### In The Matter Of: 

### U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS WASHINGTON, DC

DocketNo. FAA-2011-1005 COASTAL AIR TRANSPORT, INC. ) ) ) 

### ) ) 

### ) 

### Case No. 2010-S0-700037 Respondent

RESPONDENT HEARING EXHIBIT COVERSHEET

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### U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS FEDERAL AVIATION ADMINISTRATION

FEDERAL AVIATION ADMINISTRATION, Complainant,

vs. Coastal AirTransport Inc. Respondent.

JUDGENOT YETASSIGNED FAA DocketNo. Judge

COMPLAINT The Federal Aviation Administration (FAA), by counsel, hereby files its Complaint, pursuanttoRule208 ofthe Rules ofPractice (14 C.F.R. 13.208), and states as follows: I. 

### I. On August 19, 2011, Respondent, Coastal AirTransport Inc. was advised through a Final Notice ofProposed Civil Penaltythatthe FAA proposed to assess a civil penalty in the amount of$59,600. On August 30, 2011, the Agency Attorney received a written request for a hearing from the Respondent. II. 2. On or about October 21, 2009, Coastal Air Transport, Inc. (hereinafterCoastal Air) knowingly accepted for transportation by air and transported aboard an aircraft a one-piece shipmentconsisting ofa non-specification fiberboard box containinghazardous materials on flight number413 arriving atthe AlexanderHamilton Airport (STX), Saint Croix, U.S. Virgin Islands.3. The above-mentioned shipmentwas unmanifested on Coastal Air

### Flight#413. 4. On or about October21, 2009, aU.S. Customsand BorderProtectionOfficer

.. discoveredthe above--describedhox onboardFlight413'-'atSTXin Saint Croix,'U.S. Virgin Islands. 

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### 14. 

### Coastal Air accepted the above-described shipment ofhazardousmaterials for transportation by airwhen:

15. 

### \Coastal Aircarriedthe above shipment ofhazardous materials aboard an aircraft 1andfailed to providewrittennotification of

### the hazmattothe pilot-in::command:,asearly as practicablepriorto departure. 16. 

### Coastal Air carriedthe above shipment ofhazardousmaterials aboard an aircraft and failed to have emergencyresponse information, including an emergency response telephone number, immediately available to thepilot-in-command during flight. 17. Coastal Air accepted for transportation ortransported aboard an aircraft the above shipment ofhazardous materials when it failed to ensure that each ofitshazmatemployees was trained in accordance withthe prescribedrequirements as set forth in Section 175.20.



### III.

. 18.

. By**re~on** 

### ofthe above Coastal AirTransport Inc. violatedthe following DepartmentofTransporta#on**H~ardous** 

### Materials Regulations (Title 49 ofthe Code ofFederal Regulations): 1. ·Section 171.2( a) inthat Coastal Air accepted hazardous material for transportation aboard an aircraft incommerce whenthe material was not properly classed, described, packaged, marked, labeled, and in condition for shipment as required orauthorized by applicable requirements ofthis subchapter. 2. Section 171.2(b)inthat Coastal Airtransported a hazardous material incommerce when the hazardous material was nothandled and transported in accordance with applicable requirements ofthis subchapter, or an exemption, approval or registration issued underthis subchapter or subchapterA ofthis subchapter.

### 13. Section 175.33(a)inthat Coastal Air carried a hazardous material subject to the provision ofthis subchapterin an aircraft and failed to provide the pilot-in-command at least the following information setforthin this paragraph in writing as early as possiblepriorto departure.

· ..,, 

### 14. Section 175.33(b) in thatCoastal Airfailed to have a copyofthewritten notificationto pilot"'in-command readily available to the pilot-in-command during flight and failed to maintain emergencyresponse informationrequired by subpart G ofpart 172 ofthis subchapterinthe samemanner asthe written notification to pilot-in-command during transport ofthehazardous material aboard the aircraft. 

### 15.

. Section 175.3S(a) inthat Coastal Airfailed to ensure a copy ofthe shipping papersrequiredby §175.30(a)(2) accompanied the shipment it covered during transportation ' aboard an aircraft. 16. Section 175.85(a) in that Coastal Aircarried a hazardousmaterialsubjectto thes· tequirements ofthis subchapter

### inthecabinof a passenger-carryingaircraft

### or onthe

### flightdeck: 

### ofany aircraft.i'

17 Pursuantto 49U.S.C. Section 5123(a), Coastal AirTransportInc.issubjecU0·a"'**'~l:penaltynot** 

### lowerthan $250 ($450 for training-related violations),'nor**greater,·thanr$5.Q~O@f},"**

### ... ($100,000 ifdeath, serious illness, severe injury, or substantial property damage results)r"·ftr:l!"each., violation efthe DepartmentofTransportation Hazardous Materials Regulations. 18. Underthe facts and circumstances ofthis case, a civil penalty of

### $59, 600 is appropriate.

• WHEREFORE, the Agency, by counsel respectfully requests that the Administrative LawJudge enter an orderthat Respondent be assessed a civil penalty in 

### the amount of

### $59,600. Respectfully submittedthis 

# ?J' day ofSeptember, 2011.

Atto ey Office ofthe Regional Counsel
PLEASE NOTE: Pursuantto Title 14 CFR Section 13.209(a), you are required to file a written answerto this Complaint, ora writtenMotionto Dismiss ifappropriate, not laterthan 30 days afterthe date shown onthe Certificate ofServicewhichfollows. 

# (!;>I .S DI:P:\RI'fVtLN I' 01 TRANSI'OI( IAI'lON Fl-:J:HJ{.\1 \\'I;\ fi()".;**AD\1!~~1-;** I'R .\'J'IO\.'**1.·1\"~: \VI:\Ijf,,~:**  l..;.i·('i**·;~ITY**

Photograph provided by l"uh:in PR!-:Sn)N.CBP Supervisory Orticcr. l!E\/RY t-:.**ROIILSL~** 

### AIRPORT (STXi. Suint Croix. USYL Photograph shows the fiberboard bo:x which \.'('ll1Wind 

### the shipment ofGas OiL CJas-;**:~. \.''\1~02.**  PO-III. Ohscrvc the lack ofh,tzm:ll marking." cmd communicatiPn**label~.**



### l_OP}-J:.

lnterviewcdiRt:\'iciH:d on A.pril**1,.8~2010**__,____________ , ___ At SJU-SECFU By Special Aucnl_)llan**BUL·IJ~l2----·--·--------·** File No. 201_95070Q_Q}_}_,

__________ .._______..



## ------·--
..----"'·--··----·--·---·--------------- FAA Form 16011-32-li.'J.Il!ll FOR OFFICL-'\L L.'SE ONI.Y U!l0(;'1 5 L.<;;,C. :'132)L.:-:;. DEPARTMENT OF TRANSPOHTAJ ION l'LDFHAL ..\VIA**110~** .\D;\·IlNISTRATICI.\! \.Wii. ·\V!ATIU\ Sf:Ct:IU!Y

Photographprovided 

### by Tutein 

### PRESTON. CBP Supervisory Officer. .Hf:NR

### Y 

### t:. ROIILSEN A{RPORT (STX). Saint 

### Croix. USVI. Photograph shO\VS a 

### plastic bHg. \vhich contained One bottle containing Gas OiL Class 3. UN 1202. PG-Ill.

IOP 5-F

lnlerviewed·Revie..,.,·cd on**.:..A.:J;p~r.:.:.il'-'l'--'8,_,_** • ..:2:..:::0...:..1.::.0

_________At**SJU:SECF~L**_____ _ By 8pecial Agent Juan BULTED -----·----·File No. 

### 201**OS0700C~J**7 ----------·-- FAA Form 1600-32-1 (9-86l FOR OfFICIAL USE ONL't' tPuhlic a\ailabilitv to he**dc:tcni1in~** under 5·U.S:C. 532) ·

### In The Matter Of: 

### U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS WASHINGTON, DC

DocketNo. FAA-2011-1005 COASTAL AIR TRANSPORT, INC. ) ) ) ) ) ) 

### Respondent

Ex. C-1 Ex. C-2 Ex. C-3
Ex. C-5
Ex. C-7 Ex. C-8 Ex. C-9

Ex. C-13 Ex. C-14 Ex. C-15
Ex. C-17 Ex. C-18 Ex. C-19 Case No. 2010-S0-700037

FAAHEARINGEXHIBITS COVERSHEETFEDERAL AVIATION ADMfNISTRATrON Aviation Security and Hazardous Materials P 0 Box 38092 Airport Station San Juan. PR. 00937-1092

December II, 2009 Registered Mail Return-Receipt Requested File Number: 2010S0700037

Mr. Michael W. Foster President, Coastal Air Transport, Incorporated 

### P 0 Box 3985 Christiartsted, Saint Croix 

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Dear Sir: ,._, C::::>



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The Federal Aviation Administration (FAA) is conducting an investigation concerning the apparent failure ofCoastal Air Transport, Incorporated to comply with the provisions ofTitle 49, Code ofFederal Regulations (49 CFR) On October 2I, 2009, at approximately 1535 hours. at the Alexander Hamilton Airport (STX), Saint Croix, U.S. Virgin Islands, an Inspector ofthe U.S. Customs and Border Protection inspected the Coastal Air Transport aircraft servicing flight number #4 I3. The inspection revealed that you were the pilot in command. The inspection also revealed that you accepted and transported in air commerce an un-marked and un-manifested box which contained two plastic bags marked 1-!azmatpac, each containing two bottles. Each bottle was labeled Fuel Oil, UNI993 and contained approximately 750 mi. The shipper was identified as SGS Saint Eustatius. The hazardous materials were not declared. described, packaged, marked, labeled. and in condition for air transportation as required by the hazardous materials regulation. Additionally; Coastal Air Transport, Incorporated is not a certified hazardous material earner. The FAA would like to provide you with an opportunity to furnish any information concerning this matter which may reflect mitigating circumstances. As a part ofour investigation, we are requesting the following related information:


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### ,, tl**·~}** •i) -.;;]! :Z!!**:.~** 2J- A copy ofthe appropriate material safety data sheet(s) (MSDS) for dangerous goods offered in this shipment. The MSDS must show the proper shipping name. Class number. UN Number. Packing Group. and packing instructions for the item described above. 2- Copies ofthe air waybill(s). shipper's pick up record and other relevant documents associated With the shipment in question. 3- A copy ofthe hazardous materials training records for each individual involved in the transportation ofthis shipment. 4- A copy ofyour hazardous materials training curriculum. 5- A description ofactions implemented to prevent further incidents ofthis type from occumng. 6- Any additional documentation or information you feel to be pertinent to this investigation Please be advised that the allegations contained herein do not necessarily include all the deficiencies that may be subsequently discovered during the course ofthis investigation This office should receive your response, ifany, within ten (I0) business days from your receipt ofthis letter. Ifno response is received at that time, our report will be processed without the benefit ofyour information. Your reply may be sent email to Juan.Bulted@faa.gov. Sincerely.**~'Butted** Juan Bulted Special AgentSENDER: COMPLETE THIS St;CTION
• Complete Items 1, 2. and 3. Also complete

Item 4 tf Restricted Delivery Is desired. • Print yourname and address on the reverse

so that'we can return the card to you. • Attach this card to the back of the mallplece. oron the front If space permits. I. Article Addressed to: It YES', 'enter delivery address below: 0 No

r..rr•....+u;""" Mall 0Reg!s1ared 0 lnsu!OO Mall 0 EJ<proo.s Mall 0 Return Receipt to<- Merchandise oc.o.o. 4. Restrlcted**Oellve~y?** iExtTB Fee) 0 Yes 

### 7008 1830 DODO 5608 4635 PS Form 3811, February 2004 Domestic Return Rece{pt I 02595--02-M-1540



### U.S. Postal Service,... · 

### CERTIFIED MAIL,., 'RECEIPT

. (Domestic Mail Only;No Insurance Coverage ProVIded) L11

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# ~uanBulted South Florida FSD0-19 San Juan Security Field Unit 525 FD Roosevelt Ave, Suite 901 San Juan, Puerto Rico 00918-1198
File Number: 2010S0700037 January 14, 2010
Dear Sir,
In response to your letter received January 4, 2010, we offer the following as requested·
1. A copy of the Material Safety Data Sheet(MSDS) for low sulfur diesel fuel (7 pages). 2 Copies of the Bill of Lading from the shipper. Copies of our Cargo Manifest were held by 

### u.s. Customs in St Croix. These items were correctly listed as oil samples. 3. Copies of the hazardous materials training records for those involved in shipping these samples. 4. We were advised years ago by our Principal Operations Inspector (POl), that a hazardous material program was not recommended and would not be required to transport small quantities of properly packaged flammable materials. These materials**inclu~e** butane lighters, matches, six packs of spirits, mouthwash, aftershave, etc. The material and quantities in this shipment fall into this category. 5. The shipper has offered us the use of their lATA Training Program. We have agreed to have all appropriate personnel complete this course. 6. Samples were shipped in Limited Quantity(less than lOL for Diesel Fuel) as per lATA DG Regs 2.8.2.1(b) and packaged in a suitable box and materials for shipment. Shipment was placed in a cargo compartment not accessible to passengers. Included are labels attached to these samples describing their content. These were apparently not noticed during the customs inspection
Coastal Air has operated for almost 30 years, accident, incident, and violation free. We have agreed to add additional training in the future and request that this investigation be closed with no further action being taken.

# ~Jk Michael W. Foster President 

# IGOVERNMENT 

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P.O. BOX 3985 • CHRfSTIANSTED. U.S.V.I. 00822 • TELEPHONE (340) 773-6862 

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• IF APPLICABLE EMERGENCY [SPILL, LEAK. FIRE, EXPOSUR.E ORACCIDENT] 

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# j**t4'~** CONSULf SGS**~Aft::fY** PHOGt:V.\.M SAMPLE LABELING ·Section 

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.. 2 & 9.3.$ SA.MPLE PACK:NG SAMPLE**'TR~NSPOf-<'T** SAMPLE SHIPPING Section 6 4.4 & 9 3 8 : Se.cticn S.4.4 & 'L3 S

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# C?HenryE. Rohlsen Airport. RR #2-9922 Kingshi/1, St. Croix. VI 00850-9702

Date: 

### November 02, 2009

MEMORANDUM FOR: Hazmat Materials FROM: CBPO Renael Steele TO: 

### FAA Hazmat Coordinator Juan Boulted 

### CC: SCBPO Preston Tutein SUBJECT: Detention of Fuel Oil

On October 21, 2009 at 1535, while inspecting cargo from Coastal Air flight #413, an onmanifested box was found with no identifying markings. After checking with the four passengers that arrived on the same flight, it was determined that it was cargo. Upon opening the box, two plastic bags were found labeled "Hazmatpac". Upon opening the bags, two bottles approximately 750ml each were found labeled fuel oil UN# 1993 that contained a liquid substance. The contents appeared to be**h~ardous** materials. There was no MSDS, no packing slips or any hazardous markings or warnings labeled on box. Unaware ofthe actual contents, CBPO Steele and CBPAS Arroyo questioned Michael Foster, pilot ofCoastal Air about the box and its contents. Mr. Foster stated that it was fuel oil and he brought it in for SGS, a company in St. Croix, USVI. Mr. Foster was asked why the box was not manifested and stated that he forgot to put it on the manifest. Mr. Foster then amended the manifest and added the box with the description as samples. SCBPO Tutein was contacted and advised ofthe contents found. As per SCBPO Tutein, the box was detained for further advisement on contents and shipping requirements. The items were detained by CBPO Steele on form 6051D #617246. The following day, October22, 2009, SGS faxed CBP a certificate ofanalysis and a bill of lading stating that the samples are diesel fuel UN# 1202.



