3/12/15

 

8900.1 CHG 89

Volume 3  general technical administration

chapter 51  part 133 external load operations

Section 7  Authorize Carriage of Hazardous Materials

3-4212    PROGRAM TRACKING AND REPORTING SUBSYSTEM (PTRS) ACTIVITY CODE. 1303.

3-4213    OBJECTIVE. This section provides guidance for authorizing carriage of hazardous materials (hazmat) by a Title 14 of the Code of Federal Regulations (14 CFR) part 133 operator.

3-4214    BACKGROUND. This section provides guidance concerning the applicability and use of Title 49 of the Code of Federal Regulations (49 CFR) when operators are accepting, handling, or transporting hazmat in air transportation. Principal inspectors (PI) should ensure that part 133 operators are aware of the 49 CFR regulations governing hazmat transportation by air. These regulations apply to the hazmat-related functions a certificate holder may perform in the movement of hazmat. Operators should be made aware that as a hazmat employer, their compliance with the hazmat employee training requirements contained in 49 CFR part 172 subpart H, is mandatory. All operators who transport hazmat inside, attached to, or suspended from a rotorcraft, i.e., by external-load, are “hazmat employers.” 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 operator to remain current with these regulations as they change.

A.    Operator Requests. While compliance with 49 CFR was always mandatory, the FAA previously specified hazmat program requirements only for air carriers under 14 CFR parts 121 and 135. The FAA recently received several requests from part 133 operators, through the Department of Transportation (DOT) Pipeline and Hazardous Materials Safety Administration (PHMSA), seeking authorization to carry hazmat, including forbidden hazmat as defined in 49 CFR part 172, § 172.101. The FAA Office of Hazardous Materials requested a legal interpretation from the Chief Counsel as to whether such transport was permissible under the provisions of part 133.

B.    Legal Interpretation. The legal interpretation considers that the transport of hazmat, especially forbidden hazmat, in external load operations may create “a hazard to persons or property on the surface,” which is not permitted under 14 CFR § 133.33(d) and (e). The interpretation specifies that operators authorized to conduct external load operations must have a plan to mitigate the hazards created by the transport of hazmat, which includes ensuring that only personnel trained to accept, handle, and transport such materials in the unique operating environments of part 133 operations conduct these operations. Flight Standards (AFS) has determined that the best way to implement this plan to mitigate hazards is to require a hazmat program similar to that required for air carriers.

NOTE:  While operators are encouraged to have a program with training that permits them to carry any authorized hazmat and then self-limit what they accept, operators that choose not to carry hazmat must still have a hazmat recognition program with appropriate training.

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3-4215    RESPONSIBILITY FOR ACCEPTANCE/APPROVAL, SURVEILLANCE, AND ENFORCEMENT OF HAZMAT PROGRAMS. The Office of Security and Hazardous Materials (ASH), through the regional Hazardous Materials Branch Manager (HMBM), has oversight responsibility for an operator’s hazmat program. The HMBM is the technical expert and must evaluate all hazmat programs. (Please visit http://www.faa.gov/about/office_org/headquarters_offices/ash/ash_offices/ for a list of FAA HMBMs.) An operator’s hazmat program is contained in its hazmat operations manual and includes hazmat training.

A.    Certificate Responsibilities. PIs with certificate responsibilities for part 133 operators that use aircraft components or consumable materials that contain hazmat should ensure that operators include in their manuals, and provide appropriate personnel training on, the following information:

·    Procedures and information to assist personnel (particularly maintenance, shipping, and stores 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 operator, air carrier, or other air agency with whom they may be contractors;

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

·    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 Approval of Hazmat Training. When a principal operations inspector (POI) receives a proposed or updated hazmat training program from an operator, the POI should forward it to the HMBM. The HMBM evaluates the contents of the training program and consults with the POI when necessary. The operator should coordinate with the HMBM as necessary to formulate a satisfactory hazmat training program. Once the HMBM is satisfied with the training program, the HMBM will recommend it to the POI in writing for final approval. The POI then approves the implementation of the training program. The hazmat training program is usually included in the operator’s hazmat operations manual. The POI usually approves the training program during the review and acceptance of the hazmat manual.

C.    Procedures for Approval of Hazmat Manuals. 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 operator, 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, the HMBM will recommend it to the POI in writing for acceptance. Only then may the POI accept the manual.

