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Interpretation Response #03-0129 ([Midwest Express Airlines] [Mr. David Puhl])

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

Interpretation Response Details

Response Publish Date:

Company Name: Midwest Express Airlines

Individual Name: Mr. David Puhl

Location State: WI Country: US

View the Interpretation Document

Response text:

Apr 13, 2004

 

Mr. David Puhl               Reference No.  03-0129
Air Cargo Trainer
Midwest Express Airlines
301 Air Cargo Way
Milwaukee, Wisconsin 53207

Dear Mr. Puhl:

This responds to your letter regarding pilot notification under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180).  Specifically, you ask if hazardous materials excepted under § 175.10(a) (4) are subject to the notification of pilot-in­-command requirements of § 175.33. Your airline is certificated under 14 CFR Part 121 and is designated as a “non-carry” airline with regard to the transportation of hazardous materials.  Your airline does, however, notify the pilot-in-command in writing as required for specific circumstances identified in § 175.10(a) (4). Please accept my apology for the delay in responding to your inquiry and any
 inconvenience it may have caused.

The answer is no.  Unless specifically identified in § 175.10, hazardous materials carried aboard an aircraft by a passenger or crew member under the exceptions prescribed in § 175.10(a) (4) are not subject to the requirements of the HMR.  Thus, a carrier of such items is not subject to the notification of pilot-in-command requirements of § 175.33.

I trust this satisfies your inquiry.  Please contact us if you require further assistance.

 

Hattie L. Mitchell
Chief, Regulatory Review and Reinvention
Office of Hazardous Materials Standards

175.10, 175.33

Regulation Sections