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# NON-TRANSPORT OF DANGEH.OUS GOODS IN AIR TRANSPORT/\TION

Coastal Air Transport (Air Cmier Name) AT 761-109 (Certificate Number). 227**Roseq~_Box** 3985 --····------------·------ (Physic:ll Address) C h r i s t i a n s t ed ,

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### Statement ofIntent: Air CarTier 

### \\'ILLNOT ACCEPT Dangcrolls 

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# ~S. DEPARTMENT OF TRANSPORTATtoO FEDERAL AVIATION ADMINIS'I'RATION CIVIL 1\VI/\TION SECURITY STATEMENT OF SPECIAL AGENT 

### LJuan BULTED, am a Special Agent and Hazardous Materials (hazmat) Specialist ofthe FEDERAL AVIATION ADMINISTRATION (FAA), assigned to the SAN JUAN SECURITY FIELD UNIT (SJU-SECFU), San Juan, Puerto Rico. On October 22, 2009, at approximately 0900 hours, Inspector Manuel PEREZ, FEDERAL AVIATION ADMINISTRATION (FAA)/South Florida-19, FIGHT STANDARDS DISTRICT OFFICE (FSDO), San .Juan Facility, mentioned to Special Agent Juan BULTED, SAN JUAN SECURITY FIELD UNIT (SJUSECFU), a conversation that PEREZ had with a CBP officer at HENRY E. ROHLSEN AIRPORT (STX). Saint Croix, USVI. PEREZ indicated that the CBP officer talked about a hazmat incident involving FHGA. PEREZ was not able to provide additional information as to the date,time, and CBP officer involved. On October 23, 2009, Icalled Tutein PRESTON, Supervisory Officer, U.S. CUSTOMS BORDER PROTECTION (CBP), STX Airport, and obtained additional information concerning this incident. PRESTON stated that on October 21, 2009, at approximately 1535 hours, Renael STEELE, CBP officer, and OmarARROYO, Agriculture Specialist, U.S. DEPARTMENT ofAGRICULTURE (USDA), were inspecting an FHGA aircraft servicing flight number 413. PRESTON stated that STEELE observed an unmanifested box with no identifying markings. PRESTON stated that STEELE interviewed four passengers on board the aircraft and none ofthem claimed ownership ofthe box; therefore, it was concluded that the box was transported as cargo. PRESTON stated that a physical search ofthe box revealed two plastic bags labeled "Hazmatpac". PRESTON also stated that each bottle was labeled Fuel Oil, UN#l993, and contained approximately 750ml ofa liquid substance. PRESTON stated that there was no a Materials Safety Data Sheet (MSDS), packing slips, orany hazmat markings or warnings labels on the box which could alert to the presence ofhazmat within the shipment. PRESTON stated that STEELE seized the bottles for further investigation. PRESTON further stated that STEELE would prepare a memorandum and forward it to the FAA. On October 27, 2009, BULTED received a fax from Floyd BROWN, CBP officer, STX Airport, which contained copy ofa bill oflading signed by FOSTER, copy ofa receipt dated 10/21109, and four copies of laboratory analysis reports which identified the diesel samples as Gas Oil (Diesel) which according to the

· Hazardous Materials Table is described as Gas Oil, Class 3, UN1202, PG III.

On October 28, 2009, PRESTON sent an Email which contained photographs ofthe shipment and a memorandum from STEELE, dated November02, 2009. On February 8, 2010, I interviewed InspectorJoaquin PUNTONET, POI for FHGA, SJUFSDO, concerning FOSTER's allegation that the POI recommended that a hazmatprogram was not required to transport small quantities ofproperly package flammable materials. PUNTONET stated that FOSTER's allegation was false.

Interviewed/Reviewed on**'-'AOJ;:p=ri~l-=-l8=,L...:2::..o:Oc.:.l..:::..O**_______At SJU-SECFU By Special Agent Juan BULTED
FAA Form 1600-32-1 (9-86) . File No. 20lOS0700037**~** GOVERNMENT 

## i EXHIBIT

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# __ FOR OFFICIAL USE ONLY (Public availability to be determine under 5 U.S.C. 532).S. DEPARTMENT OF TRANSPORTATIO FEDERAL AVIATION ADMINISTRATION CIVIL AVIATION SECURITY


### STATEMENT OF SPECIAL AGENT (Con't.) 

### On April l, 

### 2010, I called ARROYO and asked him for a copy ofthe laboratory analysis addressed in the memorandum prepared by STEELE to clarify conflictive information concerning the proper shipping name, classification, and UN number shown in a Material Safety Data Sheet (MSDS) received from FHGA and the information containedin STEELE's Memorandum. Itold ARROYO that I had received a copy ofa laboratory analysis from STEELE, however, I wanted to make sure I had the correct document. I further told ARROYO that the MSDS described the hazmat as Diesel Fuel, Class 3, NA1993 and that STEELE's memorandum mentioned a laboratory analysis which described the hazmat as Diesel Fuel 

### UN# 1202. ARROYO replied that he would email a copy ofthe laboratory analysis. On April 1, 2010, I received I received from ARROYO (through Email) a copy ofthe laboratory analysis report. The report was a copy ofthe report which on October 27,2009 BULTED received (through the fax) from BROWN. Based on the laboratory analysis prepared by SGS, company which offered the diesel fuel samples for air transportation, the diesel fuel is best described as Gas Oil (Diesel), Class 3, UN1202, 

### PO III.**IA~efvieweli/Reviewe** 

### on**~A~;]~r¥ill...21~~"-7J~2~0r..:O~-------** At 

### SJU-SECFU By 

### S ecial A ent

### ~13ULTED

.File No. 

### 201OS0700037
FAA Form 1600-32-1 (9-86) FOR OFFICIAL USE ONLY (Public availability to be determine under 5 U.S.C. 532)

# (AIR CARRIERNAME) WILL-NOT CARRY HAZARDOUS MATERIALS OPERATIONS MANUAL and TRAININGPROGRAM

April2006 (Change 1)

### (Optional: certificate holder orManual info. Delete ifnot used) (Optional: add certificate holder or Manual info. Delete ifnot used) 

# Record ofChanges
WILL-NOT CARRY HAZARDOUS MATERIALS OPERATIONS MANUAL AND TRAINING PROGRAM

Page i: Added (Change!) Page ii: Modified/updated 

### May 15,2006 Change 1

May 15, 2006 Page GENERAL-I: Added manual availability regulation, added 175.25 notice clarification, & changed page number Page 1-4: Removed 175.9 citation in Section V 2-2: added in Table



### Ii

### (Optional: add certificate holder or Manual info. Deleteifnot used) (Optional: add certificate holder

### orManual info. Delete ifnot used) April2006


## WILL-NOT CARRY HAZARDOUS MATERIALS OPERATIONS MANUAL AND TRAINING PROGRAM

(City)

(Telephone)

(Signature Block) Corporate Officer

Date (Certificate HolderName)
(Certificate Number)

(Physical Address)
(State) (Zip Code)
(Fax)

(Signature Block) Responsible Hazardous Materials Officer

Date 

### Statement ofIntent: (certificate holder name) will not accept and/or knowingly transport hazardous materials as defined by 49 CFR onboard our aircraft. This Hazardous Materials (HM) Operations Manual and Training Program is intended to ensure that ouremployees, agents, and contract employees are prepared and knowledgeable regarding our policies and procedures as a Will-NOT carry certificate holder. This manual/program will be continually**review~d** 

### to ensure compliance with 14 CFR and 49 CFR.

Manual Accepted Training Program Approved and Recommend Manual Acceptance Hazardous Materials Branch Manager FSDO Principal Operations Inspector

Date Date lll

### (Optional add certificate holderorManual info. Delete ifnot used) (Optional add certificate holder or Manual info. Delete ifnot used) April2006



### H1ZARDOUS MATERIALS OPERATIONS MANUAL AND TRAINING PROGRAM TABLE OF CONTENTS GENEML 

## I PART ONE: HAZARDOUS MATERIALS OPERATIONS MANUAL Section I II



### III IV



## v VI VII 

### Contents Responsibilities Company Materials (COMAT) A. 

### Shipping 

### I Transporting ofCOMAT B. HM COMATExceptions Pre-Board Inspection Hazardous Materials Exceptions for Passenger and Crew Members A. 

### HM Carried by Passenger or CrewMembers B. 

### Acceptance ofWheelchair I

### Mobility Aids C. Lithium Batteries Prohibited Operations as a Will-NOT Carry Repair StationNotification Notification ofHM Incidents, Discrepancies and Required Reports A. Reporting ofIncidents B. Reporting ofDiscrepancies 

### PART TWO: HAZARDOUS MATERIALS TRAINING PROGRAM Section I II 

### III 

### Contents Requirements Training Curriculum & 

### Reference Table Aspects ofHazardous Materials AirTransportation 

### APPENDI IES 

### Appendix A 

### B 

## c D E 

### Description Hidden Shipment Indicators DOT Chart

- Hazardous Materials Marking, Labeling & 

### Placarding Guide Hazardous Materials Onboard Aircraft ·Hazardous Materials Incident Report: DOT Form F 5800.1 (01-2004) Notification to Repair Stations ofHM Policies and Operation Specifications

IV

### (Optional: add certificate holder orManual info. Delete ifnot used) (Optional: add certificate holder orManual info. Delete ifnot used) May 15, 2006 Change 1

GENERAL WILL-NOT CARRY HAZARDOUS MATERIALS OPERATIONSMANUAL AND TRAINING PROGRAM
Notwithstanding the contents ofthis manual, we are responsible for compliance with all provisions ofthe Hazardous Material Regulations (HMR), Title 49, Code ofFederal Regulations (49 CFR) and the Federal Aviation Regulations, Title 14 CFR. A current copy ofthis manual orappropriate portions thereofshall be made available to ground personnel, maintenance personnel, and crewmembers when performing any Hazardous Materials (HM) duties (14 CFR 121.137 and 135.21). This Hazardous Materials Operations and Training Program shall be followed by each crewmember and person performing or directly supervising any ofthe followingjob functions involving any item for transport on board, attached to, or suspended from an aircraft: Acceptance, Rejection, Handling, Storage incidental to transport, Packaging ofcompany material, or Loading. No employee, agent, or contract employee may prepare HM for shipment, including Company Material (COMAT), unless trained in this function. The terms Dangerous Goods and Hazardous Materials (HM) are synonymous and may be used interchangeably. Dangerous goods and hazardous materials are sometimes also referred to as regulated materials, restricted articles, and dangerous materials. Definitions ofcommonterms applicable to HM are found in 49 CFR 171.8, Definitions and Abbreviations. We shall not use or allow any crewmember or person to perform or directly supervise anyjob function in the Training Reference Table (Part Two), unless that personhas satisfactorily completed ourFAA-approved initial orrecurrent hazardous materials program within the past 24 months. Exceptions for new hires, persons performing a newjob function, and persons who work for more than one certificate holder are specified in 14 CFR 121.1005(b) and (c) or 135.505(b) and (c). An exception for operations in foreign locations is specified in 14 CFR 121.1005(f) or 135.505(f). The notice required by 49 CFR 175.25 shall be prominently displayed at all facility locations where passengers are ticketed, boarded, and/or baggage is checked. The notice required by 49 CFR 175.26 shall be prominently displayed at each facility locations where cargo is accepted. At passenger terminals where both passenger and cargo notices would be required, the use of only the 49 CFR 175.25 notice is allowed. Each repair station performing work for or on our behalfshall be notified in writing ofour policies pertaining to hazardous materials (14 CFR 121.1005(e) or 135.505(e)). This notification requirement only applies to repair stations that are regulated by 49 CFRParts 171-180. (See Appendix E) All HM Company Material (COMAT) will be offered to a different mode oftransportation (e.g., ground) and/or a certificate holder that is authorized to transport HM.

GENERAL-II 

### (Optional:/!add certificate holder orManual info. Delete ifnot used) (Optional: add certificate holder orManual info. Delete ifnot used) 

### I 

# I PART ONE

I I 

# I HAZARDOUS MATERIALS OPERATIONS MANUAL I. RESPONSIBILITIES 

### I April 2006

The genen:\.1 transportation requirements of49 CFR state that shippers ofHM mustproperly declare any such material at the time it is offered for transportation to the carrier. The certification and information provided by the shippermay be relied upon to determine ifthe shipment ik authorized for air transportation. Therefore, it is acceptable practice to assume that a HM

### packa~e may be recognized by its conspicuous markings and label(s), which are required to be displayJd on the outside ofthe package, and by the shipping document(s) which must be a part ofthe

### ~offering and must accompany the shipment during transportation. Shippers/Passengers may be unaware ofthe requirements for offering and transporting HM. Wheb accepting cargo or baggage, itmay be necessary to question persons offering these items to ddtermine the exact contents and thereby prevent the inadvertent acceptance and transport

# orHM. All cargo or baggage and any documents tendered with the shipment will be reviewed for an indication that the item(s) is HM. All employees, agents, and contract employees\shall be provided a trigger list ofindicators ofundeclared HM to assist them in their review. (See Appendix A, Hidden ShipmentIndicators) Any packake that displays a HM marking or label, as shown in the latest DOT labeling chart, or otherwise i 1 

### s known or suspected ofcontaining HM, will not be accepted for air transportation or loaded

### abo~rd an aircraft. (See AppendixB, DOT Chart) II. 

### COMPkNY MATERIALS (COMAT) I 

### COMAT 

### iJ an industry term developed and used by certificate holders and is generally used to describe a

### ~ide array ofcompany materials including replacement items for installed equipment and consumable materials. (See Appendix C, Hazardous Materials Onboard Aircraft) A. Shipping I 

### Transporting ofCOMAT All COMA T 

### will be evaluated and identified by its hazardous or non-hazardous classification. All HM CompanyMaterial (COMAT) will be offered to a different mode oft!ransportation (e.g., ground) and/or a certificate holderin full compliancewith all I 

### provisions ofthe Hazardous Materials Regulations. Employees, agents, and contractors whb prepare and/or offer HM shipments for transportation must receive additional function specific traihing to satisfy all ofthe requirements for shippers under 49 CFR Part 172, I**Su~part** 

### H.

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### B. HM COMAT Exceptions (49 CFR 175.8) April2006

,

### ............................................................................................................................................................................................................................................................... .. 1

### HM COMAT will not be transported on ouraircraft. The ONLY exception is: 1 1A tire assembly with a serviceable tire is not subjectto the provisions ofthis subchapter 1 

# i provided the tire is not inflated to a gauge pressure exceeding the maximumrated pressure 

# l 

# l for that tire and the tire (including valve assemblies) is protected from damage during 

# l**~** transport. A tire ortire assembly which is unserviceable ordamaged is forbidden from air

### ~ 1transport unless deflated to where it no longer meets the definition ofhazardous material. 1

## [..(~.:.:

# ..**~~**

# ..**S:~.~** 

# ...**~.?..?.:.~~?.>..(~).L**

# ........................................................................................................................................................................................

# J All COMA T received from Repair Stations and Parts Suppliers shall be scrutinized to determine ifthe material is HM before introducing it into the transportation system. 

### III. PRE-BOARD INSPECTION No employee, agent, or contract employee shall load any carg9 orbaggage containing indicators ofHM aboard an aircraft, onto an aircraftpallet, orinto a Unit Load Device (ULD) unless it can be verified that the contents are not HM. 

### IV. HM EXCEPTIONS FORPASSENGER AND CREW MEMBERS Certain materials that are normally regulated as HM are excepted from the HMR. A summary of commonly utilized exceptions ofthis regulation are provided inthis section. All available exceptions are listed in 175.10 to include matches/lighters, implanted medical devices and radiopharmaceuticals, alcoholic beverages, butane powered curling irons, small thermometers, small arms ammunition, dry ice, selfinflating lifejacket, compressed gas for medical limbs, and electrically powered heat producing articles. A current copy ofTitle 49 CFR Part 175 or a printout ofthe applicable sections from the internet will be maintained for reference. 

### http://ecfr.gpoaccess.gov or http://hazmat.dot.gov A. HM Carried by Passenger or Crew Members Personal use items carried by passenger or crew members are allowed underthe following conditions: 1) Non-radioactive medicinal ortoiletry articles (including aerosols) maybe carried in checked or carry-on baggage. 2) Any Division 2.2 aerosol with no subsidiary risk and a protective cap (checked baggage only). 3) The aggregate quantity ofall HM items carried by each person allowed in 1-2 above may not exceed 70 oz. (2 kg) by mass or 68 fl. oz. (2 L) by volume. Each individual container cannot exceed 18 oz. (0.5 kg) by mass or 17 fl. oz. (500 ml) byvolume. 4) One self-defense spray not exceeding 4 fl. oz. that incorporates a positive means to prevent accidental discharge (checked baggage only).

1-2' I I**(Option~!:** 

### add certificate holder orManual info. Delete ifnot used) April 2006 (Option1 

### al: add certificate holder or Manual info. Delete ifnot used) 

### B.lcceptance ofWheelchair IMobility Aids BatJery-powered wheelchairs/mobility aids canbe accepted as baggage.

## Wh~elchairs/mobility aids will NOT be transported ifit exhibits evidence ofprevious

### leak~ge ordamage. Wheelchair batteries are either "spillable" or "non-spillable". 1)

# ~on-Spillable Batteries in a Wheelchair I

### Mobility Aid Nod-Spillable batteries may be accepted for transport with the battery attached when

### pro~erly prepared for shipment. • The battery must be disconnected and terminal and end cables are insulated to prevent short circuits. • The battery must be securely attached to the wheelchair/mobility aid. • A visual inspection must not reveal any obvious defects. • Batteries manufactured after September 30, 1995, must be marked on the outside ofthe battery case, "NON-SPILLABLE" or "NON-SPILLABLE 

# I BATTERY." Ifth'e wheelchair/mobility aid cannotbe loaded/stowed in an upright position, it is advisable that the battery be removed and terminals are insulated to prevent short circuits. 

