Interpretation Response #00-0147 ([Scenic Airlines, Inc.] [Mr. Tom O'Dell])

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

Interpretation Response Details

Response Publish Date: 09/29/2000

Company Name: Scenic Airlines, Inc.

Individual Name: Mr. Tom O'Dell

Location State: NV Country: US

View the Interpretation Document

Response text:

September 29, 2000

Mr. Tom O'Dell                Ref. No. 00-0147

Director of Training

Scenic Airlines, Inc.

2705 Airport Drive

North Las Vegas, NV 89030

Dear Mr. O'Dell:

This is in response to your letter regarding the transportation of air carrier company materials (COMAT) under the Hazardous Materials regulations (HMR; 49 CFR Parts 171-180).  You inquire whether an air carrier, who has elected not to carry hazardous materials, may transport items of replacement that are subject to the HMR on their passenger carrying aircraft.

Part 175 of the HMR applies to the acceptance, loading, and transportation of hazardous materials in any aircraft in the United States and in aircraft of U.S. registry anywhere in air commerce.  Section 175.10(a)(2) of the HMR contains certain limited exceptions for hazardous materials required in accordance with applicable airworthiness requirements and operating regulations under 14 CFR.  In addition, this section contains limited exceptions to the packaging requirements of the HMR for COMAT items of replacement (spares) for these hazardous materials.  An air carrier who transports COMAT is subject to the training, marking, labeling, shipping paper and certification, package quantity and compartment limitations, discrepancy and incident reporting, and notification of pilot-in-command requirements of the HMR.  See enclosed advisory guidance Notice No. 96-25 (61 FR 65479; December 13,1996) and other informational materials.

Under the Federal Aviation Regulations, an air carrier that transports COMAT must have an FAA approved hazardous materials (dangerous goods) program or it must offer the COMAT to another carrier authorized to transport hazardous materials.  To obtain additional information concerning the transportation of COMAT or to inquire about hazardous materials program approval, you may contact the FAA Civil Aviation Security Dangerous Goods Program office at (202)267-7530 or visit their Internet website at http://cas.faa.qov/cas/dgp.htm.

I trust this answers your questions.  Please contact us if we can be of further assistance.

Sincerely,

Hattie L. Mitchell

Chief, Regulatory Review and Reinvention

Office of Hazardous Materials Standards

175.10

Regulation Sections