{"operation":"document","citation":"CHI-15-0167","title":"Bruce D. Green — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2015-09-02","effective_on":null,"summary":"CHI-15-0167 concerning 171.1, 171.8, 175.1.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-chi-15-0167.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-chi-15-0167.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-chi-15-0167","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/Hazmat/ChiefCounsel/CHI-15-0167.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nZone E26 (PHC-10)\n1200 New Jersey Avenue, S.E.\nWashington, D.C. 20590-0001\nPipeline and Hazardous\nPhone: (202) 366-4400\nMaterials Safety\nOffice of\nFax: (202) 366-7041\nAdministration\nChief Counsel\nHazardous Materials Safety Law\nDivision\nLETTER OF INTERPRETATION\nSeptember 2, 2015\nBruce D. Green, P.A.\n1313 South Andrews Avenue\nFort Lauderdale, Florida 33316\nReference No.: 15-0167\nDear Mr. Green:\nThis responds to your letter of January 26, 2015 requesting clarification on the\njurisdiction of 49 CFR Part 175., Hazardous Materials Regulations (HMR), Carriage by Aircraft,\nunder various factual scenarios. In a response letter of April 27, 2015, the Federal Aviation\nAdministration (FAA) informed you that our office, the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) would address your letter since your request raises a question of legal\ninterpretation regarding the HMR that are promulgated under PHMSA's delegated authority. In\nyour letter, you specifically ask whether certain aircraft can carry hazardous materials without\ncomplying with the provisions of 49 CFR Part 175.\nUnder 49 CFR § 171.1, \"Federal hazardous materials transportation law (49 U.S.C.\n§5101 et seq.) directs the Secretary of Transportation to establish regulations for the safe and\nsecure transportation of hazardous materials in commerce, as the Secretary considers appropriate.\nThe Secretary is authorized to apply these regulations to persons who transport hazardous\nmaterials (and who cause hazardous materials to be transported) in commerce.\" Commerce is\ndefined under 49 CFR § 171.8 as \"trade or transportation in the jurisdiction of the United States\nwithin a single state; between a place in a state and a place outside of the state; that affects trade\nor transportation between a place in a state and place outside of the state; or on a United States-\nregistered aircraft.\"\nIn your letter, you request clarification as to whether a U.S. registered aircraft, under six\ndifferent scenarios, may carry hazardous materials without complying with the provisions of 49\nCFR Part 175. Specifically, 49 CFR § 175.1(b) notes that \"this part applies to the offering,\nacceptance, and transportation of hazardous materials in commerce by aircraft to, from, or within\n\n<<<PAGE 2>>>\n\nthe United States, and to any aircraft of United States registry anywhere in air commerce.\"\nFurther, 49 CFR § 175.1(a) notes that \"the requirements in this part are in addition to other\nrequirements contained in parts 171, 172, 173, 178, and 180 of this subchapter.\" Therefore, any\nU.S. registered aircraft carrying hazardous materials must comply with 49 CFR Part 175 as well\nas the other applicable parts of the HMR.\nFinally, in paragraph seven (7) of your letter, you ask:\n\"May a privately owned foreign registered aircraft operated pursuant to the provisions of\n14 CFR Part 91 and not for compensation or hire, which is being managed by a U.S. management\ncompany, is piloted by a current and qualified pilot for that management company, in which the\npilot is being compensated by that management company, carry Hazardous Materials without\ncomplying with the provisions of 49 CFR Part 175?\" 1\nThe foreign registration of the aircraft in this scenario is not determinative of whether the\nHMR applies. Rather, applicability of the HMR depends on whether the operator - a U.S.\nmanagement company - \"cause[s] hazardous materials to be transported in commerce.\" See 49\nCFR $$ 171.1 and 175.1(b). Given the breadth of the definitions of \"commerce\" and\n\"transportation\" in 49 CFR § 171.8, the U.S. management company operating the flight would be\nsubject to the requirements of the HMR as it would be causing the transportation of hazardous\nmaterials from one place to another within the U.S. See 49 CFR § 171.1.\nAccordingly, under 49 CFR §§ 171.8, and 175.1(b), if the aircraft is carrying hazardous\nmaterials \"in the jurisdiction of the United States\" or \"to, from, or within the United States\"\nrespectively, it must comply with 49 CFR Part 175 as well as the other applicable parts of the\nHMR. As we have previously clarified in letters of interpretation Ref. No. 14-0021 and Ref. No.\n14-0212, the jurisdiction of the United States includes the airspace.\nI trust this information is helpful. If you have further questions, please do not hesitate to\ncontact this office.\nSincerely,\nJar solony\nSenior Assistant Chief Counsel for\nHazardous Materials Safety\nWe note your assertions that the described operation is conducted in accordance with 14 CFR Part 91, and is\nadditional detail regarding the intended operation or the U.S. management company, we assume for purposes of\nthat the U.S. management company complies fully with applicable FAA regulations.","truncated":false,"body_characters":4767}