## I 2) 1pillableBatteries in a Wheelchair I

### Mobility Aid Spil able batteries may be accepted for transport with the battery attached when pro,erly prepared for shipment. • The battery must be disconnected andterminal and end cables are insulated to prevent short circuits. • The battery must be securely attached to the wheelchair/mobility aid. • A visual inspection must not reveal any obvious defects. •The wheelchair/mobility aid must be loaded, stowed, secured, and unloaded in an upright position (If

### this cannot be accomplished the battery must be removed). • The Pilot-in-Command must be advised either orally or in writing priorto 

# I departure as to the location ofthe spillable battery aboard the aircraft. 3) 

### Battery Removal Ifa

### ~attery is removed from the wheelchair/mobility aid, the removal 

### must be performed by qualified airline personnel only. The battery must be transported in strohg, rigid packaging under the following conditions: • The packaging mustbe leak-tight and impervious to battery fluid. An inner liner may be used to satisfy this requirement ifthere is absorbent material placed inside ofthe liner and the liner has a leakproofclosure; • The battery must be protected against short circuits, secured upright in the packaging, and be packaged with enough compatible absorbent material to completely absorb liquid contents in the event orrupture ofthe battery; and • The packaging must be labeled with a CORROSIVE label, marked to indicate proper orientation, and marked with the words "Battery, wet, with wheelchair;" 

### 1-3(Optional: add certificate holder or Manual info. Delete ifnotused) (Optional: add certificate holder or Manual info. Delete ifnot used)


### C. Lithium Batteries Personal use consumer electronic and medical devices (watches, calculators, cameras, cellularphones, lap-top computers, camcorders, hearing aids, etc.) containing lithium cells orbatteries, and spare lithium batteries and cells for these devices, are allowed in checked or carry-on baggage. Each installed or spare lithium battery must confirm to the following: May 15,2006 Change 1

• The lithium content ofthe anode ofeach cell, when fully charged, is not be more than

5g;and • The aggregate lithium content ofthe anodes ofeachbattery, when fully charged, is

not more than 25g.



### V. PROHIBITED OPERATIONS AS AWILL-NOT CARRY All regulations listed below are prohibited from being utilized due to our WILL-NOT Carry policy. Any interest inutilizingthe belowregulations requires coordination and update ofour HM Operations Manual and Training Program to a WILL Carry with our FAA Principal Operations Inspector (POI). 175.8(a)(3) Exceptions for operator equipment and items ofreplacement dealing with COMAT. 175.310 Transportation offlammable liquid fuel; aircraft only means oftransportation. 175.501 Special requirements for oxidizers and compressed oxygen.



### VI. REPAIR STATION NOTIFICATION Each repair station regulated under49 CFRParts 171-180 performing work for or on ourbehalf must be notified in writing ofourpolicies and operation specifications pertaining to its "WillNOT Carry" HM status in accordance with 49 CFR 121.1005(e) or 135.505(e).ltis acceptable to notify all repair stations ourHM policies and operation specifications. Each repair station must acknowledge receipt ofthe above notification. A record ofthe acknowledgementreceipt should be kept together with the notification. 

### (See Appendix E, 

### Repair Station Notification)

1-4

### (Optional: add certificate holderor Manual info. Delete ifnot used) April 2006

### (Optio~al: add certificate holder orManualinfo. Delete ifnot used) VII. NOTiFICATION OFHM INCIDENTS, DISCREPANCIES AND REQUIRED REPORTS 

### A. Redorting ofIncidents (See 49 

### CFR 171.15) I)

# lA HM incident shall be reported, as soon as practical but no laterthan 12 hours after the bccurrence the incident, bytelephone to the National Response Center (NRC) at 800-424- ls802 (toll free) or 202-267-2675 orelectronically at http://hazmat.dot.gov/spills.htm. Notice rnvolving an infectious substance may be given to the Director, Centers for Disease Control rand Prevention at 800-232-0124 (toll free) in place ofthe notice to the NRC. This includes

· nciaents that occur during the course oftransportation (including loading, unloading, or emporary storage) in which: a) A person is killed; or b) A person receives injuriesrequiring hospitalization; or c) An evacuation ofthe general public occurs lasting one or more hours; or d) One or more majortransportation arteries orfacilities are closed or shut down for one hour ormore; or e) The operational flight pattern or routine ofan aircraft is altered; or f) Fire, breakage, spillage, or suspected radioactive contamination occurs involving shipment ofRAM; or g) Fire, breakage, spillage, or suspected contamination occurs involving shipment of infectious substances (etiologic agents); or h) A situation exists ofsuch a nature (e.g., a continuing danger to life exists at the scene of the incident that, inthejudgmentofthe carrier, it should be reported to the NRC even though it does not meet the criteria ofparagraph 1 )(a) thru (g) ofthis section. 2) Radioactive Materials (RAM)

- In addition to the notification to the NRC, a notification mustbe made at the earliestpracticable moment to the shipper ofthe RAM involved in the incident. 3) Filing an Incident Report (See 49 CFR 171.16) A report shall be submitted on DOT Form F 5800.1 (01-2004), within 30 days ofthe date ofdiscovery, for each incidentthat occurs during the course oftransportation (including loading, unloading, or storage, incidental thereto) in which any ofthe circumstances set forth in 49 CFR 171.15(b) occurs, there has been an unintentional release ofhazardous materials from a package or quantity ofhazardous waste has been discharged during transportation, or undeclared hazardous materials are found in cargo or baggage. 

### Exception: Undeclaredhazardous materials discovered in baggage during the airport screeningprocess are notsubjectto filing aDOTF5800.1. Such items in baggage mustbe reportedas a discrepancyper49 CFR 175.31. (See Section VIJ.B) A copy ofDOT Form F 5800.1 (01-2004) will be forwarded to: a) Information Systems Manager, PHH-63 Pipeline and Hazardous Materials Safety Administration Department ofTransportation Washington, DC 20590-0001, and b) The nearest FAA Security Office in the region ofdiscovery. In tructions for completing DOTForm F 5800.1 (01-2004) are included in 

### Appendix D. 1-5

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B. Reporting ofDiscrepancies (See 49 CFR 175.31) April2006

1) In the event ofa discrepancyrelative to the shipment ofhazardous material following its acceptance for transportation aboard an aircraft, notification to the nearest 

### FAA Security Office, by telephone or electronically, shall be made as soon as practicable, and shall provide the following information:

a. Name and Telephone number ofthe person reporting the discrepancy. b. Name ofthe aircraft operator. c. Specific location ofthe shipment concerned. d. Name ofthe shipper. e. Nature ofdiscrepancy. f. Address ofthe shipper orperson responsible for the discrepancy, ifknown. 2) Packages or baggage which are found to contain hazardous materials subsequent to their being offered and accepted as other than hazardous materials (undeclared) must be reported. 3) Discrepancies involving hazardous materials which are improperly described, certified, labeled, marked, or packaged, in a manner not ascertainable when accepted under 175.30(a), must be reported.

1-6I I

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EMERGENCY RESPONSE CONTACT LISTS National Incident Response Contacts CONTACT PHONE NUMBER 

### Center for/Disease Control (800) 232-0124 National Response Center (NRC) (See Section VILA) I 

### (800) 424-8802 ForRadidactive Materials: 

### Departme1t ofEnergy (DOE) (202) 586-8100 Nuclear Rfgulatory Commission (301) 816-5100 

# I In addition to the contacts listed above, current local listing ofemergency contacts at each station whbre operations are conducted will be maintained. At a minimum, the list will contain the following telephonic contact information: 

### I 

# ! Local Incident Response Contacts 

## I CONTAIT 

### Local FAt Security & 

### Hazardous Materials Field Office FAA Regi/onal Operations Center (24-hour contact) FAA Fligfut Standards District Office (FSDO) (Holding}AA Certificate) I 

### Airport**P~lice** I 

### Fire Depahment I 

### Ambulande/Hospital l 

### State**Dep~rtment** 

### ofEmergency Services

I 

### Disposal 

### MHazardous Materials ! ForRadibactive Materials: I 

### State Radiation Control I I NOTES: 

# i PHONENUMBER 

### l-305-716-3340 1-404-305-5180 1-813-287-4900
91111-727-582-6200 91111-727-562-4334 91111-727-462-4922 1-800-467-4922 1-727-462-6633

1-850-245-4266

• The**No~h** American Emergency Response Guidebook is a valuable resource to have for handling

HM incidents. 

### http://hazmat.dot.gov/pubs/erg/gydebook.htm • The Emdrgency Response Telephone number provided on the Dangerous Goods Declaration

(shipping papers) should be utilized as a resource in a HM incident. I 

### 1-7(Optional: add certificate holder orManual info. Delete ifnot used) (Optional: add certificate holder orManual info. Delete ifnot used)


### PARTTWO HAZARDOUS MATERIALS TRAINING PROGRAM I. REQUIREMENTS April2006

No crewmemberorperson shallperform ordirectly supervise any hazardous material (HM)job function to include acceptance, rejection, handling, storage incidental to transport, packaging of company material (COMAT), or loading ofcargo and baggage, unless that person has satisfactorily completed our FAA-approved initial orrecurrent hazardous materials program within the past 24 months. A record ofthe satisfactory completion ofthe initial and recurrent hazmattraining for each individual within the preceding 3 years shall be maintained. These records will be available at the location where the personnel perform such duties, and will be maintained for as long**a~** the employee is performing HM duties, and for 90 days thereafter. Training records for all direct employees, independent contractors, subcontractors, and any otherperson who performs or directly supervises a HM function must be available upon request. Records may be maintained electronically and provided on location electronically. The content ofthe HM Training Records must include: 1. The individuals name, 2. The most recent training completion date, 3. A description, copy orreference to training materials used to meet the training requirement, 4. The name and address ofthe organization providing the training, and 5. A copy ofthe certification issued when the individual was trained, which shows that a test has been completed satisfactorily. Ifa person is utilized under an exception (new hire or newjobfunction) in 14 CFR 121.1005(b) or 135.505(b), a record mustbe maintained in accordance with 14 CFR 121.1007(d) or 14 CFR 135.507(d). Exceptions for persons who work for more than one certificate holder are specified in 14 CFR 121.1005(c) or 135.505(c). An exception for operating at foreign locations is specified in 14 CFR 121.1005(f) or 135.505(£). 

### II. TRAINING CURRICULUM & 

### REFERENCE TABLE All materials and regulations used in ourtraining curriculum must be current and valid at the time ofthe training. Part 121 and 135 hazardous material training requirements canbe found online at: 

### http://ecfr.gpoaccess.gov Ourtraining program will satisfy the requirements in the Training Reference Table and 49 CFR Parts 171 through 180. The training required is based on the functions beingperformed. Each trained person will be able to recognize items that contain ormay contain regulated hazardous materials. A method to answer all questions prior to testing regardless ofthe method ofinstruction will be provided. We will certify that each trainee has been satisfactorily tested and verify understanding ofthe HM regulations and ourpolicies. 2-1

### : add certificate holder or Manual info. Delete ifnot used)

. : add certificate holder or Manual info. Delete ifnot used) May 15,2006 Change I

oftransport of aterials by airwith be familiar, as a (See Note 1)

X X

X

X X X X

X X X



### extent oftrainingvaries for each person depending on thejobfunction they The material shall be covered in such scope and depth as to provide all personswith knowledge ofapplicableHM regulations and procedures to safely accomplish their X



### 2-2

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### III. ASPECTS OF HAZARDOUS MATERIALS AIR TRANSPORTATION April2006

At a minimum, ourhazardous materials training programs will include the following information for each aspect ofhazardous materials airtransportation. General Philosophy
• Certificate Holder's Will-NOT Carry Policies and Procedures • HM Training Program**~** 

### 14 CFR Subpart Z • Applicable Regulatory Materials • Overview of49 CFRParts 1 00-185 • Definitions Used in Air Transportation ofHazardous**Materials~** 

### 49 CFR 171.8 • General Transportation Requirements**~** 

### 49 CFR 171.2 • Transport by**Aircraft~** 

### 49 CFRPart 175 • Training Requirements and Recordkeeping**~** 

### 49 CFR 172.700 • Enforcement • Hazardous Materials Security Limitations
• Hidden Hazardous Materials • Hazardous Materials Carried by Passenger or Crew General Requirements For Shippers
• Shippers Specific Responsibilities and Compliance to Regulations • Identify and Recognize HM COMAT

- Hazardous Materials Onboard Aircraft**~** 

### Appendix C

- Replacement Components

- Consumable Materials • Specific HM COMAT**Exceptions~** 

### 49 CFR 175.8 • Facility Storage, Safe Movement and Handling Requirements for HM COMAT Classification
• Hazardous Materials**Classification~** 

### 49 CFR 172.101, 173.2, and 173.2(a) • Unacceptable Hazardous**Materials~** 

### 49 CFR 172.101, 173.21, and 175.3

2-3

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### j List ofHlzardous Materials


### •

# ~urpose and Use ofthe Hazardous Materials

# Tables~ 49 CFR 172.101 •**~i!oper** 

### Shipping**Names~** 

### 49 CFR 172.101 and 172.202 • tjlazard Class**(Definitions)~** 

### 49 CFR 172.101 and 173.50- 173.144 • UJN/ID**Numbers~** 

### 49 CFR 172.101 and 172.202 ·1acking

### Group~ 49 CFR 172.101 and 172.202 General Hacking Requirements


### •

# ~hippers**Responsibilities~** 49 CFR 171.2(e) and 171.12 • dJeneral Packing

### Requirements~ 49 CFR 173.24, 173.24(a), and 173.27 •

### ~acking Instructions and

### Assignments~ 49 CFR 172.101 and Part 173 • Small Quantity Exceptions**~** 

### 49 CFR 173.4 • rlimited Quantity Exceptions

### ~ 49 CFR 173.150- 173.156 Labeling

# land Marking

. 

### •

# ~arkings Required on Packages Containing Hazardous Materials

# ~ 49 CFR Subpart D • rLabels Required on Packages Containing Hazardous Materials

### ~ 49 CFR Subpart E Hazardols Materials Transport Document and Other Relevant Documentation


### • Jhipper's Certification Requirements for Hazardous

# Materials~ 49 CFR 172.204 • Shipping PaperRequirements

### ~ 49 CFR 172.200 and 172.201 I 

### • rpescription ofHazardous Materials Required on Shipping**Papers~** 

### 49 CFR 172.202 and 17Q.203

.

I 

### • Shipping Papers for Hazardous Materials aboard**Aircraft~** 

### 49 CFR 175.35 I

. I 

### Recognition ofUndeclared Hazardous Materials


### • *idden Shipment

# Indicators~ Appendix A • Suspicious Cargo and Baggage Awareness •

### ~azardous Materials Discrepancy/Incident

### Reporting~ 49 CFR 171.15, 171.16, 175.31,

..ani(} Appendix D ProvisiOns for Passenger and Crew


### • fazardous Material

# Exceptions~ 49 CFR 175.10 Emergenkv Procedures 

## I • lLJse ofNorth American Emergency Response Guidebook (Cargo Facility I 

### Ground Hkdling) • Use ofICAO Red Book or similar reference (Onboard Aircraft)

2-4

### (Optional: add certificate holder orManual info. Delete ifnot used) (Optional: add certificate holder orManual info. Delete ifnot used) April2006 APPENDIX A HIDDEN SHIPMENT INDICATORS 

### Cargo and b'aggage that are offered under a general description might have hazards that are not apparent. The Hazardous Materials Table in 49 CFR Part 172 is not complete, and shippers and passengers may not be aware ofthis. Some oftheseconsignments have caused incidents that could have seriously endangered the safety ofthe aircraft and/or its passengers. Please be alert to these possible hazards. Items found containing a hazardous material need to be shipped in accordance with the 49 CFR/ICAO Technical Instructions. NAME REMARKS 

### Aircraft Parts/COMAT May indicate the presence ofchemical oxygen generators, flammable liquids/solids, corrosives, compressed gases, radioactive materials in aircraft

.parts and accessories, or general company materials. Automobile Parts (car, motor, May contain cellulose paints, wet batteries, motorcycle) shocks/struts with nitrogen, airbag inflators/airbag modules, etc. Breathing Apparatus/SCUBA May indicate compressed air oroxygen cylinders Bull (or other animal) Semen May involve use ofrefrigerant (e.g., LiquidNitrogen) Camping Equipment May contain flammable liquids, gas, or solids Chemicals Often found to be hazardous Cryogenic (Liquid) Indicates low temperature, lowpressure, or nonpressurized gas such as Argon, Helium, Neon, and Nitrogen Cylinders May indicate compressed gas Dental Apparatus May contain hazardous chemicals such as resins or solvents Electrical Equipment May contain magnetized materials or mercury in switch gear and electron tubes Electrically Powered May contain wetbatteries apparatus (wheelchairs, lawn mowers, g_olfcarts, etcl Frozen Fruits, Vegetables May be packed in Dry Ice (Solid Carbon Dioxide) Household Goods May contain hazardous materials such as paint, aerosols, bleaching powder, etc. Instruments May conceal barometers, manometers, mercury switches, rectifier tubes, thermometers containing mercury LaboratoryIT 

### esting May contain various hazardous chemicals Machinery Parts May include hazardous chemicals (adhesives, paints, sealants, solvents, etc.) Medical Supplies/Equipment (Test Kits) May contain various hazardous chemicals Pharmaceuticals May contain various hazardous chemicals A-1

### (Optionll: add certificate holder orManual info.

### (Option~!: add certificate holder or Manual info. Delete ifnot used) Delete ifnot used) April2006

Photo Supplies May contain various hazardous chemicals Refrigerat9rs May contain various hazardous chemicals Repair Kitr May contain various hazardous materials (adhesives, solvents, cellulosepaints, organic peroxides, etc.) Samples ftr Testing May contain various hazardous materials (including infectious substances) Swimming Pool Supplies Maycontain acid, chlorine Switches ih Electrical Equipment or May contain mercury I 

### Instrument Tear Gas fispensers Contains irritating material orpepper gas which is forbidden on passenger aircraft Toys 

# I May be made ofcelluloid orotherflammable material Tool Box1s May contain Flammable gases, liquids, adhesives, Cleaners, Corrosives, Oxidizers, etc. Vaccines 

# I May be packed in Dry Ice (Solid Carbon Dioxide)

Note 1: 

### A:iicles which do not fall within the hazardous materials definitions of49 CFR and which, in the event ofleakage, may cause serious cleanup problems or corrosion to aluminum on a long tenh basis, must be checked by the shipperto at least ensure that the packaging is adequate

### t~ prevent leakage during transportation. These may include brine, powered orliquid dyes, pickJed foodstuffs, etc. Note 2: 

### Jagnetized material, as defined in 49 CFR, with a gauss reading ofmore than 0.00525 is

### forbidd~n for air transportation and a package with a reading of0.00525 or less is not regulated.,The ICAO and IATA Regulations regulate magnetized material with a reading between 0.002 gauss and 0.00525 gauss, thus requiring a magnetized material label.

