[Federal Register Volume 61, Number 241 (Friday, December 13, 1996)]
[Rules and Regulations]
[Pages 65479-65480]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-31648]
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DEPARTMENT OF TRANSPORTATION
Research and Special Programs Administration
49 CFR Chapter I
[Notice No. 96-25]
Advisory Notice: Transportation of Air Carrier Company Materials
(COMAT) by Aircraft
AGENCY: Research and Special Programs Administration (RSPA), DOT.
ACTION: Advisory guidance.
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SUMMARY: This document provides advisory guidance as to the extent and
application of exceptions from the Hazardous Materials Regulations
applicable to the transportation of an air carrier's company materials.
FOR FURTHER INFORMATION CONTACT: Edward T. Mazzullo, Director, Office
of Hazardous Materials Standards, RSPA, Department of Transportation,
400 Seventh Street, S.W., Washington, DC 20590-0001, Telephone (202)
366-8553.
SUPPLEMENTARY INFORMATION: In testimony at a recent hearing conducted
by the National Transportation Safety Board (NTSB), and in a position
paper prepared for the hearing by the Air Line Pilots Association
(ALPA), concerns were expressed with regard to the provisions of
Sec. 175.10(a)(2) of the Hazardous Materials Regulations (HMR; 49 CFR
Parts 171-80), applicable to an air carrier's transportation of its own
company materials (COMAT). This advisory guidance is being issued to
clarify the application of these provisions of the HMR and to overcome
a number of apparent misunderstandings of them.
Part 175 of the HMR is entitled ``Carriage By Aircraft'' and
applies to the acceptance for transportation, loading, and
transportation of hazardous materials in any aircraft in the United
States and in aircraft of U.S. registry anywhere in air commerce.
Section 175.10 of the part is entitled ``Exceptions.'' Paragraph (a)(2)
of the section (herein referred to as the COMAT exception) follows an
introduction stating ``This subchapter [the HMR] does not apply to:''
and reads as follows:
(2) Hazardous materials required aboard an aircraft in
accordance with the applicable airworthiness requirements and
operating regulations. Unless otherwise approved by the Associate
Administrator for Hazardous Materials Safety, items of replacement
for such hazardous materials must be transported in accordance with
this subchapter except that--
(i) In place of the required packagings, packagings specially
designed for the
[[Page 65480]]
transport of aircraft spares and supplies may be used, provided such
packagings provide at least an equivalent level of protection to
those that would be required by this subchapter;
(ii) Aircraft batteries are not subject to quantity limitations
such as those provided in Sec. 172.101 or Sec. 175.75(a) of this
subchapter; and, (iii) A tire assembly with a serviceable tire is
not subject to the provisions of this subchapter provided the tire
is not inflated to a gauge pressure exceeding the maximum rated
pressure for that tire.
The first sentence of paragraph (a)(2) addresses hazardous
materials required for the operation of an aircraft under applicable
provisions of Federal Aviation Administration regulations in 14 CFR.
These items include equipment required to be carried aboard the
aircraft, such as portable fire extinguishers, and installed equipment
containing hazardous materials, such as cylinders containing oxygen.
This sentence simply reiterates that the HMR do not apply to installed
components of an aircraft and other items required to be on the
aircraft, because the HMR regulate hazardous materials transported in
commerce (e.g., hazardous materials transported as cargo, baggage, or
as items carried on by passengers or crewmembers).
The second sentence of paragraph (a)(2) contains introductory text
and three subparagraphs and states, in part, that `` * * * items of
replacement for such hazardous materials must be transported in
accordance with this subchapter [the HMR] * * * '' [emphasis added].
The sentence addresses only items of replacement for those hazardous
materials required aboard an aircraft in accordance with the applicable
airworthiness requirements and operating regulations. These replacement
items are transported in commerce and must be offered and transported
in conformance with the HMR, except for the limited relief provided in
subparagraphs (i), (ii), and (iii).
