Volume 3 general technical administration
chapter 51 part
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
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
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
The FAA recently received several requests from part
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
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 §
(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
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.
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
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
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
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
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)
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
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
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
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:
· 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.
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
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
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
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.
OPERATORS. If the part
already holds authorization to accept, handle, and transport
hazmat under part
to as a “will-carry” operator), the operator may modify the
hazmat manual and training program under that certificate to include part
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
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.
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
Table 3-96. Applicable 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
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
49 CFR part 175, subpart C
* Operators that do not accept or transport hazmat or
dangerous goods must provide training in these subjects.
‡ In accordance with 49 CFR part 171 Subpart C, the ICAO Technical Instructions may be used.
RESERVED. Paragraph 3-4225.