D.    Procedures for Approval of Rotorcraft Load Combination Flight Manual (RLCFM). Operators must revise their RLCFM to incorporate procedures related to the carriage of hazmat, including normal, abnormal, and emergency procedures appropriate to the operation. The POI must review and approve all changes.

3-4216    HAZMAT INFORMATION REQUIREMENTS FOR OPERATORS NOT ACCEPTING HAZMAT. Operators who do not accept, handle, or transport hazmat are still responsible for compliance with 49 CFR parts 100‑185. AFS is not responsible for ensuring compliance, but part 133 POIs should inform their operators of the following responsibilities:

·    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 that ensure no packages are accepted by the operator that contain hazmat;

·    Procedures and instructions for reporting packages that are found to contain, or that are suspected of containing, hazmat or dangerous goods and ensure compliance with 49 CFR part 171, §§ 171.15, 171.16, and 175.31;

·    Procedures and instructions that ensure 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 that ensure any employee, agent, or contract employee of the operator who prepares and/or offers COMAT containing hazmat for shipment via any mode is fully trained as a hazmat shipper in compliance with 49 CFR part 172 subpart H.

3-4217    HAZMAT INFORMATION REQUIREMENTS FOR OPERATORS ACCEPTING HAZMAT. The following information provides background for the aviation safety inspector (ASI) and does not supplant or provide guidance for an operator’s hazmat program. Operators who transport hazmat must provide instruction and procedures on the following basic subjects. POIs may share this information when requested, but they must direct the operator to the HMBM as the FAA authority to work with them when developing, implementing, or changing a hazmat program.

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

1)    Items identified as hazmat must be properly packaged, marked, and labeled in accordance with 49 CFR or the International Civil Aviation Organization (ICAO) Technical Instructions.
2)    The required shipping papers, DOT PHMSA special permit, or competent authority certificate, as appropriate, must accompany the hazmat.
3)    The materials identification must include the proper shipping name, hazard class or division, identification number, and packing group, when required.
4)    The hazmat must be in packaging specifically authorized for carriage on cargo-only aircraft as referenced in the Hazardous Materials Table, 49 CFR § 172.101.
5)    The total quantity of hazmat must be within the quantity limitations authorized for each hazmat when being shipped by air as indicated in the Hazardous Materials Table, 49 CFR § 172.101.
6)    All hazmat shipments must be inspected to ensure there is no damage or leakage prior to being transported in accordance with 49 CFR § 175.90.
7)    Emergency response information must accompany the shipment and be available wherever the hazmat is received, stored or handled in accordance with 49 CFR § 172.600.

B.    Stowage 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)    Do not store Class 8 (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. 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 stowage of Class 7 (radioactive) materials labeled yellow II and/or yellow III will not exceed a transport index (TI) of 50 in a single stowage 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 Class 6, Division 6.1 poison label will not be stowed in the same location as foodstuffs, feeds, or any edible materials intended for consumption by either humans or animals as prescribed in 49 CFR § 175.630.

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

1)    Loading and carriage of hazmat in cargo-only aircraft or by external-load, in accordance with 49 CFR part 175 subpart B;
2)    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 § 175.75 and that radioactive packages are transported in accordance with §§ 175.701, 175.702, and 175.703;
3)    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 as prescribed in 49 CFR § 175.630.

D.    Notification of Pilot in Command (PIC). Operators must establish procedures for notifying the PIC when hazmat is carried on board the aircraft in accordance with 49 CFR § 175.33. If written PIC notification is not practical for the external‑load operation conducted, the operator must apply for a Special Permit authorizing an alternate method of compliance.

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 § 175.700, 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 clean‑up techniques and precautions to minimize the possibility of injury to employees and the general public. Appropriate organizations for such advice include the following:

·    CHEMTREC;

·    U.S. Department of Energy (DOE);

·    A state public health department;

·    A Federal or state office of hazmat regulation; and

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

G.    Security Plan. A security plan may be required to address the security risks of transportation of certain types of hazmat in commerce. You should refer operators to 49 CFR part 172 subpart I for detailed requirements.

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3-4218    COORDINATION. The POI may be required to act as a coordinator between the operator and ASH. For a list of FAA HMBMs by regional and geographic areas, please visit http://www.faa.gov/about/office_org/headquarters_offices/ash/ash_offices/. POIs may contact these branch managers regarding all aspects of the air transportation of hazmat.

