# Presentation: 402144

## Hazardous Materials Requirements

**14 CFR Part 119 Certificate Holder **
**Operation Under 14 CFR Part **_**135**_** **
**Regulations as related to the 49 CFR Hazardous Material Requirements**

## FAA Hazmat Enforcement Organization

- Headquarters:
- 	7 Specialists, 1 Manager
- 8 Regions each w/ one HMBM
- 150 dedicated hazmat positions

## Field Activities

- Outreach
- Air Carrier Inspections
- Shipper Inspections
- Incident Response
- Haz-Strikes
- Cooperative Efforts (intermodal/interagency)

## FAA HazMat Enforcement History  1997-2005

|  | 1997 | 1998 | 1999 | 2000 | 2001 | 2002 | 2003 | 2004 | 2005 |
| --- | --- | --- | --- | --- | --- | --- | --- | --- | --- |
| Cases Investi-gated | 1554 | 1643 | 2225 | 2789 | 2114 | 1887 | 2165 | 9742 | 3888 |
| Cases Closed CP | 229 | 483 | 540 | 621 | 434 | 453 | 414 | 439 | 598 |
| Amount Collected in Millions | $2.34 | $6.22 | $7.76 | $7.94 | $5.73 | $6.63 | $7.1 | $4.5 | $6.9 |

## Rulemaking

**On 05/08/03, FAA published a Notice of Proposed Rulemaking (NPRM) on hazmat training requirements for certain air carriers**
- (68 Federal Register (FR) 24810)
**On 10/07/05, FAA published a Final Rule amending its hazmat training requirements for certain air carriers**
- (70 FR 58796)
**The compliance date for this Final Rule is 02/07/07     **

## Background - Industry Comment

**With this rulemaking, the requirements for 14 CFR Part 135 operators to receive approval and/or acceptance of the hazardous materials manual and training program have changed significantly.**
**The ATA and the overwhelming majority of operators responding to the NPRM requested flexibility in designing and determining curriculum, depth of training required for employees and, the method of delivery and testing.**
**Therefore, FAA no longer provides or suggests curriculum in the form of templates, rather the actual code provisions will be enforced.**

## 14 CFR Part 135

- PART 135—OPERATING
- REQUIREMENTS: COMMUTER AND
- ON-DEMAND OPERATIONS
- Note:
- CH= Certificate Holder
- HM= Hazardous Materials
- HMR= The Hazardous Materials Regulations – 49 CFR Parts 100-185

## 14 CFR Part 135 Manual Contents

**§135.23 Manual contents.**
- (p) ... personnel to recognize HM as defiend in ... 49 CFR ...
- (p)(1) Procedures and information, as described in ... (p)(2) of this section, to assist each crewmember and person performing or directly supervising the following job functions involving items for transport on an aircraft:
**(i) Acceptance;**
**(ii) Rejection;**
**(iii) Handling;**
**(iv) Storage incidental to transport;**
**(v) Packaging of company material; or**
**(vi) Loading.**

## 14 CFR Part 135 Manual Contents (cont)

- (p)(2) Ensure that the procedures and information described in this paragraph are sufficient to assist a person in identifying packages that are marked or labeled as containing HM or that show signs of containing undeclared HM.  The procedures and information must include:
- Procedures for rejecting packages that do not conform to the Hazardous Materials Regulations (HMR) in 49 CFR parts 171 through 180 or that appear to contain undeclared HM;
- Procedures for complying with the HM incident reporting requirements of 49 CFR 171.15 and171.16 and discrepancy reporting requirements of 49 CFR 175.31.
- (iii)  The certificate holder’s (CH) HM policies and whether the CH is authorized to carry, or is prohibited from carrying, HM; and

## 14 CFR Part 135 Manual Contents (cont)

**(iv) If the CH’s operations specifications permit the transport of HM, procedures and information to ensure the following: **
- That packages containing HM are properly offered and accepted in compliance with 49 CFR parts 171 through 180;
- (B) That packages containing HM are properly handled, stored, packaged, loaded and carried on board an aircraft in compliance with 49 CFR parts 171 through 180;
- (C) That the requirements for Notice to the Pilot in Command (49 CFR 175.33) are complied with; and
- (D) That aircraft replacement parts, consumable materials or other items regulated by 49 CFR parts 171 through 180 are properly handled, packaged, and transported.

