10/17/16

 

8900.1 CHG 220

VOLUME 2  AIR OPERATOR AND AGENCY CERTIFICATION AND APPLICATION PROCESS

CHAPTER 2  GENERAL INFORMATION FOR AIR CARRIER CERTIFICATION AND FRACTIONAL OWNERSHIP APPLICATION

Section 6  Hazardous Materials or Dangerous Goods

2-246    BACKGROUND.

A.    Objective. This section provides guidance concerning Title 49 of the Code of Federal Regulations (49 CFR) on hazardous materials (hazmat) transportation. Principal inspectors (PI) should ensure that air agencies/carriers are aware of the 49 CFR regulations governing hazmat transportation by air. These regulations apply to the certificate holder’s shipment of hazmat. Air agencies/carriers should be aware that, as a hazmat employer, their compliance with the hazmat employee training requirements contained in 49 CFR part 172 subpart H is mandatory. The definitions of “hazmat employer” and “hazmat employee” can be found in 49 CFR part 171, 171.8. Also, the certificate holders must develop and implement a system that will allow the air agency/carrier to remain current with the regulations that are updated and/or changed.

B.    Hazmat Employee Training Requirements. Title 14 of the Code of Federal Regulations (14 CFR) part 145 repair stations located inside and outside the United States must meet the requirements of part 145,  145.53 and 145.57 regarding certifying the training of their hazmat employees. This is accomplished by issuing a letter to the Federal Aviation Administration (FAA) certifying that all their hazmat employees, contractors, and subcontractors have been trained in accordance with 49 CFR part 172 subpart H, or as outlined in the most current edition of the International Civil Aviation Organization (ICAO) Doc 9284, Technical Instructions for the Safe Transport of Dangerous Goods by Air, as applicable. All certificate management offices (CMO)/Flight Standards District Offices (FSDO) and International Field Offices (IFO) will accept, without further showing, the letter certifying that the appropriate employees are trained.

C.    Hazmat Recognition Program. Operators that choose not to carry hazmat must have a hazmat recognition program. (Refer to 14 CFR part 121 subpart Z, part 121 appendix O, part 135 subpart K, and paragraph 2-248 of this section.)

Indicates new/changed information.

2-247    RESPONSIBILITY FOR ACCEPTANCE/APPROVAL, SURVEILLANCE, AND COMPLIANCE OF HAZMAT PROGRAMS. The Office of Security and Hazardous Materials Safety (ASH), through the regional Hazardous Materials Branch Managers (HMBM), has oversight responsibility for an air carrier’s hazmat program. The HMBM is the technical expert and must evaluate all hazmat programs (see Volume 3, Chapter 51, Section 7). An operator’s hazmat program is contained in its hazmat manual and includes hazmat training.

A.    Certificate Responsibilities. PIs with certificate responsibilities for air carriers (parts 121 and 135) that use aircraft components or consumable materials that contain hazmat should ensure that air carriers include in their manuals, and provide appropriate personnel training on, the following information:

    Procedures and information to assist personnel (particularly maintenance, shipping, and storage personnel) to identify or recognize aircraft components and consumable materials that contain hazmat;

    Procedures and information on how these aircraft components or consumable materials are to be moved, stored, or handled within the facilities of the air agency, air carrier, or other air agency with whom they may be contractors;

    Procedures and information for determining the proper packaging, marking, labeling, and materials compatibility, including instructions for the safe movement, storage, and handling of aircraft components and consumable materials that contain hazmat while they are within their facilities, including such materials as chemical oxygen generators;

    Information, guidance, and precautions on the specific hazards associated with aircraft components and consumable materials containing hazmat that are to be moved, stored, or handled within their facilities; and

    Information, instructions, and detailed procedures for the proper disposal of unserviceable aircraft components and consumable materials containing hazmat.

