Interpretation Response #06-0073 ([Netjets, Inc.] [Mr. D. Richard Meikle])

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

Interpretation Response Details

Response Publish Date: 06/14/2006

Company Name: Netjets, Inc.

Individual Name: Mr. D. Richard Meikle

Location State: OH Country: US

View the Interpretation Document

Response text:

Jun 14, 2006

Mr. D. Richard Meikle                 Reference No. 06-0073

Vice President

Safety and

Government Relations

Netjets, Inc.

4111 Bridgeway Avenue

Columbus, OH 43219

Dear Mr. Meikle:

This responds to your letter requesting clarification of the requirements for transporting hazardous materials aboard an aircraft under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask whether a "will not carry" operator under the Federal Aviation Administration"s (FAA) Hazardous Materials Division may carry small amounts of safety matches for passenger use while in flight. Your airline is a CFR 14 Parts 91 and 135 charter operator and it permits the use of lighted tobacco products by passengers in flight.

If you are transporting passengers "in commerce," the answer to your question is no. The HMR apply to the transportation of hazardous materials in commerce. In your particular scenario, "commerce" means transporting a hazardous material (the matches) in support of a commercial enterprise (revenue passengers). Because § 175.10 does not permit the excepted carriage of safety matches by an aircraft operator in commerce and a "will not carry" aircraft operator may not transport hazardous materials in commerce not otherwise

excepted in § 175.10, the matches would not be permitted aboard the aircraft.

I trust this satisfies your inquiry. 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 (a)(10)

Regulation Sections