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Interpretation Response #09-0128 ([Freight Runners Express, Inc.] [Mr. Patrick Hammer])

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

Interpretation Response Details

Response Publish Date:

Company Name: Freight Runners Express, Inc.

Individual Name: Mr. Patrick Hammer

Location State: WI Country: US

View the Interpretation Document

Response text:

April 9, 2010




Mr. Patrick Hammer

Freight Runners Express, Inc.

1901 E. Layton Avenue

Milwaukee, WI 53207

Ref. No. 09-0128

Dear Mr. Hammer:

This responds to your May 15, 2009 request for clarification of §§ 175.33 and 175.75 in the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180.) Specifically, you ask for clarification of the definitions for "readily available" in § 175.33(c)(3) and "small aircraft" in

§ 175.75(e)(4).

For hazardous materials transported by aircraft, § 175.33(c) requires an aircraft operator to retain a copy of the shipping paper and notification of pilot in command and to have the information readily accessible at the airport of departure and airport of intended arrival for the duration of the flight. For purposes of this section, "readily available" means available for use to the personnel on duty at the airport of departure and the airport of arrival while the aircraft is in flight. You may need to make special arrangements with the airports in question to ensure that airport personnel receive the information and can make it available to emergency response personnel in the event of an incident.

Section 175.75(e) provides exceptions from certain loading and segregation requirements for certain types of hazardous materials shipments. Paragraph (e)(4) refers only to those packages carried on a small, single-pilot, cargo aircraft. You also asked whether a "small aircraft" meant an aircraft weighing 12,500 pounds and under, or an aircraft with only one pilot. A "small aircraft" has the same meaning as specified in the Federal Aviation Administration regulations at 14 CFR, Part 1, which define a small aircraft as one that is less than 12,500 lbs maximum certificated takeoff weight.

I hope this answers your inquiry.


Charles E. Betts

Chief, Standards Development

Office of Hazardous Materials Standards

175.33(c)(3), 175.75(e)(4).

Regulation Sections

Section Subject
175.33 Shipping paper and notification of pilot-in-command
175.75 Quantity limitations and cargo location