Interpretation Response #12-0192 ([Windward Aviation, Inc.] [Mr. Don Shearer])

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

Interpretation Response Details

Response Publish Date: 12/20/2012

Company Name: Windward Aviation, Inc.

Individual Name: Mr. Don Shearer

Location State: HI Country: US

View the Interpretation Document

Response text:

December 20, 2012

Mr. Don Shearer
Director of Operations
Windward Aviation, Inc.
P.O. Box 596
Pu'unene, HI  96784

Reference No. 12-0192

Dear Mr. Shearer:

This is in response to you August 30, 2012 e-mail requesting clarification on § 175.9(b)(4), titled "Special Aircraft Operations," and § 175.310(a), titled "Transportation of flammable liquid fuel; aircraft only means of transportation," of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180).  Specifically, you ask whether "UN 1863, Fuel aviation, turbine, Class 3 (flammable liquid), Packing Group (PG) II or III," also described as Jet A fuel, is regulated under §§ 175.9(b)(4) of the HMR when transported by helicopter (rotorcraft) in support of firefighting and search and rescue operations.    

In your letter, you state the fuel is transported over water and uncongested land areas in conformance with 14 CFR § 133.33 (d) and (e) of the Federal Aviation Regulations from Maui to the neighboring islands of Lanai, Kahoolawe, and Molokai in two 55-gallon drums in a sling load suspended externally under the helicopter.  You also state these locations have no other way to receive this fuel, this material is considered airline company material (COMAT), which is material that belongs to the airline and is not manifested as freight, and that the Federal Aviation Administration's (FAA's) Honolulu Flight Standards District Office (FSDO) has asked your company to obtain a special permit from the Pipeline and Hazardous Materials Safety Administration (PHMSA) to perform this operation.

The HMR apply to the transportation of hazardous materials in commerce.  Routine transport of hazardous materials by rotorcraft must be approved in accordance with § 175.9(a) and (b).  Note that § 175.9(b)(4) excepts from regulation under the HMR the transportation, including training on proper handling and stowage, and use of hazardous materials by aircraft during dedicated air ambulance, firefighting, or search and rescue operations when applicable FAA operator requirements have been met, including training operator personnel on the proper handling and stowage of the hazardous materials carried.  If these conditions are not met, rotocraft operations are fully subject to applicable FAA regulations and the HMR prescribed in 14 CFR and 49 CFR, respectively.  

You also ask how § 175.310(a) of the HMR applies to Jet A fuel when transported by helicopter (rotorcraft) in support of firefighting and search and rescue operations.  Section 175.310(a) permits PG II and III flammable liquid fuels to be transported aboard passenger and cargo aircraft without regard to the required packaging and quantity limits prescribed in Columns 7, 8, and 9 of the Hazardous Materials Table (§ 172.101 Table) by aircraft if other means of transportation are not physically possible (impracticable) or cannot be performed by routine and frequent means of transportation due to extenuating circumstances.  Section 175.310(a) of the HMR does not apply to the routine transport of hazardous materials and cannot be invoked due to a desire for expedience of a shipper, carrier, or consignor. 

I hope this satisfies your request.

Sincerely,

T. Glenn Foster
Chief, Regulatory Review and Reinvention Branch
Standards and Rulemaking Division

175.9

Regulation Sections