A-2(Optional: add certificate holder or Manual info. Delete ifnot used) (Optional: add certificate holder orManual info. Delete 

### ifnotused) April2006



### APPENDIXB 

## DOT CHART Hazardous Materials Marking, Labeling 

## & Placarding Guide

SEE ATTACHED

This DOT CHART is produced by the Pipeline and Hazardous Materials Safety Administration (PHMSA). It

## can be purchased individually or obtained for Free in their Outreach Training Folder labeled, "HAZARDOUS MATERIALS SAFETY PACK A." The DOT CHARTs and HAZMAT Pack A's can be ordered on-line at: https://hazmatonline.phmsa.dot.gov/services/pub default.aspx

B-1

## I (OptionL add certificate holder or Manual info. Delete ifnot used) (Optionfl: add certificate holder orManual info. Delete ifnot used) April2006



### APPENDIXC Hazardous Materials Onboard Aircraft



# / Delete this box andutilize this space to add a pieture(s) ofrepresentative aircraft for yourfleet and

# ~nnotate where the various items listed below are located on the aircraft. Spaces 18-20 in the list below can be utilized for a(]lditional HM items applicable to your aircraft that are not already listed.

I. BatterJ,Aircraft 

# I 2. Engine Oil (as hazardous waste) 3. Escape

# ~lides/Life Rafts 4. Fire BJtles (Af>U, engines, lower cargo compartmdnt, and lavatory waste containers) 5. Fire Exlinguishers (attendant stations, I closets, galleys, etc.) 6. Fuel 7. Hydrau'lic Fluid,Reservoirs (as hazardous waste) 

# I
8.

# Uraniu~ (depleted, counter-balance weights) 9. OrdnaJceDevices (off-wing escape) 10. OxygLBottles,Portable, Gaseous 11. Oxygen Bottles, Crew System, Gaseous 12. Oxygen Bottles,Passenger System, Gaseous (Standard) 13. Oxygen Generators (optional: each PSU standard: each attendant station and lavatory) 14. Rain Repellant 15. Refrigerant (located in each galley) 16. Smoke Hoods 17. Tritium Radioactive Signs (aisle and emergency exit doors) 18. 19. 20. C-1

### (Optional: add certificate holder orManual info. Delete ifnot used) (Optional: add certificate holder orManual info. Delete ifnot used) April2006



### APPENDIXD


## Hazardous Materials Incident Report: DOT Form F 5800.1 (01-2004) Includes Guide for Preparing Hazardous Materials Incidents Reports 

## SEE ATTACHED DOTForm F 5800.1 can now be reported on-line to the DOT. The form can then be printed out and faxed, mailed, or emailed to your local FAA HM Field Office meetingthe requirements ofair incidents in 49 CFR 171.16. For assistance in completingthe Incident Report Form 5800.1 or any questions regarding the incident reporting requirements, please call the Hazardous Materials Information Center at 800-467-4922. You may also send your question in by email (hmis@dot.gov). http://hazmat.dot.gov/enforce/spills/spills.htm

D-1

# I (OptionAl: add certificate holder orManual info. Delete ifnot used) (OptionJl: add certificate holder or Manual info. Delete ifnot used) 

## I April2006

APPENDIXE


### Notification ofHazardous Material Policies and Operation Specifications

Date: To: 

### From:

----+------ 

### is hereby notifying you ofour policies and operation specifications concerningjthe transport ofhazardous materials. This notification is conducted in accordance with the requirements of 14 CFR, Parts 121.1005(e) or 135.505(e). In accordance with 14 CFR
· 145.206(a), you are required to acknowledge receipt ofthis notification back to us.

----+-----hasan FAA approved Will-NOT Carry Hazardous Materials Program.

E-1(Certificate Name and Number :XXXX:XXX (ifdesired) April 2006 Change 1)



# (insertyour name here) WILL-CARRY HAZARDOUS MATERIALS OPERATIONSMANUAL and TRAININGPROGRAM

April2006

(Change 1) May 15,2006 Change 1**~** GOVERNMENT

### ~ EXHIBIT 

# i**'~** LC 5**~**Change I 

# Record ofChanges
WILL-CARRY HAZARDOUS MATERIALS OPERATIONS MANUAL AND TRAINING PROGRAM

Page i: Added (Change I) Page ii: Modified/updated Page GENERAL-I: Added manual availability regulation, added 175.25 notice clarification, & changed page number Page 1-8: Corrected table Page 2-2: Regulation update added in Table

### (Certificate Name and Number :XXXXX:XX (ifdesired) April 2006 Change 1)


## WILL-CARRY HAZARDOUS MATERIALS OPERATIONS MANUAL AND TRAINING PROGRAM
(Certificate HolderName)
(Certificate Number)

(Physical Address)
(City) (State) (Zip Code)



### Statement ofIntent This Hazardous Materials (HM) Operations Manual and Training Program shall be followed by all employees, agents, and contract employees of(name ofcertificate holder). This manual/program will be continually reviewed to ensure compliance with 14 CFR and 49 CFR. Will Transport Commercial Hazardous Materials? 

### YES NO Will Transport Own HM Company Material (COMAT)? 

### YES NO

Training Program Approved and Recommend Manual Acceptance Hazardous Materials Branch Manager

Date Manual Accepted FSDO Principal Ops Inspector

Date 11



### iii

### (Certificate

# lame andNumber XXXXXXX (ifdesired) April 2006 Change 1)

HAZA!RDOUS MATERIALS OPERATIONS MANUAL AND TRAINING PROGRAM 

# I TABLE OF CONTENTS GENERAL PART ONE: HAZARDOUS MATERIALS OPERATIONS MANUAL Section Contents I 

### Acceptance Procedures A. 

### Shipping Documents and Certification B. Marking C. Labeling 

### D. Placards E. Rejection ofNon-Compliant HM 

### II Company Materials (COMAT) A. Shipping 

### ITransporting ofCOMAT B. HM COMA T 

### Exceptions III Loading 

### I Stowage 

### I Handling Procedures A. Storage Incidental to Transport/Movement B. Segregation Table C. Pre-Board Inspection D. Emergency Response Information IV Pilot-In-Command Notification 

## v Special Flights 

### ISpecial Permits (Exemptions) VI Hazardous Materials Exceptions for Passenger and Crew Members A. HM Carried by Passenger or Crew Members B. Acceptance ofWheelchair I 

### Mobility Aids C. Lithium Batteries VII Repair StationNotification VIII Notification ofHM Incidents, Discrepancies and Required Reports A. 

### Reporting ofIncidents B. Reporting ofDiscrepancies

lV

### (Certificate Name and Number XXXXXXX (ifdesired) April 2006 Change 1) PART TWO: HAZARDOUS MATERIALS TRAINING PROGRAM

Section 

### I II III 

### Contents Requirements Training Curriculum & 

### Reference Table Aspects ofHazardous Materials Air Transportation

APPENDICES
Appendix A 

### B 

# c D E 

### F Description Hidden Shipment Indicators DOT Chart

- Hazardous Materials Marking, Labeling & 

### Placarding Guide Hazardous Materials Onboard Aircraft Hazardous Materials Incident Report: DOT Form F 5800.1 (01-2004) Notification to Repair Stations ofHM Policies and Operation Specifications Acceptance Checklists

v**(Ce~ificate** 

### Name and Number XXXXXXX (ifdesired) April 2006 Change 1)



### GENERAL WILL-CARRY HAZARDOUS MATERIALS OPERATIONS MANUAL AND TRAINING PROGRAM

Notwithstan, ing the contents ofthis manual, we are responsible for compliance with all provisions ofthe Hazardous Material Regulations (HMR), Title 49, Code ofFederal Regulations (49 CFR)

### an~ the Federal Aviation Regulations, Title 14 CFR. A current

# co~y ofthis manual or appropriate portions thereofshall be made available to ground personnel, maintenance personnel, and crewmembers when performing any Hazardous Materials (HM) duties!(14 CFR 121.137 and 135.21). A current copy ofthe HM regulations found in 49 CFR Parts lp7-185 (or a current copy of: the International Civil Aviation Organization (ICAO) Technical Instructions for the Safe Transport ofDangerous Goods by Air orthe International Air Transport Absociation (lATA) Dangerous Goods Regulations) shall be available at each station

. This HazarJous Materials Operations and Training Program shall be followed by each

### crewmemb9~ and person performing or directly supervising any ofthe followingjob functions involving any item for transport on board, attached to, or suspended from an aircraft: acceptance, rejection, hclndling, storage incidental to transport, packaging ofcompany material, or loading. No employcle, agent, or contract employee may prepare HM for shipment, including Company Material (CFMAT),unless trained in this function. The terms Dangerous Goods and Hazardous Materials are synonymous and may be used

### interchange~bly. Dangerous goods and hazardous materials are sometimes also referred to as regulated mlaterials, restricted articles, and dangerous materials. Definitions ofcommonterms applicable tr HM are found in 49CFR I

### 71.8, Definitions and Abbreviations. We shall not use or allow any crewmember or person to perform or directly supervise anyjob function in fhe

### Trai~i~~ Reference Table (Part Two),

### u~less that perso_n

### ~as satisfactorily completed our FAA-awproved Initial or recurrent hazardous matenals program w1thm the past 24 months. Exceptionsjfor new hires, persons performing a newjobfunction, and persons who work for more than one certificate holder are specified in 14 CFR 121.1005(b) and (c) or 135.505(b) and (c). An I 

### exception fbr

### operations in foreign locations is specified in 14 CFR 121.1005(£) or 135.505(£). The notice lequired by 49 CFR 175.25 shall be prominently displayed at all facility locations where passfngers are ticketed, boarded, and/or baggage is checked. The notice required by49 CFR 175.2p shall be prominently displayed at each facility locations where cargo is accepted. At passengrrterminals where both passenger and cargo notices would be required, the use of only the 49!CFR 175.25 notice is allowed. Each repai station performing work for or on ourbehalfshall be notified in writing ofour policies pehaining to hazardous materials (14 CFR 121.1005(e) or 135.505(e)). This notification requiremeJt only applies to repair stations that are regulated by 49 CFRParts 171-180. (See Appendix E) GENERAL-1(Certificate Name and Number XXXXXXX (ifdesired) April 2006 Change 1) PART ONE HAZARDOUS MATERIALS OPERATIONS MANUAL I. ACCEPTANCE PROCEDURES Persons (shippers) offering Hazardous Materials (HM) for air transportation are responsible for properly identifying, describing, classifying, packaging, marking, and labeling the materials as required by either 49 CFR or ICAO. They are also responsible for properly completingthe communications and packaging requirements priorto offering the shipment for transportation. Employees, agents, and contract employees may rely on the certification and information provided by the shipperto determine ifthe HM shipment is authorized for air transportation. All employees, agents, and contract employees responsible for the acceptance ofcargo orbaggage shall be provided a trigger list ofindicators ofundeclared HM to assist them in their review. (See Appendix A, Hidden Shipment Indicators) Domestic shipments may be offered incompliance with either 49 CFR or ICAO requirements. The shipper chooses which regulations to use and the chosen regulations mustbe complied in their entirety. Shipments following ICAO must also comply with 49 CFR 171.11. Ifthe shipment is offered in accordance with ICAO, the accepting employee, agent, or contract employee must also ensure thatthe shipper has complied with all applicable US Variations to the ICAO Dangerous Goods Table. A checklist (See Appendix F, Acceptance Checklist) will be used and will include all reasonable steps to ensure that: • any package containing HM which is damaged or leaking shall be refused without any further processing; • the material is properly described on the shipping papers; • the required certification is onthe shipping papers; • the authorized package is marked and labeled as required; • the shipment is authorized to be transported by aircraft in the condition offered; and • emergency response information accompanies the shipment. A. ShippingDocuments and Certification 1. IfOffered UnderTitle 49 CFR: The proper shipping name for each HM is found in 49 CFR 172.101, the Hazardous Materials Table (HMT). The basic description must include the proper shipping name (supplemented with the technical name(s), ifrequired) found in Column 2, the hazard class ordivision prescribed in Column 3 along with any subsidiary hazard class ordivision as in Column 6, the identification number prescribed ' in Column

### 4, and the packing group in roman numerals prescribed in Column 

### 5. This basic description must be in proper sequence. "Cyclobutyl chloroformate, 6.1, (8, 3), UN2744, PG II" 1-1

### (CertificatelName and Number XXXXXXX (ifdesired) April 2006 Change 1) Alterlatively, the basic description may be shown with the identification number listed first. t'UN2744, Cyclobutyl chloroforrnate, 6.1, (8, 3), PG II"

## Liste~ next is the total quantity ofthe material by weight orvolume and type of pacdging. The emergency response telephone number and additional entry requirements

### folio~ the basic description and quantity when required. The shipper's certification must appeJr on the shipping document and be signed by a representative ofthe shipper. 2. Ifhrrered Under ICAO: 

### HM must.be accurately described on the dangerous goods transport document by its proper shipping name (supplemented withthe technical namd(s) ifrequired), class orwhen assigned- division, any assigned subsidiary hazard

## classl~r division

## nu~ber(s), UN number,

## an~**t~e** appropriate

## pa?kin~ group. These four elemfnts ofthe basic dangerous goods descnpt10n must be provided m the proper**sequ~nce.** 

### In additionto the basic dangerous goods description, the following information must be included on the dangerous goods document: total quantity ofHM coveted by the description ofeach item ofHM bearing a different proper shipping name, UN dumber orpacking group, the number and type ofpackaging, and packing

.

### instr~ctions. The emergency response telephone number and additional entry I 

### requ1rements follow the basic description and quantity. "Acetyl chloride, 3 (8), UN*17, II"

# Alte~atively, the basic description may be shown with the identification number listed first. "UN1717, Acetyl chloride, 3 (8), II" 3. IfOffered Under49 CFR or ICAO: 

### Two copies ofthe shippingpapers must be prov1ided with the shipment. One copy must accompany each shipment, and one copy must be retained for one (1) 

### year after the shipment is accepted. Shipping papers must be madf available to an authorized official upon request. For a hazardous waste, each shipping paper copy mustbe retained for three years after the material is accepted. Each shipping paper copy must include the date ofacceptance. 

# I B. 1\ilarking 

### Thejproper shipping name and identification number appearing on the shipping paper shall also be marked on the outside ofthe package, outside container, oroverpack. The name and add ess ofeither the consignee or consignor must also be marked oneach package. Packages containing liquid hazardous materials must be legibly marked/labeled on two opposite vertfcal sides ofthe package with the orientation arrows pointing in the correctupright dire1 

### ction, unless otherwise excepted. Any additional marking requirements specified in 49 CF!f. required for the package or material being shipped must be met (e.g., specification package marking, overpack marking, limited quantity, etc.). (See 49 CFR Part 172, 

### Subpart D) C. Labeling 

### PriJr to offering HM for shipment, the package mustbe properly labeled. Labels are a prirlted hazard warning. Labels will identify primary and subsidiaryhazards specific to the material. They also identify handling instructions.