## Training Program

**§ 135.323 Training program: General.**
- (a)(1) Establish and implement a training program that satisfies the requirements of this subpart and that ensures that each crewmember, aircraft dispatcher, flight instructor and check airman is adequately trained to perform his or her assigned duties. Prior to implementation, the _CH must obtain initial and final FAA approval of the training program.__ _
- _Note:  “This Subpart” refers to Part 135 Subpart H - Training_

## 14 CFR 135 Subpart KHazardous Materials Training Program

- §135.501 Applicability and definitions.
- §135.503 Hazardous materials training: General.
- §135.505 Hazardous materials training required.
- §135.507 Hazardous materials training records.

## 14 CFR 135 Subpart KHazardous Materials Training Program

**§135.501 Applicability and definitions. **
- This subpart prescribes the requirements applicable to each CH for training each crewmember and person performing or directly supervising any of the following job functions involving any item for transport on board an aircraft:
- (1) Acceptance;
- (2) Rejection;
- (3) Handling;
- (4) Storage incidental to transport;
- (5) Packaging of company material; or
- (6) Loading.

## 14 CFR 135 Subpart KHazardous Materials Training Program

**§135.501 Applicability and definitions. (cont)**
- (b) *Definitions. *For purposes of this subpart, the following definitions apply:** **
- (1) *Company material (COMAT)*— Material owned or used by a CH.
- (2) *Initial hazardous materials training*—The basic training required for each newly hired person, or each person changing job functions, who performs or directly supervises any of the job functions specified in paragraph (a) of this section.
- (3) *Recurrent hazardous materials training*—The training required every 24 months for each person who has satisfactorily completed the CH’s approved initial HM training program and performs or directly supervises any of the job functions specified in paragraph (a) of this section.

## 14 CFR 135 Subpart KHazardous Materials Training Program

**§ 135.503 Hazardous materials training: General.**
- Each CH must establish and implement a HM training program that:
- Satisfies the requirements of _Appendix O_ of part 121 of this [chapter];
- (2) Ensures that each person performing or directly supervising any of the job functions specified in § 135.501(a) is trained to comply with all applicable parts of 49 CFR parts 171 through 180 and the requirements of this subpart; and
- (3) Enables the trained person to recognize items that contain, or may contain, HM by 49 CFR parts 171 through 180.

## 14 CFR 135 Subpart KHazardous Materials Training Program

**§ 135.503 Hazardous materials training: General.** **(cont)**
- (b) Each CH must provide _initial_ HM training and _recurrent_ HM training to each crewmember and person performing or directly supervising any of the job functions specified in §135.501(a).
- (c) Each CH’s HM training program _must be approved_ by the FAA prior to implementation.

## 14 CFR 135 Subpart KHazardous Materials Training Program

-  **§ 135.505 Hazardous materials training required.**
*Training requirement*. Except as provided in paragraphs (b), (c) and (f) of this section, no CH may use any crewmember or person to perform any of the job functions or direct supervisory responsibilities, and no person may perform any of the job functions or direct supervisory responsibilities, specified in § 135.501(a) unless that person has satisfactorily completed the CH’s FAA-approved initial or recurrent HM training program within the past 24 months.

## 14 CFR 135 Subpart KHazardous Materials Training Program

-  **§ 135.505 Hazardous materials training required. (cont)**
- (b) *New hire or *_*new job function*_. A person who is a new hire and has not yet satisfactorily completed the required initial HM training, or a person who is changing job functions and has not received initial or recurrent training for a job function involving storage incidental to transport, or loading of items for transport on an aircraft, may perform those job functions for not more than 30 days from the date of hire or a change in job function, if the person is under the direct visual supervision of a person who is authorized by the CH to supervise that person and who has successfully completed the CH’s FAA-approved initial or recurrent training program within the past 24 months.

