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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

Section Subject
175.10 Exceptions for passengers, crewmembers, and air operators
175.33 Shipping paper and notification of pilot-in-command