1-2

### (Certificate Name and Number XXXXXXX (ifdesired) April 2006 Change 1)
The labeling requirements are found in 49 CFRPart 172, Subpart E. Acceptance personnel shall verify that the outside ofthe package is labeled with the appropriate label(s) from Column 6 ofthe HMT. Additional handling labels may be required. The "Cargo Aircraft Only" label will be affixed to packages containing a quantity ofHMthat may be shipped only on cargo aircraft or are forbidden for transport on passenger aircraft but are permitted for transport on cargo only aircraft per Columns 9A and 9B ofthe HMT in Part 172. The hazard classes are: Class 1- Explosives (See 49 CFR 173.50) Class 2- Flammable Gas (See 49 CFR 173.115) Class 3- Flammable Liquids (See 49 CFR 173.120) Class 4- Flammable Solids (See 49 CFR 173.124) Class 5- Oxidizers and Organic Peroxides (See 49 CFR 173.127 and 173.128) Class 6- Toxic and Infectious Substances (See 49 CFR 173.132 and 173.134) Class 7- Radioactive Materials (See 49 CFR 173.403) Class 8- Corrosive Materials (See 49 CFR 173.136) Class 9- Miscellaneous (See 49 CFR 173.140) ORM-D- Other Regulated Materials (See 49 CFR 173,144) Markings and labels identifying handling instructions are: "Cargo Aircraft Only" label (See 49 CFR 172.402) "Magnetized Material" label (See 49 CFR 173.2l(d) CJ.nd the ICAO Dangerous Goods List for magnetized materials) Unless excepted, orientation markings/labels are required onpackages containing liquids (ji) 

### (See 49 CFR 172.312). These markings and labels are depicted on the Hazardous Materials Marking, Labeling & 

### Placarding Guide. (See Appendix B, DOT Chart) D. Placards 

### Unit Loading Devices (ULD's)/freight containers over 640 cubic feet capacity containing HM, must be placarded in accordance with 49 CFR 172.512(a). ULD's/freight containers less than 640 cubic feet capacity containing HM must eitherbe placarded orlabeled in accordance with 4 9 CFR 1 72.512(b). E. Rejection ofNon-Compliant HM 

### Non-compliant HM shipments shall be rejected and segregated from all other cargo shipments to prevent accidental introduction into the transportation system. A record of' rejected shipments should be maintained. Any shipment not in compliance must be properly disposed ofor corrected in accordance with the HMR for further transportation.

1-3

### (CertificateName and Number XXXXXXX {ifdesired) April 2006 Change I) I 

### II.

## COMPA~Y MATERIALS (COMAT) COMAT is art industry term developed and used by certificate holders and is generally used to I 

### describe a wide array ofcompany materials including replacement items for installed equipment and consumalhle materials. 

### (See Appendix C, Hazardous Materials Onboard Aircraft) 

# I
- A. Shipping I

### Transporting ofCOMAT All COMAT**~hall** 

### be evaluated and identified by its hazardous ornon-hazardous classification. All necessary/measures to ensure that the HM COMAT is transported in full compliance ofthe Hazardous M/aterial Regulations (HMRs) shall be taken. The offering ofHM COMAT is a shipper function under the HMRs. Shipper's responsibilities include classifying, documenting, declaring,

### m~king, labeling, and packaging a HM shipment. These responsibilities apply to all HM COMA

### 1j' shipments for any mode oftransportation. Anyone who accepts orcarries its own HM COMA

### 1i' is considered a transporterunder the HMRs. The offering and acceptance functions should be acdomplished by separate employees. Employees, agents, and contractors who prepare and/Jr offerHM shipments for transportation must receive additional function-specific training to

### sa~isfy all ofthe requirements for shippers under 49 CFRPart 172, Subpart H. 

### B. HM 

### CO+ATExceptions (49 CFR 175.8) There are tiujee exceptions to the transport ofHM COMAT. • When an operator transports its ownreplacement items (spares, COMAT), they can utilize packagings Specifically designed for the transport ofthe aircraft spares and suppliesprovided that such padkagings have at least an equivalent level ofprotection as required bythe HMRs. • When an

### o~erator transports its own replacement items (spares, COMAT), aircraft batteries are not subjdct to the quantity limitations such as those in 49 CFR 172.101 and 175.8(a)(3). • Tires that

### ~re inflated to a pressure not greater than their rated inflation pressure, are not 

### subject to ttrequirements ofthe HMRs. 

### (See 49 CFR 172.307) All COMAT received from Repair Stations and Parts Suppliers shall be scrutinized to determine ifthe material is HM before introducing it into the transportation system. 

# I III. LOADING I 

### STOWAGE I

### HANDLING PROCEDURES No

### employ~e, agent, or contract employee, unless trained in this function, may load ortransport aboard an aircraft any HM unless the shipment has met acceptance and packaging requirements, and the Pildt-In-Command notification has been completed (See 49 CFR 175.30 and 175.33). 

### A. Storage/Incidental to Transport/Movement Title 49

# C~R Part 171.1 contains information designed to clarify and define the applicability of the HMRs regarding persons and functions. Included in this section under Transportation Functions qnL1(c)(4)), is further information on the Storage Incidental to Transport/Movement. It 

### defines the term and clarifies that Storage Incidental to Transport/Movement does not include storage

### of~ HM once it has arrived at its final destination as shown onthe transport document.

1-4(Certificate Name and Number X:XXXX:XX (ifdesired) April 2006 Change 1) 

### B. Stowage and Segregation For stowage on an aircraft, in a cargo facility, or at any other area at an airport designated for the stowage of

### HM, packages containing 

### HM which might react dangerously with one another may not be placed next to each other orin a position that would allow a dangerous interaction in the event ofleakage. At a minimum, the segregation instructions prescribed inthe Segregation Table below mustbe followed to maintain acceptable segregationbetween packages containing 

### HM with different hazards. The Segregation Table instructions apply whether or not the class or division is the primary or subsidiary risk. (See 

### 49 CFR 175.78)

Section 175.78(c) Instructions for using the Segregation Table are as follows: (1) The dashes at the intersection ofa row and column indicate that no restrictions apply. (2) The letter 

### "X" at the intersection ofa row and column indicates that packages containing these classes ofhazardous materials may not be stowed next to or in contact with each other, or in a position which would allow interaction in the event ofleakage ofthe contents. (3) Note 1. "Note 1" at the intersection ofa row and column means the following: (i) For explosives in compatibility groups A through K and N- (A) Packages bearing the same compatibility group letter and the same division number may be stowed together. (B) Explosives ofthe same compatibility group, but different divisions may be stowed together provided the whole shipment is treated as belonging to the division having the smaller number. However, when explosives ofDivision 1.5 Compatibility Group D, are stowed together with explosives ofDivision 1.2 Compatibility Group D, the whole shipment must be treated as Division 1.1, Compatibility Group D. (C) Packages bearing different compatibility group letters may not be stowed together whether or not they belong to the same division, except as provided in paragraphs (c)(3)(ii) and (iii) ofthis section. (ii) Explosives in Compatibility Group 

### L may not be stowed with explosives in other compatibility groups. They may only be stowed with the same type ofexplosives in Compatibility Group 

### L. (iii) Explosives ofDivision 1.4, Compatibility Group S, may be stowed with explosives ofall compatibility groups except for Compatibility Groups A and 

### L. 1-5

### (Certificatelameand Number 

### XXXXXXX (ifdesired) April 

### 2006 Change I) 

### (iv) Othe} than explosives ofDivision 1.4, Compatibility GroupS (see paragraph I 

### (c)(3)(iii) ofthis section), and Compatibility Groups C, D and E that may be stowed**toget~er,** 

### explosives that do not belong in the same compatibility group may not be stowed together.

(A)jAny combination ofsubstances in Compatibility Groups C and D must be assigned to the most appropriate compatibility group shown in Sec. 172.10I Tab1 

### le ofthis subchapter. (B)/Explosives in Compatibility Group N may be stowed together with explosives in Gompatibility Groups C, D or E when the combination is assigned Cmhpatibility Group D. (4) Note 2. "lNote 2" at the intersection ofa row and column means that other than explosives ofDivision 1.4, Compatibility Group S, explosives may not be stowed togetherjwith that class. (5)**Package~** 

### containing hazardous materials with multiple hazards in the class or divisions, which**re~uire** 

### segregation in accordance with the Segregation Table need not be segregated from otherpackages bearing the same UN number. (6) A packate labeled "BLASTING AGENT" may not be stowed next to or in a position that will allotcontact with a package ofspecial fireworks orrailway torpedoes. 

### Poisons: Packages bearing the 

### Poisonffoxic or 

### Infectious substance label may not be stowed in a ground facility ortransported in the same compartment ofan aircraft with material known to bd foodstuffs, feed, or any other edible material intended for consumption by humans ortimals unless loaded in separate ULD's which are not adjacent to each other. 

### Radioactiv. Materials (RAM): While in transport or storage, no more than 50.0 Transport Index (TI) o!fRAM may be stored in any one group ofpackages. Any group ofpackages containing

## ~0.0 TI must be separated from any otherpackage or group ofpackages containing RAM by a distance of20 feet. No package or group ofpackages may be placed in a positiorl that is closerto thatposition which may be continuously occupied by people or animals or

# 16 undeveloped film than the distances allowed in 49 CFR Parts 175.701, 175.702, and 175.70t:>. 

### C: Pre-Boa,rd Inspection General

### In~pection- No employee, agent, or contract employee shall load any package, outside container, or overpack containing HM aboard an aircraft, into a freight container, or onto a

### palle~ priorto loading it aboard an aircraft unless immediately before doing so that person has rnspected the exterior ofthe package, outside container, or overpack and determinedjthat it has no holes, leakage, orother obvious indications that its integrity has been comprpmised. The pre-board inspection is not required for shipments ofdry ice (C02 solid), magnetized materials, orfreight containers ofORM-D-AIRmaterials packaged by, and offered,by, a single shipper. (See 49 CFR 175.30) Unit Load IDevices (ULDs) containing HM must be inspected for damage orleakage priorto being

### loade~ on the aircraft. (See 49 CFR 175.88) Packages, overpacks, or ULDs containing HM must be inspected afterbeing unloaded from the aircraft. Any evidence ofleakage or damage requires further inspection ofthe aircraft and the ULD (ifapplicable) where the HM was**stowe~.** 

### (See 49 CFR 175.90) 1.6

### (Certificate Name and Number XXXXXXX (ifdesired) April 2006 Change 1) RadioactiveMaterials (RAM) Radioactive Contamination -Aircraft used routinely for the transport ofClass 7 (radioactive) materials shall be periodically checked for radioactive contamination. Ifthe level ofcontamination exceeds 0.5 millirem perhourthe aircraft must be taken out ofservice and may not againbe placed in service orroutinely occupied until the radiation dose rate at any accessible surface is less than 0.5 millirem per hour and there is no significantremovable radioactive surface contamination. (49 CFR 175.705) Separation Distances for Animals- The separation distance between the surfaces ofall Radioactive Yellow 

### II and Yellow-III packages, overpacks, orfreight containers must be separated from live animals by a distance ofat least 0.5 meters(20 inches) forjourneys not exceeding 24 hours and at least 1.0 meters (39 inches) forjourneys longerthan 24 hours. (49 CFR 175.701-702) PassengerAircraft

- In addition to any other requirement, packages requiring a radioactive Yellow 

### II or 

### III label must meet the following loading requirements: 1) The 

### RAM must be intended for use in, or incident to, research or medical diagnosis or treatment as indicated by the shipper's certification required by 49 CFR 172.204©(4). 2) No singlepackage carried by a passenger carrying aircraft may exceed a transport index (TI) of3.0. The combined TI and combined critical index ofall the packages on the aircraft may not exceed 50. 3) Each package must be loaded and carried on the ajrcraft in accordance with the separation distance or approved pre-designated area system specified in 49 CFR 175.701 and be secured so as to prevent any movement in flight which would damage or change the orientation ofthe package. Cargo-Only Aircraft

- In addition to any other requirement, packages requiring a radioactive Yellow II 

### or III 

### label must meet the following loading requirements: 

### 1) No single package carried on a cargo-only aircraft may exceed a 

### TI of 

### I0.0. The combined TI ofall the packages on the aircraft may not exceed 200. The combined critical index ofall the packages on the aircraft may not exceed 50 on non-exclusive use cargo aircraft, or I

### 00 on exclusive use cargo aircraft offissile material (additional instructions must be developed by both shipper and carrier) 2) The total TI ofall ofthe packages loaded on the aircraft does not exceed 200.00 and each package is loaded and carried onthe aircraft in accordance with the separation distance of49 CFR 175.702 and be secured so as to prevent any movement in flight which would damage or change the orientation ofthe package. 3) The TI for any group ofpackages cannot exceed 50.0 and each group must be separated by at least 20 feet from any other as measured from the outer surface ofeach group. For purposes ofthis paragraph, the term "group ofpackages" means packages that are separated from each other in aircraft by a distance of20 feet or less. 1-7

# I I (Certificate Name and Number XXXXXXX (ifdesired) April 2006 Change 1) 

### Quantity antl Loading Table 

# I PASSENGER AIRCRAFT Packages Authorized for Transport Onboard a PassengerAircraft In an accessible cargo compartment If packages are accessible 

### I If packages are inaccessible Ifpackages are in a freight container No lim'it.

.......................... 25 kg per compartment plus an additional 75 kg of Division 2.2 material 

### I 

# r

packages are not in a freight container Ifpackages are in afreight container 25 kg per container plus an additional 75 25 kg per compartment plus an additional 75 kg of Division 2.2 kg of Divisionl2.2 material material 

# I CARGO ONLY AIRCRAFT PackagesAuthorized for Transport Onboard a Passenger Aircraft 

# I In an accessible cargo compartment If padkages are accessible 

### I If packages are inaccessible If packages are in a freight container No liTt.

.......................... 25 kg per compartment plus an additional 25 kg per container plus an additional 75 75 kg of Division 2.2 material kg of Division 2.2 material 

# I In an inaccessible cargo compartment 

# I If packages are not in a freight container If packages are in a freight container 25 kg per compartment plus an additional 75 kg of Division 2.2 25 kg per compartment plus an additional 75 kg of Division 2.2 Material MaterialPackages Only Authorized for Transport Aboard a Cargo Aircraft 

# I In an accessible cargo compartment
If package!s are If packages are inaccessible If packages are in a If packages are in a freight container and

accessible freight container are inaccessible and are accessible
No limit...

...·········· Forbidden

..................................... ..... No limit.

........... Forbidden

........................................... Except the following materials are not Except the following materials are not subject to this restriction: subject to this restriction: a. Class 3, PG Ill (unless the hazardous a. Class 3, PG Ill (unless the hazardous material meets the definition of material meets the definition of another another hazard class) hazard class) b. Class 6, (unless also labeled as a b. Class 6, (unless also labeled as a flammable liquid) flammable liquid) c. Class 7, (unless the hazardous c. Class 7, (unless the hazardous material meets the definition of material meets the definition ofanother another hazard class) hazard class) 

# I In an inaccessible cargo compartment

If packages are not in a freight container If packages are in a freight container Forbidden

..**~** ...... ··'

............................................................ Forbidden

... ............................................................. ..... Except the following materials are not subject to this restriction: Except the following materials are not subject to this restriction: a. Class 3, PG Ill (unless the hazardous material meets the a. Class 3, PG Ill (unless the hazardous material meets the definition**o~** another hazard class) definition of another hazard class) b. Class 6, (unless also labeled as a flammable liquid) b. Class 6, (unless also labeled as a flammable liquid) c. Class 7, (unless the hazardous material meets the definition c. Class 7, (unless the hazardous material meets the definition of another**~azard** class) of another hazard class) 

### Note: No libitations apply to Class 9 or ORM-D-AIR aboard an aircraft. (See 

### 49 CFR 

### 175.75) 1-8

### (Certificate Name and Number XXXXXXX (ifdesired) April 2006 Change 1) 

### Orientation and Securing ofHMPackages

- A package containing HM marked or labeled to indicate proper orientation will be loaded and secured in accordance with such markings or labels. Liquid HM without suchmarkings will be loaded and secured with closures up. HM packages will be secured to prevent any movement in flight that would result in damage to or change in orientation ofthe packages. (See 49 CFR 175.88) HM Location and Quantity Limitations Aboard Aircraft No HM package may be carried in the cabin ofa passenger-carrying aircraft or on the flight deck ofany aircraft. HM may be carried in a main deck cargo compartment ofa passenger aircraft provided that the compartment is inaccessible to passengers and that 

### itmeets all certification requirements for a Class B aircraft cargo compartment in 14 CFR 25.857(b) or for a Class C aircraft cargo compartment in 14 CFR 25.857(c). Cargo-Only Aircraft (CAO) Packages Each CAO package must be loaded in such a manner that a crew member or other authorized person can see, handle, and when size and weight permit, separate such packages from other cargo during flight. See 49 CFR 175.75(e) for exceptions to this requirement. D: Emergency Response Information A HM shipment shall not be accepted without emergency response information immediately available. Emergency response information means information that can be used in the mitigation ofan incident involving HM. This information may come in the form ofa North American Emergency Response Guidebook (ERG), Material Safety Data Sheet (MSDS), the ICAO "Emergency Response Guidance for Aircraft Incidents Involving Dangerous Goods" (ICAO Redbook), or equivalent information as provided by the shipper. Emergency response information must be immediately available where the HM is received, stored, or handled during transportation. Emergency response information must also be immediately available onboard the aircraft while HM is being transported. (See 49 CFR 172.600(c) for Exceptions) An emergency response telephone number shall be provided on the shipping document offered with HM packages. See 49 CFR 172.604(c) for additional information on when an emergency response telephone number is not required. The ERG can be ordered or downloaded at: http://hazmat.dot.gov/pubs/erg/gydebook.htm. 

