Interpretation Response #06-0212 ([Ameriflight, Inc.] [Mr. Matt Payne])

Below is the interpretation response detail and a list of regulations sections applicable to this response.

Interpretation Response Details

Response Publish Date: 10/26/2006

Company Name: Ameriflight, Inc.

Individual Name: Mr. Matt Payne

Location State: CA Country: US

View the Interpretation Document

Response text:

Oct 26, 2006

Mr. Matt Payne                                                     Reference No. 06-0212

Hazardous Materials Program Manager

Ameriflight, Inc.

4700 Empire Avenue

Hanger #1

Burbank, CA 91505

Dear Mr. Payne:

This is in response to your September 12, 2006 letter requesting clarification of the quantity limitations and cargo location requirements under § 175.75 of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask if the exception § 175.75(e)(4) may be used by small aircraft that require a two-pilot crew or carry persons other than those listed in (e)(4)(i), such as a first officer or a jumpseat passenger.

On March 22, 2006 we published a final rule under Docket HM-228 entitled "Hazardous Materials: Revision of Requirements for Carnage by Aircraft," which became effective on October 1, 2006. The rulemaking added a new § 175.75(e)(4) which originated from previous § 175.85(c)(3) (see HMR revised as of October 1, 2005). Under the requirements redesignated as § 175.75(e)(4), packages of hazardous materials are eligible for exceptions from accessibility requirements in § 175.75(c) and (d) if they are carried on small, single pilot, cargo aircraft and meet the provisions of paragraphs (e)(4)(i)-(iii).

You ask if it is acceptable for an aircraft to include two pilots, first officer, or jumpseat passenger and still take advantage of the exception in § 175.75(e)(4). The answer is no. Paragraph (e)(4)(i) clearly states that the aircraft may not carry any person other than the pilot, an FAA inspector, the shipper or consignee of the material, a representative of the shipper or consignee so designated in writing, or a person necessary for handling the material. Therefore, you may not use the exception in § 175.75(e)(4) when the aircraft carries an additional pilot, first officer, or jumpseat passenger.

I hope this information is helpful. Please contact us if you require additional assistance.

Sincerely,

John A. Gale

Chief, Standards Development

Office of Hazardous Materials Standards

175.75(e)(4)

Regulation Sections