3-4219    SPECIAL PERMITS. When an operator applies to the DOT PHMSA for an initial special permit, a renewal or modification of their special permit, or to be a party to an existing special permit to allow for the carriage of a specific hazmat in air commerce, the POI and the principal maintenance inspector (PMI) may need to assist ASH in reviewing the competence and compliance history of the certificated operator. Initial special permits are valid for 24 months, with renewals granted for up to 48 months. Special permits that are not renewals, modifications or requests for emergency processing, appear in the Federal Register (FR), public comments are considered, and receive final action within 30 days on a first‑come‑first‑served basis. Requests for emergency processing to prevent significant injury to persons or property, for national security purposes, or to prevent significant economic loss, receive priority. DOT PHMSA will determine if an emergency exists and issue the permit in the public interest, subject to such terms and conditions deemed necessary. PHMSA normally issues special permits to the shipper of the hazmat who hires and provides the name of the operator who transports the hazmat in accordance with the special permit. PHMSA normally issues emergency special permits exclusively for one-time-only shipments. PHMSA will not issue a single special permit for multiple FAA certificates (i.e., part 133 and part 135); the operator needs to apply to PHMSA for a unique special permit for each FAA operating certificate. Operators and POIs can review the requirements for Special Permits in 49 CFR part 107 subpart B.

3-4220    AUTHORIZATION PARAGRAPH A055. After the HMBM recommends the operator’s hazmat manual and training program for approval, the POI will approve it by issuing paragraph A055 through the automated Operations Safety System (OPSS). If a part 133 operator does not hold authorization to carry hazmat, the POI should list paragraph A055 under “limitations” in paragraph A004. If OPSS does not yet list the operator, the POI may elect to issue a paper copy of the letter of authorization (LOA). In this case, the POI must maintain a copy of the current LOA in the operator’s file.

3-4221    PART 135 “WILL-CARRY” OPERATORS. If the part 133 operator already holds authorization to accept, handle, and transport hazmat under part 135 (referred to as a “will-carry” operator), the operator may modify the hazmat manual and training program under that certificate to include part 133 operations. Once the HMBM reviews and recommends the revised program for approval, the POI will issue paragraph A055 to the part 133 certificate through the OPSS.

3-4222    VIOLATIONS AND INVESTIGATIONS. When an inspector becomes aware of a suspected hazmat violation, the inspector will notify the appropriate HMBM and the appropriate POI. The HMBM is responsible for directing the regional Hazmat Special Agents to conduct inspections, surveillance, and investigations as appropriate of air operators, air carriers, freight forwarders, shippers, repair stations, and any other persons who cause transportation of hazmat in air commerce within the HMBM’s region.

3-4223    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, 121, 125, and 135 are applicable to air carrier, air taxi, and helicopter operations and define the duties and responsibilities for preparing and implementing procedural manuals and training programs dealing with the transportation of hazmat by air.
2)    Title 49 CFR parts 100-185 deal with the proper identification, classification, packaging, labeling, marking, and certification of hazmat transported in commerce.
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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/.

B.    ICAO 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 on alternate Septembers, becoming effective the following January 1. Title 49 CFR part 171 subpart C provides the authorization and conditions for use of the ICAO Technical Instructions for the transportation of hazmat in commerce to, from, or within the United States.

3-4224    AMENDING AN OPERATOR’S MANUAL. The FAA’s authority for inspecting an operator or conducting routine surveillance to ensure compliance with the operator’s manual requirements is contained in 14 CFR § 133.39.

Table 3-96.  Applicable Regulatory References

SUBJECTS

REGULATORY REFERENCES

*‡ Hazardous Materials and Classifications

49 CFR §§ 172.101, 173.2 and 173.2(a)

‡ Shipping Paper and Certification Requirements

49 CFR §§ 172.200 – 172.204, 175.33

*‡ Packaging, Marking, and Labeling

49 CFR § 172 Subparts D and E

* Exceptions to the Regulations

49 CFR §§ 175.8, 175.9 and 175.10

Written Notification of PIC and Emergency Response Information

49 CFR §§ 172 Subpart G and 175.33

* Reporting Hazardous Materials Incidents/Discrepancies

49 CFR §§ 171.15, 171.16 and 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

* Operators that do not accept or transport hazmat or dangerous goods must provide training in these subjects.

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‡ In accordance with 49 CFR part 171 Subpart C, the ICAO Technical Instructions may be used.

RESERVED. Paragraph 3-4225.