### IV. PILOT-IN-COMMAND NOTIFICATION The Pilot-In-Command (PIC) must be given accurate and legibly written information as early as practicable before departure regarding the HM proper shipping name, hazard class, identification number, packinggroup, total packages, and net quantity or gross weight for each HM, location aboard the aircraft, confirmation that no damage or leaking packages have been loaded. For RAM, the number ofpackages, overpacks, or ULD's/freight containers, category, transport index (ifapplicable), and their location aboard the aircraft are required. (See 49 CFR 175.33) The date ofthe flight must be listed and the telephone number ofa person not aboard the aircraft from whom the information contained in the notification ofthe PIC can be obtained must be

1-9

### (Certificate Name and Number XXXXXXX (ifdesired) April 2006 Change 1) 

### included ontLnotification unless the number is in alocation inthe cockpitthat is available and known to thejflight crew. (See 49 CFR 175.33(a)(7-8)) A copy ofea<i:h notification ofpilot-in-command must be retained at the airport ofdeparture or the operator'Jprincipal place ofbusiness for 90 days. This information must be readily accessible at the airport ofdeparture and the intended airport ofarrival for the duration ofthe flight leg and make this information immediately available to any representative ofa Federal, State or local government agency who is responding to an incident involving the flight. (See 49 CFR 175.33(f)) Ifthe PIC loads the aircraft, that individual must perform the pre-board inspection required. If someone othbr thanthe PIC loads the aircraft and conducts the pre-board inspection, that person shall providejthe PIC with written notification. A copy ofthe PIC notification must be readily available to the PIC during flight. Emergency response information concerning HM on board I 

### must be available to the PIC. (See 49 CFR 172.602 (c)(1)) 

## v. SPECIAL FLIGHTS I 

### SPECIAL PERMITS (EXEMPTIONS) Specific reqJirements for the transport offlammable liquid fuel when other means of transportatioh are impracticable, on small passenger-carrying aircraft operating within the State ofAlaska or/into a remote area, in other than scheduled passenger operations, and on a cargo aircraft, is authorized only when the provisions of49 CFR 175.310 are met. Operations covered by 175.310

### ~equire additional conditions and limitations to be accepted by our FAA POI with· coordination! from the FAA Hazardous Materials Office (49 CFR 175.31O(e)). Flights madJ under the provisions ofa DOT Special Permit (Exemption) orapproval must comply witH the conditions specified in the Special Permit or approval. Any approvJd Special Permit or approval shall be retained as an Appendix to this manual. InformatioTregarding the exception for aerial dispensing or expending ofHM may be obtained from the F POI with coordination from the FAA Hazardous Materials Office. (See 49 CFR 175.9) 

### VI. HM**E~CEPTIONS** 

### FORPASSENGERAND CREW MEMBERS Certain

### mat~rials that are normally regulated as HM are excepted from the HMR. A summary of commonly Jtilized exceptions ofthis regulation are provided in this section. All available exceptions Jre listed in 175.10 to include matches/lighters, implanted medical devices and radiopharmlceuticals, alcoholic beverages, butane powered curling irons, small thermometers, small arms

### ~mmunition, dry ice, selfinflating lifejacket, compressed gas for medical limbs, and electricallypowered heat producing articles. A current copy ofTitle 49 CFRPart 175 or a printout ofthe applicable sections from the internet will be maintained for reference. 

### http://ecfr.gpoaccess.gov or http://hazmat.dot.gov

1-10

### (Certificate Name and Number XXXXXXX (ifdesired) April 2006 Change 1) A. HM Carried by Passenger or Crew Members Personal use items carried by passenger or crew members are allowed underthe following conditions: 1) Non-radioactive medicinal ortoiletry articles (including aerosols) may be carried in checked or carry-on baggage. 2) Any Division 2.2 aerosol with no subsidiary risk and aprotective cap (checked baggage only). 3) The aggregate quantity ofall HM items carried by each person allowed in 1-2 above may not exceed 70 oz. (2 kg) by mass or 68 fl. oz. (2 L) by volume. Each individual container cannot exceed 18 oz. (0.5 kg) by mass or 17 fl. oz. (500 ml) by volume. 4) One self-defense spray not exceeding 4 fl. oz. that incorporates apositive means to prevent accidental discharge (checked baggage only). B. Acceptance ofWheelchair I 

### Mobility Aids Battery-powered wheelchairs/mobility aids can be accepted as baggage. Wheelchairs/mobility aids will NOT be transported ifit exhibits evidence ofprevious leakage or damage. Wheelchair batteries are either "spillable" or "non-spillable".

1) Non-Spillable Batteries in a Wheelchair I 

### Mobility Aid Non-Spillable batteries may be accepted for transport with the battery attached when properly prepared for shipment. • The battery must be disconnected and terminal and end cables are insulated to prevent short circuits. • The battery must be securely attached to the wheelchair/mobility aid. • A visual inspection must not reveal any obvious defects. • Batteries manufactured after September 30, 1995, must be marked on the outside ofthe battery case, "NON-SPILLABLE" or "NON-SPILLABLE BATTERY." Ifthe wheelchair/mobility aid cannot be loaded/stowed in an upright position, it is advisable that the battery be removed and terminals are insulated to prevent short circuits. 2) Spillable Batteries in a Wheelchair I

### Mobility Aid Spillable batteries may be accepted for transport with the battery attached when properly prepared for shipment. • The battery must be disconnected and terminal and end cables are insulated to prevent short circuits. • The battery must be securely attached to the wheelchair/mobility aid. • A visual inspection must not reveal any obvious defects. •The wheelchair/mobility aid must be loaded, stowed, secured, and unloaded in an upright position (Ifthis cannot be accomplished the battery must be removed). • The Pilot-in-Command must be advised either orally orin writing priorto departure as to the location ofthe spillable battery aboard the aircraft.

1-11

### (Certificate Name and Number XXXXXXX (ifdesired) April 2006 Change 1)

3) 

### Batt

.ry 

### Removal · Ifa

### b~ttery is removed from the wheelchair/mobility aid, the removal 

### mustbe performed by qualified airline personnel only. The battery must be transported in strong, rigid packaging underthe following conditions: • The packaging must be leak-tight and·impervious to battery fluid. An innerliner I 

### may be used to satisfy this requirement ifthere is absorbent material placed inside

### ofth~ liner and the liner has a leakproofclosure; • Thcl battery mustbe protected against short circuits, secured upright in the

### pack~ging, and be packaged with enough compatible absorbent material to comJ,letely absorb liquid contents in the event or rupture ofthe battery; and • ThJpackaging must be labeled with a CORROSIVE label, marked to indicate prop6r orientation, and marked with the words "Battery, wet, with wheelchair;" 

# I C. Lithium Batteries**P~rsonal** 

### use consumer electronic and medical devices (watches, calculators, cameras, cellular phones, lap-top computers, camcorders, hearing aids, etc.) containing lithium cells orbatteries, and spare lithium batteries and cells for these devices, are allowed in ch1 

### ecked or carry-on baggage. Each installed or spare lithium battery must confirm to the I 

### following: • 'irhe lithium content ofthe anode ofeach cell, when fully charged, is not be more than 5d;and • fhe aggregate lithium content ofthe anodes ofeach battery, when fully charged, is not more than 25g.


### VII. REPAIR STATION NOTIFICATION Each repairJstation regulated under 49 CFR Parts 171-180 performing work for or on our behalf must be notified in writing ofourpolicies and operation specifications pertaining to its "Will Carry" HM !status in accordance with 49 CFR 121.1005(e) or 135.505(e). It

### is acceptable to notify all repair stations our HM policies and operation specifications. Each repair!station must acknowledge receipt ofthe above notification. A record ofthe acknowledgement receipt should be kept together with the notification. 

### (See Appendix E, Repair Stahon Notification)



### 1-12(Certificate Name and Number XXXXXXX (ifdesired) April 2006 Change I) VIII. NOTIFICATION OF HM INCIDENTS, DISCREPANCIES AND REQUIRED REPORTS A. Reporting ofIncidents (See 49 CFR 171.15) 1) A HM incident shall be reported, as soon as practical but no laterthan 12 hours afterthe occurrence the incident, by telephone to the National Response Center (NRC) at 800-424- 8802 (toll free) or 202-267-2675 or electronically at http://hazmat.dot.gov/spills.htm. Notice involving an infectious substance may be given to the Director, Centers for Disease Control and Prevention at 800-232-0124 (toll free) in place ofthe notice to theNRC. This includes incidents that occur during the course oftransportation (including loading, unloading, or temporary storage) in which: a) A person is killed; or b) A person receives injuries requiring hospitalization; or c) An evacuation ofthe general public occurs lasting one or more hours; or d) One or more major transportation arteries or facilities are closed or shut down for one hour or more; or e) The operational flight pattern or routine ofan aircraft is altered; or f) Fire, breakage, spillage, or suspected radioactive contamination occurs involving shipment ofRAM; or g) Fire, breakage, spillage, or suspected contamination occurs involving shipment of infectious substances (etiologic agents); or h) A situation exists ofsuch a nature (e.g., a continuing danger to life exists at the scene ofthe incident that, in thejudgment ofthe carrier, it should be reported to the NRC even though it does not meet the criteria ofparagraph l)(a) thru (g) ofthis section. 2) Radioactive Materials (RAM)

- In addition to the notification to the NRC, a notification must be made at the earliest practicable moment to the shipper ofthe RAM involved in the incident. 3) Filing an Incident Report (See 49 CFR 171.16) A report shall be submitted on DOT Form F 5800.1 (01-2004), within 30 days ofthe date ofdiscovery, for each incident that occurs during the course oftransportation (including loading, unloading, or storage, incidental thereto) in which any ofthe circumstances set forth in 49 CFR 171.15(b) occurs, there has been an unintentional release ofhazardous materials from a package or quantity ofhazardous waste has been discharged during transportation, orundeclared hazardous materials are found in cargo orbaggage. 

### Exception: Undeclaredhazardousmaterials discovered in baggage during the airport screeningprocess are notsubject tofiling aDOTF5800.1. Such items in baggage mustbe reportedas a discrepancyper49 CFR 175.31. (See Section VIII.B) A copy ofDOT Form F 5800.1 (01-2004) will be forwarded to: a) Information Systems Manager, PHH-63 Pipeline and Hazardous Materials Safety Administration Department ofTransportation Washington, DC 20590-0001, and b) The nearest FAA Security Office in the region ofdiscovery. Instructions for completing DOT FormF 5800.1 (01-2004) are included in Appendix D.

1-13(Certificate Name and Number 

### XXXXXXX (ifdesired) April 2006 Change 1)



### B. Reporting ofDiscrepancies (See 49 CFR 175.31) 1) In/the event ofa discrepancy relative to the shipment ofhazardous material following its acceptance for transportation aboard an aircraft, notification to the nearest FAA Security Offi1e, by telephone orelectronically, shall be made as soon as practicable, and shall provide the following information: a. Ncirne and Telephone number ofthe person reporting the discrepancy. b. Nke ofthe aircraft operator. c. Spfcific location ofthe shipment concerned. d. Name ofthe shipper. e. Ndture ofdiscrepancy. f. Address ofthe shipper orperson responsible for the discrepancy, ifknown 2) Pdckages orbaggage which are found to contain hazardous materials subsequent to their beini offered and accepted as otherthan hazardous materials (undeclared) must be repotted. · 3) Discrepancies involving hazardous materials which are improperly described, certified,

### label~d, marked, orpackaged, in a manner not ascertainable when accepted under 175.JW(a), must be reported.

1-14

### (Certificate Name and Number :XXXXX:XX (ifdesired) April 2006 Change 1) EMERGENCY RESPONSE CONTACT LISTS National Incident Response Contacts

NOTES: • TheNorth American Emergency Response Guidebook is a valuable. resource to have for handling ' HM incidents. http://hazmat.dot.gov/pubs/erg/gydebook.htm · • The Emergency ResponseTelephone number provided on the Dangerous Goods Declaration (shipping papers) should be utilized as a resource in a HM incident.



### 1-15• I 

### (Certificate Name and Number XXXXXXX (ifdesired) 

# I

. April 2006 Change I)


### PART TWO HAZARDOUS MATERIALS TRAINING PROGRAM I. REQUIJMENTS No crewmember orperson shall perform or directly supervise any hazardous material (HM)job function to inblude acceptance, rejection, handling, storage incidental to transport, packaging of company

### ma~erial (COMAT), or loading ofcargo and baggage, unless thatperson has satisfactorily completed oJr FAA-approved initial orrecurrent hazardous materials program within the past 24 months. A record ofthe satisfactory completion ofthe initial and recurrent hazmat training for each individual wilthin the preceding 3 years shall be maintained. These records will be available at the location whete the personnel perform such duties, and will be maintained for as long as the employee is performing HM duties, and for 90 days thereafter. Training records for all direct employees, ipdependent contractors, subcontractors, and any other person who performs ordirectly supervises a HM function must be available upon request. Records may be maintained

### electronicall~ and provided on location electronically. The content bfthe HM Training Records must include: 1. Th1 

### e individuals name, 2. THe most recent training completion date, 3. A tlescription, copy orreference to training materials used to meet the training requirement, 4. THe name and address ofthe organizationproviding the training, and 5. A

### fOPY ofthe certification issued when the individual was trained, which shows that a test has tleen completed satisfactorily. Ifa person ii utilized under an exception (new hire or newjob function) in 14 CFR 121.1OOS(b) or 135.505(b),Ia record must be maintained in accordance with 14 CFR 121.1007(d) or 14 CFR 135.507(d). Exceptions for persons who work for more than one certificate holder are specified in 14 CFR 121.1005(c) or 135.505(c). An exception for operating at foreign locations is specified in 14 CFR 121.1005(f),or 135.505(£). II. TRAIN NG CURRICULUM & 

### REFERENCE TABLE 

### j All materials and regulations used in our training curriculum must be current and valid at the time ofthe training. Part 121 and 135hazardous material training requirements can be found I 

### online at: http://ecfr.gpoaccess.gov 

### Ourtraining program will satisfy the requirements in the Training Reference Table and 49 CFR Parts 171 tHrough 180. Thetraining required is based on the functions being performed. Each trained

### per~on will be able to recognize items that contain or may contain regulated hazardous materials.

# t method to answer all questions priorto-testing regardless ofthe method ofinstruction will be provided. We will certify that each trainee has been satisfactorily tested and verify understandlng ofthe HM regulations and ourpolicies. 2-1

### (Certificate Name and Number XXXXXXX (if

### desired) April 2006 

### Change 1)

Aspects oftransport of hazardous materials by airwith which they must be familiar, as a minimum (See Note 1)

X

X X X

X

X
X X

X X X X X

X X X X



### NOTE: The extent oftrainingvaries for each person depending on thejob function they perform. The material shall be covered in such scope and depth as to provide all persons with sufficient knowledge ofapplicable HM regulations and procedures to safely accomplish their specific duties. 2-2

### (Certificate !Name and Number XXXXXXX (ifdesired) April2006 Change 1)


### III. ASPECtOF HAZARDOUS MATERIALS AIRTRANSPORTATION At a minimurh, our hazardous materials training programs will include the following information for each aspe/bt ofhazardous materials air transportation. 

### General Philosophy

•

# H~Training Program-

### J4 CFR SubpartZ 

### • ApP,licable Regulatory Materials • Ovdrview of49 CFRParts 100-185 • Use ofiCAO Technical**Instructions~** 

### 49 CFR 171.11 • Use ofiATA Dangerous Goods Regulations • Definitions Used in Air Transportation ofHazardous**Materials~** 

### 49 CFR 171.8 • Gerleral Transportation

### Requirements~ 49 CFR 171.2 • Trahsport by

### Aircraft~ 49 CFRPart 175 I 

### • TraJning Requirements and Recordkeeping**~** 

### 49 CFR 172.700 • Enforcement • HJ;rdous Materials Security

. 

