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
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
stations located inside and outside the United States must meet the requirements of part
§§ 145.53 and
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
K, and paragraph 2-248 of this section.)
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
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
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
121.135 and part
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
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 §
are responsible for obtaining a letter from the repair station that meets the requirements of 14 CFR §
145.53(c) or (d) and §
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:
· 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.
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 subpart K (part
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.
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
the FAA’s authority for inspecting an air carrier or conducting
routine surveillance to ensure compliance with the air carrier’s manual requirements. Sections
135.23(p)(1), as appropriate,
contain FAA authority for an air carrier manual change.
Table 2-6. Applicable 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
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.