B.    Procedures for Acceptance of Hazmat Training. When a principal operations inspector (POI) receives proposed or updated hazmat training from an operator, the POI should forward it to the HMBM. The HMBM evaluates the contents of the training and consults with the POI when necessary. The operator should coordinate with the HMBM as necessary to formulate satisfactory hazmat training. Once the HMBM is satisfied with the training, he or she will recommend it to the POI in writing for final acceptance. The POI then accepts the implementation of the training in accordance with part 121 subpart Z or part 135 subpart K. Hazmat training is usually included in the air carrier’s hazmat manual. The initial acceptance of the training is usually done at the same time as the review and acceptance of the hazmat manual.

C.    Procedures for Acceptance of Hazmat Manuals. Like other manuals, the hazmat manual is required by part 121, 121.135 and part 135, 135.23 and must be accepted by the POI. However, POIs must not accept this manual until the HMBM has evaluated it and recommended it for acceptance. When a POI receives a hazmat manual for review from an air carrier, the POI should forward it to the HMBM. The HMBM will review the contents of the manual and consult with the POI when necessary. The operator should coordinate with the HMBM as necessary to formulate a satisfactory hazmat manual. Once the HMBM is satisfied with the manual, he or she will recommend it to the POI in writing for acceptance. Only then may the POI accept the manual.

D.    Certificate Responsibilities for Part 145 Repair Stations. Each repair station that meets the definition of a hazmat employer under 49 CFR 171.8 must have a hazmat training program that meets the training requirements of 49 CFR part 172 subpart H. The hazmat training manual should be a separate manual for approval under 49 CFR part 172 subpart H and not included as a requirement of the FAA training manual required by 14 CFR 145.163. PIs are responsible for obtaining a letter from the repair station that meets the requirements of 14 CFR 145.53(c) or (d) and 145.57. Any other hazmat requirements are the responsibility of ASH through the HMBM.

NOTE:  PIs should ensure that repair stations are aware of the 49 CFR regulations governing hazmat transportation. Any hazmat training manual received from a repair station must be submitted to the HMBM.

2-248    HAZMAT INFORMATION REQUIREMENTS FOR OPERATORS NOT ACCEPTING HAZMAT. Operators who do not accept, handle, or store hazmat must provide procedures and instructions in the operator’s manual as follows:

    Procedures and instructions so that all personnel responsible for accepting and handling any cargo or packaged materials receive adequate training on the recognition of items classified as hazmat (adequate is defined in an operational sense to mean the demonstrated ability of required personnel to identify such items);

    Procedures and instructions so that no packages are accepted by the operator that contain hazmat;

    Procedures and instructions for reporting that damaged packages found to contain, or that are suspected of containing, hazmat or dangerous goods are reported in compliance with 49 CFR  171.15 and 171.16, and 49 CFR part 175, 175.31;

    Procedures and instructions to see that all Company Material (COMAT) containing hazmat will be offered to a different mode of transportation (e.g., ground) and/or an air carrier that is authorized to transport hazmat; and

    Procedures and instructions to see that any employee, agent, or contract employee of the air carrier who prepares and/or offers COMAT containing hazmat for shipment via any mode is fully trained as a hazmat shipper.

2-249    HAZMAT INFORMATION REQUIREMENTS FOR OPERATORS ACCEPTING HAZMAT. Operators who transport hazmat must provide instruction and procedures on the following basic subjects. The following information is background material for the aviation safety inspector (ASI) and does not supplant or provide guidance for an operator’s hazmat program. POIs may share this information when requested, but must see that the operator understands that the HMBM is the FAA authority with which the operator must work when developing, implementing, or changing a hazmat program.

NOTE:  See Table 2-6, Applicable Regulatory References, for a list of applicable regulatory references.