### Limitations/

• HJardous Materials Forbidden on Aircraft Under any Circumstances • Haiardous Materials Forbidden Unless Exempted • Hidden Hazardous Materials • Ha±ardous Materials Carried by Passenger or Crew 

### General Retuirements For Shippers

• Shjbpers Specific Responsibilities and Compliance to Regulations • Ideptify and Recognize HM COMAT

- Hazardous Materials Onboard Aircraft**~** 

### Appendix C I



### - Replacement Components

- donsumable Materials • SpJ:cific HM COMA T

### Exceptions~ 49 CFR 175.8 • FaJility Storage, Safe Movement and Handling Requirements for HM COMA T 

### Classificatibn

• Hjzardous Materials

# Classification~ 49 CFR 172.101, 173.2, and 173.2(a) • Urlacceptable Hazardous

### Materials~ 49 CFR 172.101, 173.21, and 175.3

2-3

### (Certificate Name and Number XXXXXXX (ifdesired) April 2006 Change 1) List ofHazardous Materials

• Purpose and Use ofthe Hazardous Materials**Tables~** 

### 49 CFR 172.101 • Proper Shipping**Names~** 

### 49 CFR 172.101 and 172.202 • Hazard Class (Definitions)**~** 

### 49 CFR 172.10I and 173.50

- 173.144 • UN/ID Numbers**~** 

### 49 CFR 172.101 and 172.202 • Packing Group**~** 

### 49 CFR 172.101 and 172.202 General Packing Requirements

• Shippers Responsibilities**~** 

### 49 CFR 171.2(e) and 171.12 • General Packing**Requirements~** 

### 49 CFR 173.24, 173.24(a), and 173.27 • Packing Instructions and Assignments**~** 

### 49 CFR 172.101 and Part 173 • Small Quantity**Exceptions~** 

### 49 CFR 173.4 • Limited Quantity**Exceptions~** 

### 49 CFR 173.150- 173.156 Labeling and Marking

• Markings Required on Packages Containing Hazardous Materials**~** 

### 49 CFR Subpart D • Labels Required on Packages Containing Hazardous Materials**~** 

### 49 CFR Subpart E Hazardous Materials Transport Document and Other Relevant Documentation

• Shipper's Certification Requirements for Hazardous**Materials~** 

### 49 CFR 172.204 • Shipping Paper**Requirements~** 

### 49 CFR 172.200 and 172.201 · • Description ofHazardous Materials Required on Shipping**Papers~** 

### 49 CFR 172.202 and 172.203 • Shipping Papers for Hazardous Materials aboard**Aircraft~** 

### 49 CFR 175.33 Acceptance Procedures • Acceptance and Rejection Procedures and Requirements for HM**~** 

### 49 CFR 171.2(e), 175.3, and 175.30 • Passenger and Cargo Information Signage**Requirements~** 

### 49 CFR 175.25 and 175.26 • Unit Load Device and Package**Inspection~** 

### 49 CFR 175.88



# . Recognition ofUndeclared Hazardous Materials

• Hidden Shipment Indicators**~** 

### Appendix A • Suspicious Cargo and Baggage Awareness • Hazardous Materials Discrepancy/Incident**Reporting~** 

### 49 CFR 171.15, 171.16, 175.31, and Appendix D ·

2.4

### Certificatejameand Number XXXXXXX Storage and oadingProcedures

• Unit Load Device and Package**Inspection~** 

### 49 CFR 175.88 • Qua_ptity Limitations aboard Aircraft- 49 CFR 175.75 • Stowage**Compatibility~** 

### 49 CFR 175.78 • Oriebtation of

### Packages~ 49 CFR 175.88 • SecJring

### Packages~ 49 CFR 175.88 • Lodtion of

### Packages~ 49 CFR 175.75 • Daclaged Shipments ofHazardous

### Materials~ 49 CFR 175.90 

### Pilots' NotiJcation

• Not}fication to

# Pilot-In-Command~ 49 CFR 175.33 • Emdrgency Response

### Information~ 49 CFR Subpart G 

### Provisions

# rL Passenger and Crew

•

# Ha~lrdous Material

# Exceptions~ 49 CFR 175.10 

### Emergency

# ~rocedures A ril 2006 Chan e 1

• Use ofNorth American Emergency Response Guidebook (Cargo Facility I 

### Ground Handling) • Us ofICAO Red Book or similarreference (Onboard Aircraft)

2-5(Certificate Name and Number XXXXXXX (ifdesired) April 2006 Change 1) 

### APPENDIX A 

### HIDDEN SHIPMENT INDICATORS Cargo and baggage that are offered under a general description mighthave hazards that are not apparent. The Hazardous Materials Table in 49 CFR Part 172 is not complete, and shippers and passengers may not be aware ofthis. Some ofthese consignments have caused incidents that could have seriously endangered the safety ofthe aircraft and/or its passengers. Please be alert to these possible hazards. Items found containing a hazardous material need to be shipped in accordance with the 49 CFR/ICAO Technical Instructions.

Aircraft Parts/COMAT

Automobile Parts (car, motor, motorcycle)

Dental Apparatus Electrical Equipment Electrically Powered

Household Goods
Instruments May indicate the presence ofchemical oxygen generators, flammable liquids/solids, corrosives, compressed gases, radioactive materials in aircraft and accessories or · materials. May contain cellulose paints, wet batteries, shocks/struts withnitrogen, air bag inflators/air bag**lHL,UUlv~.** etc.

May contain hazardous chemicals such as resins or solvents May contain magnetized materials or mercury in switch and electron tubes May contain wet batteries apparatus (wheelchairs, lawn mowers, etc. May contain hazardous materials such as paint, aero · etc. May conceal barometers, manometers, mercury switches, rectifier tubes, thermometers containing

A-1

### Vaccines

1: Articles which do not fall within the hazardous materials definitions of49 CFR and in the event ofleakage, may cause serious cleanup problems or corrosion to aluminum on tenh basis, mustbe checked by the shipper to at least ensure that the packaging is to prevent leakage during transportation. These may include brine, powered or liquid I 

### pickled foodstuffs, etc.

2: Magnetized material, as defined in 49 CFR, with a gauss reading ofmore than 0.00525

vn.-uvu 

### for air transportation and apackage with areading of0.00525 or less is not f'.."+J"-"''"· 

### The ICAO and IATA Regulations regulate magnetized material with a reading
h"' 1·":"'"''"' 

### 0.002 gauss and 0.00525 gauss, thus requiring a magnetized material label.

A-2

### (Certificate Name and Number XXXXXXX (ifdesired) April 2006 Change 1) APPENDIXB 

## DOT CHART Hazardous Materials Marking, Labeling & Placarding Guide SEE ATTACHED

This DOT CHART is produced by the Pipeline and Hazardous Materials Safety Administration (PHMSA). It can be purchased individually or obtained for Free in their Outreach Training Folder labeled, "HAZARDOUS MATERIALS SAFETY PACKA." The DOT CHARTs and HAZMAT Pack A's can be ordered on-line at: https:/ /hazmatonline.phmsa.dot.gov/services/pub_default.aspx

B-1I i 

### (Certificate

# ~arne and Number XXXXXXX (ifdesired) April 2006 Change 1) 

# I APPENDIXC

I I 

### Hazardous Materials Onboard Aircraft 1.

## Ba~teries, Aircraft 2.

# En~ine Oil (as hazardous waste)
3.EsJ.pe Slides/LifeRafts 4.

# Fir~ Bottles (APU, engines, lower cargo standard: each attendant station and Ikvatory) compartment, and lavatory

### wast~ containers) 5.

# Fi~e Extinguishers (attendant stations,**close~s,** galleys, etc.) 11. Oxygen Bottles, Crew System, Gaseous 12. Oxygen Bottles,Passenger System, Gaseous (Standard) 13. Oxygen Generators (optional: each PSU 14. Rain Repellant 15. Refrigerant (located in each galley)
16. Smoke Hoods
6. Fubt 17. Tritium Radioactive Signs (aisle and -/ emergency exit doors) 7.

### H~draulic Fluid,Reservoirs (as hazardous waste) 18. 8.

# uJrnium (depleted, counte<-ba\ance weights) 19. 9. 01dnanceDevices (off-wing escape) 20. 10. Oxygen Bottles,Portable, Gaseous



# m

C-1

### (Certificate Name and Number X:XXXXXX (ifdesired) April 2006 

### Change 1) 

### APPENDIXD ·


## Hazardous Materials Incident Report: DOT Form F 5800.1 (01-2004) Includes Guide for Preparing Hazardous Materials Incidents Reports 

## SEE ATTACHED DOTForm F 5800.1 can now be reported on-line to the DOT. The form can then be printed out and faxed, mailed, or emailed to your local FAA HM Field Office meeting the requirements ofair incidents in 49 CFR 171.1.6. For assistance in completingthe Incident ReportForm 5800.1 or any questions regarding the incidentreporting requirements, please call the Hazardous Materials Information Center at 800-467-4922. You may also send your question in by email (hmis@dot.gov). http:/ /hazmat.dot.gov/enforce/spills/spills.htm

D-1

### (Certificate Name and Number XXXXXXX (ifdesired) April 2006 Change 1) APPENDIXE 

### Notification ofHazardous Material Policies and Operation Specifications



### Date: To: 

### From: (nje ofcertificate holder) is hereby notifying you ofourpolicies and operation specilfications concerning the transport ofhazardous materials. This notification is conducted in accoLance with the requirements of 14 CFR, Parts 121.1005(e) or 135.505(e). In accordance with 14 C R 145.206(a), you are required to acknowledge receipt ofthis notification back to us. --+---.,.------hasan FAA approved Will-Carry HM Program as follows: (naje ofcertificate holder) will accept and transport all properly declared and packaged

### haza~dous materials. (ndeofcertificate holder) 

### will acceptand transport properly declared and packaged hazardous materials COMAT only.

# (n~Je ofcertificate holder) will accept and transport all properly declared and packaged hazJrdous materials with the following exceptions: none

E-1

### (Certificate Name and Number XXXXXXX (ifdesired) April 2006 Change 1) 

### APPENDIXF on-Radioactive


## ACCEPTANCE CHECKLIST Non-Radioactive
APPENDIX F APPLIES IFTHE OPERATORELECTSTO ACCEPT AND TRANSPORT HAZARDOUS MATERIALS USING "TECHNICAL INSTRUCTIONS" IN ADDITION TO49 CFR HAZARDOUS MATERIALS REGULATIONS

F-1(Certificate N"ame and Number XXXXXXX (ifdesired) April 2006 Change 1)



## 2007 bANGEROUS GOODS CHECKLIST FOR A NON-RADIOACTIVE SHIPMENT The recJmmended checklist appearing on the following pages is intended to verify shipments at origin. Never a6cept or refuse a shipment before all items have been checked. Is the fdllowing information correctfor each entry? I SHIPPE'RS DECLARATION FOR DANGEROUS GOODS (DGD)

1. rlo copies in English and in the IAT A format [8.1.1, 8.1.2]

....................................... 2. 

## FJn name and address of Shipper [8.1.6.1]...

........... ... ................. .. ................. 3. 

## FJn name and address ofConsignee [8.1.6.2]

........ .. 4. If

# I he Air Waybill number is not shown, enter it. [8.1.6.3]....

.. ............................................ 5.**T~e** number of pages shown [8.1.6.4]

.. .. .... ... .. .. .. ...... .. . .... .. .. .. .. .... ..... ................. 6. Iffull name ofAirport or City of Departure or Destination IS not shown, enter it [8 1 6.6 and 8 1.6 7]

.... 7.**T~e** non-applicable Aircraft Type deleted [8 1 6.5]

. . ... .. . . . . . .. . 8.**T~e** word "Radioactive" deleted [8 1.6 8].

... ... ...... .. . . ... .. . Identification 9. UN or ID Number, preceded by prefix [8.1.6.9.1, Step 1]

............................................................................ 10. Ptoper Shipping Name and the technical name in brackets for asterisked entries [8.1.6.9.1, Step 2]

...... . 11. class or Division, and for Class 1, the Compatibility Group, [8.1.6.9.1, Step 3]

......................................... 12. sLbsidiary Risk, in parentheses, immediately following Class or Division [8.1.6.9.1, Step 4]

.................... 13. Prcking Group [8.1.6.9.1, step SJ

............. ..................... .................. ........................... YES 0 0 0 0 0 0 0 0 0 0 0 0 0 No· 0 0 0 0 0 0 0 0 0 0 0**Quanti~** and Type of Packing 14. Number and Type of Packages [8.1.6.9.2, Step 6].....

. . ................ .. . ... ................... ... 0 0 15. duanlity and unit of measure (net or gross, as applicable) per package [8.1.6.9.2, Step 6]

. ... .... .... .... ...... . 0 0 16. +en different dangerous goods are packed in one outer packag1ng, the following rules are complied w1th -j Compatible according to Table 9 3.A. (note excepl!On for chemical kits/first aid kits See Packing

# ~ Instructions 915 and Y915)

..: . .... ... .. ..... ... . ... ... .. .. ..... .... .. .. ..... ..

- UN packages conta1mng DIVISion 6.2 [5 0 2 11 (c)]

. ... . . . ... . .. . . ... ...

- "All packed in one (type of packaging)" [8.1.6.9 2, Step 6(1)]..

... . .. ..... . .. .. . ....

- Calculation of "Q" value must not exceed 1 [5 0.2 11: 5.0 3.2, 8 1 6 9.2, Step 6(g)] 17. verpack -/ Indication "Overpack Used" [8.1.6.9.2, Step 7]

...... -, Compatible accordmg to Table 9.3.A. [5.0.1.5.1 and 5.0.1.5.3]

... 0 0 0 0 0 0 0 0 0 0 0 0 Packing Instructions 18. 1acking Instruction Number [8.1.6.9.3, Step 8].................

......................... ................. ....................................... 0 0 Authofizations 19.**l~dication** of "Limited Quantity" or "Ltd. Qty." if·y• packing instruction used [8.1.6.9.4, Step 9]

............. 20. ljhe Special Provision Number ifA1, A2, A51, A81 or A109 [8.1.6.9.4, Step 9]...........

...................... 21. lrdication that governmental authorization is attached, including a copy in English [B. 1.6.9.4, Step 9]

.. 22. 1dditional approvals for other items under [8.1.6.9.4, Step 9]

............................................................ Additional Handling Information 23. The mandatory statement shown for self-reactive and related substances of Division 4.1 and organic deroxides of Division 5.2, or samples thereof [8.1.6.11.1 and 8.1.6.11.2]

.........:........................................ 0 0 0 0 0 24.**~ame** and Telephone Number of a responsible person for Division 6.2 Infectious Substance shipment**[~.1.6.11A]**................................................................................................................................... 0 25. The air transport statement included [8.1.6.12]...........................................................

....................... 0

# ~~.**t~:o:~:~: :i~~i;:::~;~~;~~l~-~.~-c~.~.n~-~.at·e-·i~~~~t~d**  ..

# [~·1···6···~-~··a·n·d·B··1 .. 6

...

# ~.4-].::::::::::::.:::::::::::::::::::: 

# g
28. Amendment or alteration signed by Shipper [8.1.2.6]

...................................................:...................................... 0 0 0 0 0
0 0 0 0 0 0 N/A

0 0

0 0 0 0 0 0

0 0 0 0
0 0

0

F-2

### (Certificate Name and Number XXXXXXX (ifdesired) April 2006 Change I)

YES NO* N/A AIR WAYBILL 29. The Handling Information box shows: "Dangerous goods as per attached Shipper's Declaration" or "Dangerous Goods as per attached DGD" (8.2.1 (a)]

....................................................................... 0 0 30. "Cargo Aircraft Only" or "CAO", if applicable [8.2.1(b))

........................................................... 0 0 0 31. Where non-dangerous goods are included, the number of pieces ofdangerous goods shown [8.2.2]

......... 0 0 0 PACKAGE(S) AND OVERPACKS 32. Packaging conforms with packing instruction and is free from damage or leakage (9.1.1 .3]

................................ 

### 0 0 33. Same number and type of packagings and overpacks delivered as shown on DGD [9.1.1.3]

.............................. 0 0 Markings 34. UN Specification Packaging, marked according to 6.0.4 and 6.0.5: Symbol and Specification Code

.................................................... 0 0 0 X, Y or Z, agreed with Packing Group/Packing Instruction

........................................................................ 0 0 0 Gross Weight within limits (Solids or Inner Packagings)

...... . 0 0 0 Infectious substance package marking [6.0.6]

............................................................................................ 0 0 0 35. The Proper Shipping Name(s) including technical name where required, and the UN or ID Number(s) [7.1.5.1 (a)]

........... 0 0 36. The full name(s) and Address(es) ofShipper and Consignee [7.1.5.1 (b))

........................................................ .. 0 0 37. The Net Quantity of Explosives and Gross Weight of the package for Class 1 items [7.1.5.1 (c)]

......................... 0 0 0 38 Classes 2 to 6, 8 & Carbon Dioxide, Solid (Dry Ice), lhe net quantity or gross weight as applicable marked on the packages [7.1.5.1 (d) and (e)]

..... ... .......... ................. 0 0 0 39. The Name and Telephone Numberofa responsible person for Division 62 Infectious Substances shipment[7.1.5.1(f))

... 0 0 0 40. The Special Marking requirements shown for Packing Instruction 202 [7.1.5.1(g)]

.................... 0 0 0 41. Limited Quantity packagings marked: "LIMITED QUANTITY" or "LTD. QTY." [7.1.5.3]

...................................... 0 0 0 42. Salvage Packagings marked: "Salvage" [7.1.5.4]

......................................................................................... 0 0 0 Labelling 43. The label(s) identifying the Primary risk, affixed to each package, as per 4.2, Column E [7.2.3.2; 7.2.3.3(b)]

... 0 0 44. The label(s) identifying the Subsidiary risk next to Primary risk label(s), as per 4.2, Column E (7.2.3.2; 7.2.6.2.3]

............................................................................................................................................................. 0 0 0 45. Cargo Aircraft Only label, on the same surface near the Hazard label(s) [7.2.4.2; 7.2.6.3]

.......... 0 0 0 46. "Orientation" labels affixed [7.2.4.4)..........

........................................................................... . 0 0 0 47. "Magnetized Material" label affixed [4.2, Column E, 7.2.3.10 and 7.2.4.1]...

