Interpretation Response #03-0105 ([Chautauqua Airlines] [Mr. John E. Martiney])

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

Interpretation Response Details

Response Publish Date: 07/29/2003

Company Name: Chautauqua Airlines

Individual Name: Mr. John E. Martiney

Location State: IN Country: US

View the Interpretation Document

Response text:

Jul 29, 2003

Mr. John E. Martiney               Reference No. 03-0105

Manager, Hazmat Compliance

Chautauqua Airlines

2500 S. High School Rd, Suite 160

Indianapolis, IN 46241

Dear Mr. Martiney:

This is in response to your April 18, 2003 letter, requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to hazardous materials training.  Specifically, you state your company is a regional air carrier operating under code-sharing agreements with major carriers and utilizes contractors to load passengers and baggage into your aircraft in the United States and Canada.  You state your company does not transport dangerous goods, but does transport the excepted materials found in § 175.10 of the HMR.  You state your company trains the instructors of the contract company in the recognition and exceptions of hazardous materials.  You question if it is the responsibility of your company to train, monitor and maintain training records for each employee of the contract company in compliance with the HMR

The answer is no.  It is the opinion of this Office that if your company does not transport hazardous materials in commerce, transports only the excepted materials found in § 175.10, or otherwise does not meet the definition of a hazmat employer, your company is not subject to the training requirements of the HMR.  A "will not" carry airline is not subject to HMR training.  However, employee training on hazardous materials recognition and exceptions is a requirement of the Federal Aviation Administration even when the provisions of § 175.10 are utilized.

I hope this information is helpful.  If we can be of further assistance, do not hesitate to contact us.

Sincerely,

Susan Gorsky

Senior Transportation Regulations Specialist

Office of Hazardous Materials Standards

175.10

Regulation Sections