Interpretation Response #07-0167
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Oct 11, 2007
Mr. Frederick W. Klein Ref No.: 07-0167
Hazardous Materials Officer
Smith Reynolds Airport
3821 North Liberty Street
Winston-Salem, NC 27015
Dear Mr. Klein:
This is in response to your letter dated August 20, 2007 in regard to hazardous materials carried on board an aircraft under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask if 20 oz cans of flammable aerosols, used as anti-icing additive for your aircraft fuel, are excepted from the HMR.
In accordance with § 175.8(a)(2), hazardous materials required aboard an aircraft in accordance with the applicable airworthiness requirements and operating regulations are excepted from the requirements of the HMR. Therefore, if the aerosols cans of anti-icing additive are required aboard the aircraft by airworthiness requirements or operating regulations provided by the Federal Aviation Administration, these items would not be subject to the HMR. If the FAA does not require the carriage of the aerosol cans, then the exceptions in § 175.8(a)(2) do not apply and the aerosol cans of anti-icing additive are subject to the requirements of the HMR.
I hope this information is helpful. If you have further questions, please do not hesitate to contact this office.
John A. Gale
Chief, Standards Development
Office of Hazardous Materials Standards
|§ 175.8||Exceptions for operator equipment and items of replacement|