## 14 CFR 135 Subpart KHazardous Materials Training Program

-  **§ 135.505 Hazardous materials training required. (cont)**
** **(c) *Persons who work for more than one certificate holder*. A CH that uses or assigns a person to perform or directly supervise a job function specified in § 135.501(a), when that person also performs or directly supervises the same job function for another CH, need only train that person in its own policies and procedures regarding those job functions, if all of the following are met:
- The CH using this exception receives written verification from the person designated to hold the training records representing the other CH that the person has satisfactorily completed HM training for the specific job function under the other CH’s FAA approved HM training program under appendix O of part 121 of this chapter; and
- (2) The CH who trained the person has the same operations specifications regarding the acceptance, handling, and transport of HM as the CH using this exception**.**

## 14 CFR 135 Subpart KHazardous Materials Training Program

**§ 135.505 Hazardous materials training required. (cont)**
- (d) *Recurrent hazardous materials training—Completion date*. A person who satisfactorily completes recurrent HM training in the calendar month before, or the calendar month after, the month in which the recurrent training is due, is considered to have taken that training during the month in which it is due. If the person completes this training earlier than the month before it is due, the month of the completion date becomes his or her new anniversary month.

## 14 CFR 135 Subpart KHazardous Materials Training Program

**§ 135.505 Hazardous materials training required. (cont)**
- (e) *Repair stations*. A CH must ensure that each repair station performing work for, or on the CH’s behalf is notified in writing of the CH’s policies and operations specification authorization permitting or prohibition against the acceptance, rejection, handling, storage incidental to transport, and transportation of HM, including company material. This notification requirement applies only to repair stations that are regulated by 49 CFR parts 171 through 180.

## 14 CFR 135 Subpart KHazardous Materials Training Program

**§ 135.505 Hazardous materials training required. (cont)**
- (f) *Certificate holders operating at foreign locations*. This exception applies if a CH holder operating at a foreign location where the country requires the CH to use  persons working in that country to load aircraft. In such a case, the CH may use those persons even if they have not been trained in accordance with the CH’s FAA approved HM training program. Those persons, however, must be under the direct visual supervision of someone who has successfully completed the CH’s approved initial or recurrent HM training program in accordance with this part. This exception applies only to those persons who load aircraft.

## 14 CFR 135 Subpart KHazardous Materials Training Program

**§135.507 Hazardous materials training records.**
- (a) *General requirement*. Each CH must maintain a record of all training required by this part received within the preceding three years for each person who performs or directly supervises a job function specified in § 135.501(a). The record must be maintained during the time that the person performs or directly supervises any of those job functions, and for 90 days thereafter. These training records must be kept for direct employees of the CH, as well as independent contractors, subcontractors, and any other person who performs or directly supervises these job functions for the CH.

## 14 CFR 135 Subpart KHazardous Materials Training Program

**§135.507 Hazardous materials training records. (cont)**
-  (b) *Location of records*. The CH must retain the training records required by paragraph (a) of this section for all initial and recurrent training received within the preceding 3 years for all persons performing or directly supervising the job functions listed in Appendix O of part 121 of this chapter at a designated location. The records must be available upon request at the location where the trained person performs or directly supervises the job function specified in § 135.501(a).  Records may be maintained electronically and provided on location electronically. When the person ceases to perform or directly supervise a HM job function, the CH must retain the HM training records for an additional 90 days and make them available upon request at the last location where the person worked.

## 14 CFR 135 Subpart KHazardous Materials Training Program

**§135.507 Hazardous materials training records. (cont)**
- (c) *Content of records*. Each record must contain the following:
- (1) The individual’s name;
- (2) The most recent training completion date;
- (3) A description, copy or reference to training materials used to meet the training requirement;
- (4) The name and address of the organization providing the training; and
- (5) A copy of the certification issued when the individual was trained, which shows that a test has been completed satisfactorily.

## 14 CFR 135 Subpart KHazardous Materials Training Program

**§135.507 Hazardous materials training records. (cont)**
- (d) *New hire or new job function*. Each CH using a person under the exception in §135.505(b) must maintain a record for that person. The records must be available upon request at the location where the trained person performs or directly supervises the job function specified in §135.501(a).  Records may be maintained electronically and provided on location electronically. The record must include the following:
- (1) A signed statement from an authorized representative of the CH authorizing the use of the person in accordance with the exception;
- (2) The date of hire or change in job function;
- (3) The person’s name and assigned job function;
- (4) The name of the supervisor of the job function; and
- (5) The date the person is to complete HM training in accordance with _Appendix O_ of part _121_ of this chapter.

## 14 CFR 121 Appendix OHazardous Materials Training Requirements For CH

-     This appendix prescribes the requirements for HM training under part 121, subpart Z, and part 135, subpart K of this chapter. The training requirements for various categories of persons are defined by job function or responsibility. An ‘‘X’’ in a box under a category of persons indicates that the specified category must receive the noted training. All training requirements apply to direct supervisors as well as to persons actually performing the job function.  Training requirements for CH’s authorized in their operations specifications to transport HM _**(will-carry)**_ are prescribed in Table 1.
**(Refer to 14 CFR Part 121, Appendix O, Table 1)**

## 14 CFR 121 Appendix OHazardous Materials Training Requirements For CH

-     Those CH’s with a prohibition in their operations specifications against carrying or handling HM _**(will-not-carry)**_ must follow the curriculum prescribed in Table 2. The method of delivering the training will be determined by the CH. The CH is responsible for providing a method (may include email, telecommunication, etc.) to answer all questions prior to testing regardless of the method of instruction. The CH must certify that a test has been completed satisfactorily to verify understanding of the regulations and requirements.
**(Refer to 14 CFR Part 121, Appendix O, Table 2)**

## DOT and Hazardous Materials (HM) (Dangerous Goods)

- The US Department of Transportation (DOT) regulates the transportation of hazardous materials (HM) by all modes of transportation within (to, from, and through) the United States.
- This includes HM carried by passengers and crewmembers.

## 49 CFR

**49 CFR (Title 49 of the Code of Federal Regulations) is where many US Department of Transportation regulations are found.  **
**Parts 171-180 of 49 CFR contain the Hazardous Materials Regulations (the “HMR”).**

## What is a hazardous material?

**The DOT definition:**
**“****Hazardous Material means a substance or material, which has been determined by the Secretary of Transportation to be capable of posing an unreasonable risk to health, safety, and property when transported in commerce, and which has been so designated.”**
**	****	****	****	****	****--49 CFR 171.8**

**So what does that mean?**

## Hazardous Material must be Classified for Transportation

- To aid in determining when something is a hazardous material for transportation, _the_ _DOT classifies material into nine different hazard classes_.
- Each of these hazard classes has its own technical and scientific criteria.

## Hazard Classes

- There are nine DOT hazard classes.  Some classes are further divided into divisions.

**1 **- Explosives
**2 **- Gases
**3 **- Flammable Liquids
**4 **- Flammable Solids
**5 **- Oxidizers & Organic Peroxides

**6 **- Poisons & Infectious Substances
**7 **- Radioactive Materials
**8 **- Corrosives
**9 **- Miscellaneous

## Identifying Hazardous Materials in Packages

- The DOT usually requires the _outer_ packagings of  hazardous materials packages to have certain hazard labels and markings.
- It is important to recognize these DOT hazard labels and markings since they can identify packages that contain hazardous materials.