A.    Procedures and Instructions on Acceptance of Hazmat for Air Shipment. The operator’s instructions should contain the following information:

1)    The operator must properly package, mark, label, and document the material in accordance with the packaging rules. The total quantity must be within the quantity limitations, and the proper shipping papers, Department of Transportation (DOT) special permits, or competent authority acceptances must accompany the shipment, as determined by the inspection requirements for accepting shipments in 49 CFR part 175.
2)    The package may not leak or be damaged, and must be an authorized package in accordance with the applicable regulations.
3)    The package must either be authorized for carriage in passenger-carrying aircraft or labeled for cargo-only aircraft if it is not acceptable for passenger-carrying aircraft.
4)    The material must be identified by the proper shipping name, hazard class or division, identification number, and packing group, when required, in accordance with 49 CFR part 172 or the ICAO Technical Instructions.
5)    The package must be properly marked and labeled in accordance with 49 CFR or the ICAO Technical Instructions.
6)    The operator must review shipping papers to ensure that they entered all necessary information, including any additional information that may be required because of the commodity shipped, or because the method of transportation is related to air transportation.

B.    Storage of Hazmat. Operators should provide specific guidance on the storage of hazmat. This guidance should include instructions for Class 8 (corrosive), Class 7 (radioactive), and Class 6, Division 6.1 (poisonous) materials as discussed below:

1)    The storage of corrosive materials next to, or in contact with, Class 4, Division 4.2 or 4.3 (flammable) solids or Class 5, Division 5.1 (oxidizing) materials must be prevented. The segregation prescribed in 49 CFR 175.78 must be maintained for all packages containing hazmat that might react dangerously when stored in a position that causes or contributes to leakage.
2)    The storage of radioactive materials labeled “yellow II” and/or “yellow III” will not exceed a transport index (TI) of 50 in a single storage location. These materials are stored in an area that is isolated from people and does not permit pedestrian traffic or loitering. The minimum separation distances prescribed in 49 CFR 175.703 should be maintained between radioactive materials labeled “yellow II” and “yellow III” and packages of undeveloped film.
3)    Packages bearing a poison label will not be stored in the same location as foodstuffs, feeds, or any edible materials intended for consumption by either humans or animals.

C.    Loading of Hazmat. The operator should provide specific guidance for loading hazmat. This guidance should include:

    Loading of hazmat in aircraft in accordance with 49 CFR part 175 subpart B;

    Loading and carriage of hazmat in cargo-only aircraft, when other means of transportation are not available or impracticable, in accordance with 49 CFR 175.310, as revised;

    Loading of radioactive materials in aircraft in accordance with 49 CFR 175.700 to ensure that TI limitations are in accordance with the provision of 49 CFR 175.75 and that the operator transports radioactive packages in accordance with 49 CFR 175.701, 175.702, and 175.703;

    Loading of hazmat in cargo compartments or freight containers within cargo compartments, in accordance with 49 CFR 175.75; and

    A prohibition against loading packages bearing a poison label in the same compartment that holds foodstuffs, feeds, or any edible materials intended for consumption by humans or animals unless both commodities are in separate, closed-unit load devices known as freight containers.

D.    Written Notification of Pilot in Command (PIC). Operators must establish procedures for notifying the PIC when they are carrying hazmat onboard the aircraft, in accordance with 49 CFR 175.33.

E.    Reporting Hazmat Incidents. The hazmat information must include company procedures for reporting hazmat incidents, in compliance with 49 CFR 171.15 and 171.16, and should include the procedures for reporting discrepancies, in compliance with 49 CFR 175.31.

F.    Damage to Hazmat Packages. The operator must develop procedures for handling damaged packages in accordance with 49 CFR 175.90, radioactive contamination in accordance with 49 CFR 175.705, and substances in Class 6, Division 6.2 (infectious substances), as found in 49 CFR 175.630. The information should include a list of telephone numbers and addresses of organizations that can provide technical advice on cleanup techniques and precautions to minimize the possibility of injury to employees and the general public. Appropriate organizations for such advice include the following:

    CHEMTREC;

    The U.S. Department of Energy (DOE);

    A State public health department;

    A Federal or State office of hazmat regulation; and

    The Center for Disease Control and Prevention (CDC) of the U.S. Department of Health and Human Services (HHS).