........................ ................ 0 CJ 0 48. "Cryogenic Liquid" labels affixed [7.2.4.3]

.............................. ........ ............. ........................ ................. 0 0 0 49. "Keep Away From Heat" label affixed [7.2.4.5]

................ ................. ................ 0 0 0 50. All above labels correctly affixed (7.2.6] and all irrelevant marks and labels removed (7.1.1; 7.2.1]........ 0 0 For Overpacks 51. Packaging Use markings as required must be clearly visible or reproduced on.the outside ofthe overpack (7.1.4.1]

. .. ....... . ...... ........... ... . .. ......................... .... ... ............. . 52. If all markings and labels are not visible, the word "Overpack" marked [7.1.4.2]

.................. 53. "Cargo Aircraft Only" restrictions (5.0.1.5.3]..

. ............... ........................ .. ............. 0 0 0 0 0 0 0 0 0 GENERAL 54. State and Operator variations complied with [2.9]........

......................................................... ............................. 0 55. Cargo Aircraft Only shipments, a cargo aircraft operates on all sectors. 0 0 0 Comments:

______________________________________________________________________________ ___

Checked by:

_________________________________________________________________________ __ Place:
--------------------------------- Signature:--------------------------------------- Date:---------------------------------- Time:
--------------------------------------------
*IF ANY BOX IS CHECKED "NO", DO NOT ACCEPT THE SHIPMENT AND GIVE A DUPLICATE COPY OF THIS COMPLETED FORM TO THE SHIPPER. 0 0

F-3i 

### (Certificate

## ~arne and Number XXXXXXX (ifdesired) April 2006 Change 1) I I 

# l I

# I ACCEPTANCE CHECKLIST 

# Radioactive APPENDIX F APPLIES IFTHE OPERATORELECTS TO ACCEPTAND TRANSPORT HAZARDOUS MATERIALS USING

THE !INTERNATIONAL CIVILAVIATION ORGANIZATION'S "TECHNICAL INSTRUCTIONS" IN ADDITION TO49 CFR 

# I HAZARDOUS MATERIALS REGULATIONS

F-4

### (Certificate Name and Number XXXXXXX (ifdesired) April 2006 Change 1)



### 2007 DANGEROUS GOODS CHECKLIST FOR A RADIOACTIVE SHIPMENT The recommended checklist appearing on the following pages is intended to verify shipments at origin. Never accept or refuse a shipment before all items have been checked. Is the following information correctfor each entry? SHIPPERS DECLARATION FOR DANGEROUS GOODS (DGD)

1. 2. Two copies in English and in the lATA format [10.8.1.2; 10.8.1.4]

................................................................ Full name and address of Shipper [10.8.3.1]

...................................................................... 3. Full name and address of Consignee [10.8.3.2]

............................................................................ 4. Ifthe Air Waybill number is not shown, enter it. [10.8.3.3]

.............................................................. 5. The number of pages shown [10.8.3.4]

............................................................................................ 6 The non-applicable Aircraft Type deleted [10.8.3.5) 7. lffull name ofAirport or City of Departure or Destination is not shown, enter it. [10.8.3.6 and 10.8.3.7] 8. The word "Non-Radioactive" deleted [10.8.3.8)

.......................................................................................... Identification 9. UN Number, preceded by prefix "UN" [10.8.3.9.1, Step 1]

.............................................. 10. Proper Shipping Name [1 0.8.3.9.1, Step 2]

.................................................................... 11. Class 7 [10.8.3.9.1, Step 3]

....... . 12. Subsidiary Risk, in parentheses, immediately following Class [10.8.3.9.1, Step 4}

........................... 13. Packing Group if required for Subsidiary Risk [1 0.8.3.9.1, Step 5]

.............................................................. Quantity and Type of Packing 14. Name or Symbol of Radionuclide(s) [10.8.3.9.2, Step 6 (a)]

........................................................................ 15. A desaiption ofthe physical and chemical form, Spedal Form, or lowdispersible material [1 0.8.3.9.2, Step 6 (b)]

... 16. The number and type of packages and the activity in becquerel or multiples thereof in each package. For Fissile Material the total weight in grams or kilograms offissile material may be shown in place of activity (10.8.3.9.2, Step 7]

..................................................................................................................................... 17. For different individual radionuclides, the activity ofeach radionuclide and the words "All packed in one" [10.8.3.9.2, Step 7].

.. .............................................................................................. 18. Activity within limits for Type A packages [Table 10.4.A], Type 8, or Type C (see attached competent authority certificate)

.......................................................................................... 19. Words "Overpack Used" shown on the DGD [10.8.3.9.2, Step 8)

................. Packing Instructions 20. Category of package(s) or overpack [10.8.3.9.3, Step 9]

.................................................... 21. Transport Index and dimensions for Category II and Category Ill only (1 0.8.3.9.3, Step 9)

.. 22. For Fissile Material the Criticality Safety Index [1 0.8.3.9.3, Step 9)

..................................... 23. "Fissile Excepted" [10.8.3.9.3, Step 9]

........................................................................................ .................. Authorizations 24. Identification marks shown and a copy of the document in English attached to DGD for the following [10.8.3.9.4, Step 10; 10.10.3.1]: Special Form approval certificate................

................................................................ Low dispersible material approval certificate

... .. ... .. .. .. .... ...... .. ................................ Type 8 package design approval certificate

......................................................................... Type B (M) package shipment approval certificate

........................................................ Type C package design and shipment approval

.......................................................................... Fissile material package design and shipment approval certificate

....................................... Special Arrangement shipment approval certificate

.................................................................... 25. Additional Handling Information (10.8.3.11)

.............................................................................................. 26. The air transport statement included (10.8.3.12)

............................................................................... 27. Name and Title of Signatory, Place and Date indicated [10.8.3.13 and 10.8.3.14). YES NO* N/A 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

F-5\ I (Certificate Name and Number XXXXXXX (ifdesired) April 2006 Change 1)

28. kignature of Shipper [10.8.3.15]

................................................................................................................... 29. rmendment or alteration signed by Shipper [10.8. 1.?]

.............................................................................. YES NO• 0 0 0 0 AIR WAYBILL 30. rhe Handling Information box shows: "Dangerous goods as per attached Shipper's Declaration· or 1 Dangerous Goods as per attached DGD" [10.8.8.1(a)]

............................................................................. 31. Cargo Aircraft Only or CAO, ifapplicable [10.8.8.1(b)]

............................................................................... 32. Fere non-dangerous goods are included, the number of pieces ofdangerous goods shown [10.8.8.2]

..**PAC~GE(S)** AND OVERPACKS 33. Number and type of packagings and overpacks delivered as shown on DGD

............................................... 34.**~nbroken** transportation seal [10.6.2.1.1.2; 10.6.2.2.1] and package in proper condition for carriage (9. 1.1.3; 9.1.1.4]

........................................................................................................................................................

### Marki~gs 35. Industrial packages, marked as per 10.7.1.3.3

................ .. ................................................ 36.**~ype** A packages, marked as per 10.7.1 .3.4

................... ................... .............................................. 37.**~ype** 8 packages, marked as per 10.7.1.3.5..

... . .. . . .................................................................... 38. jType C packages, marked as per 10 7.1 3 6.

.... .... ......................................................,..................... 39 fackages containing Fissile material, marked as per 10.7.1 .3.7

................................................................... 40. jThe Proper Shipping Name and UN Number [10.7.1._3.1]

............................................................................. 41.**~he** full Name and Address of the Sh1pper and Cons1gnee [10.7.1.3.1]

........................................................ 42. phe permissible gross weight if it exceeds 50 kg (10.7.1.3.1]

........................................................................ Labeling 43**~wo** correctly completed Radioactive Hazard labels on opposite sides [10.7.3.3; 10.7.4.3.1]

....................... 44.

### ~~~~~~~~-~~~~l(~).ld.~n.ti~i~~-t~~-~-u~~~~i.a:..~i.s·k·~~~~-~~-~~~-~a.di~~~i~-~--~~~~r~.l~-~~l.s·[·1~.7:~:~~--~~:~:~:~l

::.

# ~~~~fi:~;~~~;!i!:~!:-:z~s~i;:r:~:~~~~:nc~~:~:::es:~::~-:z:~-~:~>·~Z:i~~~:~::-~:::·:.:rt:-~-~~-ihe 47.

### ~~~::::~~~!:~:**~~~;; :~:** **~;;~:~~~; ;;;~;~~** **-~~d·l~b~i~ ;~;;;~~~~-i~-~-·;_·~--~·;·** **-~·0_·;··~·.·;·:**·;0·.·;·_4j··::::::::: For oJerpacks 48. !Packaging markings as required must be clearly visible or reproduced on the outside ofthe overpack 

### /r1o.7.1.4.1]

.................................................................................................................................................. 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 

### o. 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
0 0

## ~~.**~~=~d7t~~~n~; n~-~:e~~~~i:~~~~bl~:.th~-~~r~-~~-v·e·r~ac.k"** ..

## ~.a.rke~-~-~~--~--~--~2~.:::: 0 0 0 0 GENERAL 51. State and Operator variations complied with (2.9]

...... .. .......................................... 0 0 52. Cargo Aircraft Only shipments, a cargo aircraft operates on all sectors.......

.. ....................................... 0 0 53. Packages containing Carbon dioxide solid (dry ice), the marking, labelling and documentary requirements complied with [Packing Instruction 904; 7.1 5.1 (e); 7.2.3.10]

............................................................. 0 0

Commelts:------------------------------------- Checke by:

______________________________________________________________________ ___ Place: -+------------------Signature:

______________________ _ Date:_t----------------------- Time:
-------------------------

•1F AN)BOX IS CHECKED "NO", DO NOT ACCEPT THE SHIPMENT AND GIVE A DUPLICATE COPY OF THIS COMPLETED FORM Q.O THE SHIPPER. NIA 0

0 0

0 0 0 0 0
0

0 0 0

0 0 0 0 0 0

F-610/01/07

I. Background. Appendix 

### C. Sanction Guidance Hazardous Materials Enforcement 2150.38

a. Legislation. Congress determined that the unregulated transportation ofhazardous materials constitutes a threat to public safety in all forms oftransportation. Congress addressed that threat in I974 by enacting the Hazardous Materials Transportation Act (HMTA). By 1990, Congress determined that effective enforcement ofthe HMTA required more severe action, and enacted the Hazardous Materials Transportation Uniform Safety Act of I990, Public Law No. 101-615, 1990 U.S. Code Congress. & Admin. News 104 Stat. 4605. The primary effect ofthis 1990 revision ofthe HMTA was to raise the maximum civil penalty for violation ofany regulation enacted under the HMTA to $25,000, and, for the first time, to require a $250 minimum penalty for any such violation. The HMTA was recodified in 1994 and is now referred to as the "Federal hazardous material transportation law,'' 1994 U.S. Code Congress. & Admin. News I08 Stat. 759, codified at 49 U.S.C. §§ 5101-5127. In the 1994 recodification, Congress specifically stated that the recodification created no substantive change to the earlier form ofthe statute. In 2005, the Congress enacted and the President signed the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA- LU), Public Law I09-59, August I0, 2005. That legislation, among other things, modified the limitations on civil penalties that may be assessed for violations ofthe hazardous materials statute and regulations. b. Civil Penalties. The Federal Civil Penalties Inflation Adjustment Act of 1990, 28 U.S.C. § 2461 (note), as amended by the Debt Collection Improvement Act of I996, Public Law I04- I34, April 26, I996, provides a mechanism for adjustments for monetary civil penalties for inflation in order to maintain the deterrent effect ofmonetary civil penalties and promote compliance with the law. Under the statute, the adjusted civil penalty maximums cannot be applied unless they are implemented by regulation. The adjusted civil penalties are listed in part 13 ofTitle 14 ofthe CFR, subpart H. Pursuant to SAFETEA- LU, the maximum civil penalty that may be assessed for a violation ofthe Federal hazardous material law or a hazardous material regulation is now $50,000; the minimum civil penalty is now $250. There are two exceptions to those limits. A maximum civil penalty of$I00,000 may be assessed ifthe violation results in death, serious illness, orsevere injury to any person, or substantial destruction ofproperty. The minimum civil penalty that may be assessed for a training violation is $450.

c. EnforcementResponsibility. Within the Department ofTransportation, the Pipeline & Hazardous Materials Safety Programs Administration (PHMSA), created by the Norman Y. Mineta Research and Special Programs Improvement Act in 2004, adopts the Hazardous Materials Regulations (HMR), which govern the transportation ofhazardous materials (hazmat). The FAA, under delegated authority, enforces the Federal hazardous material transportation law and the HMR, with particular emphasis on shipment ofhazmatby air. 49 C.F.R. § I.47(j).

C-1 

# i GOVERNMENT 

## j EXHIBIT 

# j

# c.,,,_i i 1

### 0/0~/07 2150.38
d. Violation ofthe HMRs. The HMR set forth regulations for the transportation ofhazmat.

I A kn<Dwing violation ofthe statute orofthe HMR can support the assessment ofa civil penalty betwden $250 and $100,000. A person acts knowingly when the person has actual knowledge of the fabts giving rise to the violation; ora reasonable person acting in the circumstances and exercising reasonable care would have that knowledge. 49 U.S.C. § 5123(a)(I)(A). The civil penalties authorized under the statute apply to each violation ofany regulation set forth in the HMRj; they also apply to the violation ofan order, special permit, or approval issued by the Departtment. Moreover, under the statute, each continuing violation ofthe HMR can constitute a separate violation for each day a violation continues. In section 5124 ofthe statute, Congress presc+bed criminal penalties for a willful violation ofthe Federal hazardous material trans9ortation law or the HMR; willful violations require evidence ofboth knowledge ofthe laws and regulations and intent to violate them. 

# I

. e.JInvestigative and Enforcement Procedures. Part 13 ofthe Federal Aviation Regulptions

- Investigative and Enforcement Procedures (14 C.F.R. part 13) govems the procedures applicable to enforcement ofthe HMR by the FAA. Hazmat violations occurring on or aftdr August 2, 1990, may be dismissed by an administrative lawjudge (ALJ) ifa notice of

### propo~ed civil penalty has not been issued within 2 years ofthe violation, unless good cause for I delay has been shown. 14 C.F.R. § 13.208(d). 2. clnsiderationofStatutory Criteria. As a general matter, a sanction should be imposed that is lsuffic.iently deterrent but not excessive, in orderto comply with the underlying purposes ofthe federal hazardous material transportation law and HMR. In determining the sanction to be

### ass~ssed, penalty criteria set forth in 49 U.S.C. § 5123 must be considered. These criteria are the

### na~ure, circumstances, extent, and gravity ofthe violation; the degree ofculpability ofthe violatdr; the history ofpast violations (ifany); the ability to pay; the effect on the ability to continbe to do business; and other matters asjustice requires. Some ofthese considerations alread* are factored to some extent into the categories in the Hazardous Material Sanction

### Guida~ce Matrix. The statutory factors are further considered under the weighting analysis that is

### perf~rmed to indicate the amount ofthe civil penalty within the appropriate range, i.e., at the minimbm, moderate, or maximum portion ofthe sanction range. The Matrix recognizes that an I even higherpenalty could be warranted for a significantly aggravated case, consistent with the increas1 ed maximum penalty of$50,000 imposed by SAFETEA-LU. In addition, the Matrix reflectJ the potential $100,000 penalty, also imposed by SAFETEA-LU, for a violation that

### result1~ death, serious illness, or severe injury to any person, or substantial destruction of prope·r· 3. Consistency ofPenalty Sanctions. The Hazardous Materials Sanction Guidance is designed to

### pr~?}ote**bet~er** consistency so that similar penalties are imposed_in similarcases. The specified Matnx ranges (e.g., $250-$550, or $15,000-$32,500) are mtended to reflect the nature,

### circum~tances, extent, and gravity ofthe case as compared with other types ofcases. Each case; howevclr, must be evaluated on its own facts. A sanction may differ from the specified Matrix ranges fhen the facts and circumstances ofa case support eithera greateror lesser penalty. When a, special agent believes that a penalty should exceed the specified Matrix ranges, the agent should tonsult with legal counsel before further processing ofthe Enforcement Investigative Report tEIR). This consultation is not necessary in the case ofa recommended penalty that is


### C-210/01/07 2150.38
less than that provided in the Matrix. In either situation, the basis for the decision to go outside the ranges should be explained in detail. 4. Part 175 Violations. Violations ofpart 175 ofthe HMR, which establish particular requirements for air carriers and other aircraft operators, are contained in a separate matrix. However, such operators often offer hazardous materials for air transportation, as well as accept and transport them. For this reason, such operators may be liable for violations both as a business entity within the Hazardous Materials Sanction Guidance Matrix, as well as for specific air carrier violations. 5. Violation Committed by Small Business Entity. To meet statistics-gathering requirements, the investigating special agent must determine whether the alleged violator qualifies as a small business concern under the Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA). For an extensive discussion ofhow to make that determination, see Part OneAbbreviations and Definitions, in Appendix B ofthis order. Ifinvestigating special agents are unable to obtain independently infom1ation to determine whether an alleged violator is a small business concern, they request such information in the letter ofinvestigation. See sample letter ofinvestigation in Figure A-I ofAppendix A. