Interpretation Response #06-0103 ([Law Offices of Michael J. Pangia, P.C.] [Mr. Michael J. Pangia])

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

Interpretation Response Details

Response Publish Date: 06/30/2006

Company Name: Law Offices of Michael J. Pangia, P.C.

Individual Name: Mr. Michael J. Pangia

Location State: DC Country: US

View the Interpretation Document

Response text:

Jun 30, 2006

Mr. Michael J. Pangia                 Reference No. 06-0103

Law Offices of Michael J. Pangia, P.C.

1717 N Street, NW

Washington, DC 20036-2801

Dear Mr. Pangia:

This is in response to your April 24, 2006 letter regarding transportation of hazardous materials by aircraft under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask if hazardous materials transported aboard aircraft op on a special flight permit under 14 CFR Part 91 are subject to the HMR.

If the flight is for the furtherance of a commercial purpose, even if there are no commercial goods or passengers on board, the oxygen cylinders and paint described in your letter are subject to the HMR. In addition, if the owner of the aircraft is employing a pilot to operate the aircraft, the hazardous materials on board are subject to the HMR. Aircraft owned and piloted by a private citizen transporting his or her own hazardous materials for personal use is not considered to be "in commerce" and therefore is not subject to the HMR. "We suggest you contact the Federal Aviation Administration concerning questions about 14 CFR Part 91 and special flight permits.

I hope this information is helpful. If you have further questions, please do not hesitate to contact this office.

Sincerely,

Hattie L. Mitchell

Chief, Regulatory Review and Reinvention

Office of Hazardous Materials Standards

175.10(a)

Regulation Sections