**Gasoline**
**UN 1203**

## DOT Hazard Labels

**DOT Hazard labels**
**Cargo Aircraft Only label**
**  **
** **

*DOT Chart 12 has a listing and display of DOT hazard labels & markings.*

## Proper

**From: XXXXX**
**ACETONE**
**UN 1090**

**DOT Hazard Label**

**Orientation**
**arrows***
- *Also used on many
-  non-hazardous shipments

**Proper**
**Shipping **
**Name**

**Identification**
** ****number**

**EXAMPLE **
**A package of acetone may be marked and labeled like this:**

**U**
**n**

**4G/Y20/S/99/USA/M1234**

**Hazmat package**
**specification**

## ORM-D-AIR

- Consumer Commodity

**ORM-D-AIR**

**Some hazmat packages are not required to have DOT hazard labels.  A package of spray paint may look like this:**

*To:*
*From:*

## Labels on Product Containers

- The DOT does not require hazard labels or markings on inner packagings.  But consumer and worker safety regulations do require product containers to indicate when they contain hazardous products.

**CAUTION: Contents flammable****.**

**WARNING****: Reacts violently **
**with water.**

## Dry Ice

- Up to 2 kilograms (4.4 pounds) of dry ice may be in carry-on baggage.  Package must allow the release of carbon dioxide gas (no air-tight containers).
- There are additional requirements for dry ice in cargo.

- 49 CFR 175.10(a)(13)

## More Restrictive, But Not Less

- Air Carriers may choose to have more restrictive hazmat rules than the US DOT but cannot be less restrictive.

- _Federal employees do not enforce air carrier policies that are more restrictive than the regulations._

## Prohibited Hazmat In Passenger Luggage

- Now that we have looked at the types of hazardous materials (hazmat), let’s look at some common examples of hazmat that _may not be carried in passenger luggage_.

## Camping & Outdoor ArticlesProhibited Hazmat in Passenger Luggage

**Camping & Outdoor Articles****Prohibited Hazmat in Passenger Luggage**

**OK if truly empty**

## Paints & SolventsProhibited Hazmat in Passenger Luggage

**Paints & Solvents****Prohibited Hazmat in Passenger Luggage**

## Household ItemsProhibited Hazmat in Passenger Luggage

**Household Items****Prohibited Hazmat in Passenger Luggage**

## Some Common Hazardous Materials used in Aviation

**Oxygen generators**
**Paint**
**Compressed gas cylinders**
**Fire Extinguishers**
**Smoke Hoods**
**Tritium signs**
**Batteries**

## Not all “Chemicals” are Hazardous Materials

- Many industrial and consumer products contain a variety of chemicals.
- That does not mean that they are hazardous materials.

## Non-Hazardous (Not Restricted) These items do not normally meet the DOT definition of a hazardous material or are excepted from the regulations:

- Hydrogen peroxide 1%–7% solution **(drugstore strength)**
- Laundry detergent **(household)**
- Motor oil **(non-waste)**
- Pressurized sports balls1
- Empty SCUBA cylinders—(less than  40 psi)
- Water-based paints

- Baking soda (sodium bicarbonate)
- Beer & wine
- Blue ice packs
- Candles & incense
- Cooking oils
- Glue: **Children’s / School /   ****	****    Carpenter**

** **

## DOT Hazardous Materials Training

- As we have seen, many every day items are hazardous materials
- The Pipeline and Hazardous Materials Safety Administration (PHMSA) Web Site offers various training media

## Web Site Information

**PHMSA**
- http://hazmat.dot.gov
**FAA HM Information**
- http://ash.faa.gov

## PHMSA Hazmat Web Site

- “Click”

## Hazmat Training Material Located on PHMSA Web Site

**Training Requirements Under the Hazardous Materials Regulations (HMR)**
**How to use the Hazardous Materials Regulations**
**Does Your Hazmat Training Measure Up? **
**Training overview and Frequently Asked Questions **
**Training requirements: Title 49 CFR Parts 172, Subpart H (172.700 - 704) **
**Hazmat Transportation Training Modules**
**Overview of the Hazardous Materials Regulations (HMR)**
**Frequently Asked Questions on the Hazardous Materials Regulations (HMR)**
**Contacting the Hazardous Materials Information Center**** **

- “Click”