2-250    COORDINATION. The POI may be required to act as a coordinator between the operator and the appropriate region’s security and hazmat divisions. HMBMs may be contacted regarding all aspects of the air transportation of hazmat.

2-251    SPECIAL PERMITS. When an operator applies for either an initial DOT special permit or the renewal of a special permit for the carriage of certain hazmat in air commerce, the PIs may need to assist the region’s security and hazmat division in reviewing the compliance history of the certificated operator. There are two types of DOT special permits: a special permit that is valid for 2 years and is obtained through the DOT standard special permit process, and an emergency special permit that is issued to the shipper who hires and provides the name of the air operator in the special permit. The emergency special permit is issued exclusively for one‑time‑only shipments.

Indicates new/changed information.

2-252    INVESTIGATIONS OF NONCOMPLIANCE. When an inspector becomes aware of an apparent hazmat deviation, he or she shall notify the appropriate HMBM and the appropriate POI. The hazmat special agents conduct inspections, surveillance, and investigations of the transportation of hazmat in air commerce operations.

2-253    SOURCES OF INFORMATION. The following regulations and publications pertaining to the safe transportation of hazmat are available electronically:

A.    National Sources. National sources of information pertaining to the safe transportation of hazmat are as follows:

1)    Title 14 CFR parts 91, 91 subpart K (part 91K), 121, 125, and 135 are applicable to air carrier, air taxi operations, and helicopter operations, and define the duties and responsibilities for conducting training programs and procedural manuals dealing with the air transportation of hazmat.
2)    Title 49 CFR parts 100 through 185 deal with the proper identification, classification, packaging, labeling, marking, and certification of hazmat transported in commerce.
3)    DOT Hazmat Web site: http://phmsa.dot.gov/hazmat.
4)    FAA Hazmat Web site: http://www.faa.gov/about/office_org/headquarters_offices/ash/ash_programs/hazmat/.
5)    ASH contact information: http://www.faa.gov/about/office_org/headquarters_offices/ash/ash_offices/index.cfm.

B.    ICAO Doc 9284, Technical Instructions for the Safe Transport of Dangerous Goods by Air. These technical instructions amplify the basic provisions of Annex 18 to the Convention on International Civil Aviation, and contain detailed instructions necessary for the safe international transport of dangerous goods by air. These instructions are issued in a 2-year edition in alternate Septembers, becoming effective the following January 1.

2-254    AMENDING AN AIR CARRIER’S MANUAL. Title 14 CFR part 119, 119.59 contains the FAA’s authority for inspecting an air carrier or conducting routine surveillance to ensure compliance with the air carrier’s manual requirements. Sections 121.131, 121.133(a), 121.135(b)(25), 135.21, and 135.23(p)(1), as appropriate, contain FAA authority for an air carrier manual change.

Table 2-6.  Applicable Regulatory References

SUBJECTS

REGULATORY REFERENCES

* Hazmat and Classifications

49 CFR parts 171 and 172

Shipping Paper and Certification Requirements

49 CFR part 172

* Packaging, Marking, and Labeling

49 CFR parts 171, 172, 173, 175, and 178

* Exceptions to the Regulations

49 CFR 175.10

Written Notification of PIC

49 CFR 175.33

* Reporting Hazmat Incidents/Discrepancies

49 CFR 171.15

49 CFR 171.16

49 CFR 175.31

Loading, Unloading, and Handling

49 CFR part 175 subpart B

Specific Regulations Applicable According to Classification of Material

49 CFR part 175 subpart C

Continuing Qualification and Maintenance of Packagings

49 CFR part 180

Hazmat Training Program

14 CFR part 121 subpart Z

Hazmat Training Requirements for Certificate Holders

14 CFR part 121 appendix O

Hazmat Training Program

14 CFR part 135 subpart K

NOTE:  * Operators who will not accept or transport hazmat or dangerous goods only have to train in these subjects.

NOTE:   In accordance with 49 CFR part 171 subpart C, the ICAO Technical Instructions can be used.

RESERVED. Paragraphs 2-255 through 2-270.