a person cannot comply with the requirements of the HMR or wishes to perform a function\nthat is not otherwise permitted under the HMR, a special permit would be required to perform\nthe functions, in accordance with 49 CFR part 107, subpart B.\nPlease note that the HMR only applies to the transportation of hazardous materials. Therefore,\nthe research and testing platforms must also comply with any additional air worthiness\nrequirements, in accordance with 14 CFR.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nDirk Der Kinderen\nChief, Standards Development Branch\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\nGeller\n20-0041\nFrom: INFOCNTR (PHMSA)\nTo: Hazmat Interps\nSubject: FW: Request for clarification and interpretation Zero-G\nDate: Thursday, May 14, 2020 3:35:21 PM\nAttachments: Letter for Interpretation 5-11-2020.doc\n20_5_Regar.docx\nHello Alice and Ikeya,\nPlease see the attached letter of interpretation request.\nPlease contact our office with any questions.\nThanks,\nKathryn (HMIC)\nFrom: Robert Ragar <RRagar@evertsair.com>\nSent: Tuesday, May 12, 2020 3:10 PM\nTo: INFOCNTR (PHMSA) <INFOCNTR.INFOCNTR@dot.gov>\nCc: Robert Ragar <RRagar@evertsair.com>\nSubject: Request for clarification and interpretation Zero-G\nDear PHMSA,\nFollowing a conversation with Sarah, I am attaching a letter requesting guidance and interpretation\non the applicability of certain 49CFR parts with certain aspects of installed systems on an aircraft.\nPlease contact me if you have any questions or need further clarification, and to let me know your\ninterpretation.\nSincerely,\nRobert Ragar\nV.P. Contractual Business & Hazardous Materials\nTatonduk Outfitters Limited, dba Everts Air Cargo\nFairbanks, AK 99709\n907-450-2349, FAX 907-450-2320\nrragar@evertsair.com\n\n<<<PAGE 4>>>\n\nMr. Shane Kelley\nDirector, Standards and Rulemaking Division\nU.S. DOT / PHMSA (PHH-10)\n1200 New Jersey Avenue, SE East Building, 2nd Floor\nWashington, DC 20590\nRe: Request for clarification and guidance / interpretation\nDear Mr. Kelley, 11 May 2020\nTatonduk Outfitters Limited dba Everts Air Cargo, operates a specially equipped jet aircraft that\nconducts parabolic flights to create micro gravity environments. The clarification needed from\nPHMSA is whether or not the current engineering, review, and airworthiness authorization\nprocess appropriately covers this type of program, or whether a Special Permit is additionally\nrequired (above and beyond the airworthiness engineering process)?\nHistorically, these flights were conducted by NASA for astronaut training, and scientific\nresearch and testing in reduced or zero gravity environments (micro gravity). These flights are\nnow conducted commercially through an organization called ZeroGravity Corporation, which\ndeveloped a program specifically for this need. The commercial program now supports both\ngovernmental and private needs for research and testing in micro gravity environments.\nDuring the testing and research process, many scientific lab equipment structures are\ndesigned and built to support (and achieve), the research/testing goals. These\nresearch/testing platforms requiring the micro gravity environment are designed by the science\nlabs in collaboration with the airline to ensure that they meet or exceed aviation airworthiness\nstandards.\nAll of the research and testing platforms for installed equipment onboard an aircraft must be in\ncompliance with Engineering Orders, receive approval from the FAA Designated Engineering\nRepresentative (DER), comply with FAA Engineering Data Approval Form 8110-3, and be\ninspected by Required Inspection Item (RII) prior to flight. Following all satisfactory\ndeterminations throughout this process, the equipment become part of the airworthiness of the\naircraft.\nPage 1 of 3\n\n<<<PAGE 5>>>\n\nSome of the research & testing platforms may contain various amounts of regulated materials\n(dangerous goods when transported in commerce). However, these materials are designed\nand incorporated into the research/testing platforms as part of those structures, and go through\nthe complete Engineering Approval process prior to being installed on the aircraft (as part of\nthe aircraft). Prior to aircraft installation, when these regulated items are transported in\ncommercial transportation, they are packaged, marked, labeled, declared according to their\nbasic description at that time (for any mode of transportation when applicable), and in full\ncompliance with 49 CFR.\nAll subject matter experts involved with the research / testing phase of a flight undergo\nbackground checks, training, and testing, prior to accompanying a flight. Company\nCoaches/Flight Attendants accompany persons during all flights to ensure a high level of\nsafety and security during the flight. All of the Coaches/Flight Attendants are trained on the\nsequence and methods used for the research and testing, and supervise the individuals\ninvolved to ensure that conduct and activities do not deviate from the safety parameters for\nthose tasks. Pilots are involved with the engineering & planning development, mission\npreparation, safety, security and quality control briefings before any flight, so they are\nknowledgeable of all aspects of the mission, and what is on their aircraft throughout the whole\nprocess.\nRecently, an FAA official familiar with 49 CFR Transportation of Dangerous Goods, questioned\nEverts Air Cargo on how the packaging, marking, labeling and other requirements in 49 CFR,\nwere being complied with (for those items that are listed in the 172.101 table), and installed in\nthese research / testing platforms. The Company explained that the compliance was through\nthe engineering and authorization process i.e. the various dangerous goods were designed\ninto the research & testing platforms. However, it was suggested that perhaps a Special\nPermit for the Airline, as well as, the Astronauts and Scientists, may be required.\nThis program has several manuals that outline the processes and conduct of the operations,\nwhich have all been accepted and approved by FAA subject matter experts. Clarification or\ninterpretation is needed from PHMSA as to whether or not a Special Permit is additionally\nrequired.\nYour response to the above request is appreciated. If you have any questions, please don’t\nhesitate to contact me.\nRegards,\nRobert Ragar\nV.P. Contractual Business & Hazardous Materials\nTatonduk Outfitters Limited, dba Everts Air Cargo\n5525 Airport Industrial Road\nFairbanks, AK 99709\nPhone 907-450-2349, fax 907-450-2249\nrragar@evertsair.com\nPage 2 of 3\n\n<<<PAGE 6>>>\n\nBYTITTERS\nd/b/a Everts Air Alaska, d/b/a/ Everts Air Cargo • P.O. Box 61680, Fairbanks, AK 99706-1680 • (907) 450-2345, fax: (907) 450-2320 • www.evertsair.com\nPage 3 of 3","truncated":false,"body_characters":9293}