The exceptions in the second sentence do not apply to many of the
hazardous materials consumed or used in the aircraft industry such as
paints, chemicals for corrosion removal, automotive batteries, engine-
powered ground equipment containing fuel, and wastes. These materials
must be offered and transported in conformance with the HMR.
Serviceable items and items removed for servicing or repair, that
are items of replacement, are eligible for the exceptions in
Sec. 175.10(a)(2) when otherwise offered for transportation in
compliance with the HMR. However, an expendable device such as a fuel
saturated filter or an oxygen generator removed from an aircraft for
immediate or eventual disposal is not an item of replacement and may
not be carried aboard aircraft under Sec. 175.10(a)(2).
Subparagraph (a)(2)(i) permits the use of packagings specially
designed for the transport of aircraft spares and supplies, provided
such packagings provide at least an equivalent level of protection to
those that would otherwise be required by the HMR. This exception
allows air carriers to use specialized packagings not specifically
addressed in the HMR, such as lined aluminum cases for overpacking
cylinders. It does not address materials that are not necessary to meet
applicable airworthiness requirements and operating regulations.
Subparagraph (a)(2)(ii) provides relief from quantity limitations for
aircraft batteries, allowing aircraft batteries which are COMAT to be
transported in larger sizes or in greater quantities than would
normally be permitted, when all other provisions of the HMR are
followed.
Subparagraph (a)(2)(iii) removes the application of the HMR from a
tire assembly with a serviceable tire provided the tire is not inflated
to a gauge pressure exceeding the maximum rated pressure for that tire.
Only this third exception relating to tires, removes the application of
the HMR. Therefore, among other requirements, the following apply to
all hazardous materials carried as items of replacement (as discussed
above) under the COMAT provisions of subparagraphs (a)(2)(i) and (ii):
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Subject Citation: 49 CFR--
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Training.................................. Part 172, Subpart H and Sec.
175.20.
Forbidden Materials....................... Secs. 173.21 and 173.54.
Packaging................................. Parts 172, 173 and 178. In
particular 173.24, 173.24a
and 173.27.
Marking................................... Part 172, Subpart D.
Labeling.................................. Part 172, Subpart E.
Shipping Papers and Certification......... Part 172, Subpart C.
Quantity limitations per package-- Secs. 172.101 and 173.27.
Passenger Aircraft.
Quantity limitations per package--Cargo Secs. 172.101 and 173.27.
Aircraft.
Quantity limitations--Inaccessible cargo Sec. 175.75.
compartments.
Notification of Pilot-in-Command.......... Sec. 175.33.
Reports of discrepancies.................. Sec. 175.31.
Incident Reporting........................ Secs. 171.15 and 171.16.
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RSPA published a document entitled ``Advisory Guidance; Offering,
Accepting, and Transporting Hazardous Materials'' in the Federal
Register on June 14, 1996 (61 FR 30444). The guidance addressed a
number of topics related to the safe transportation of hazardous
materials.
Persons who supervise or perform hazardous materials functions,
including persons who manufacture packagings, prepare and package
hazardous materials and otherwise perform functions leading to the
introduction of hazardous materials into transportation, are encouraged
to review the guidance in its entirety. See the definition of ``Hazmat
employer'' and ``Hazmat employee'' in 49 CFR 171.8. In many cases, more
than one person may be involved in the performance of offering
functions in addition to the person executing the certification
required by Sec. 172.204. See RSPA's interpretations at 55 FR 6758
(Feb. 26, 1990) and 57 FR 48740 (Oct. 28, 1992).
As stated in section III of the advisory guidance (61 FR at 30446):
The HMR are only effective when persons who engage in day-to-day
transportation-related activities make a concerted effort to ensure
their own compliance, as well as that of others from who they may
receive shipments.
RSPA urges all persons involved in hazardous materials
transportation activities to carefully examine all of their procedures
to ensure conformance with the HMR.
Issued in Washington, DC, on December 10, 1996.
Alan I. Roberts,
Associate Administrator for Hazardous Materials Safety.
[FR Doc. 96-31648 Filed 12-12-96; 8:45 am]
BILLING CODE 4910-60-P
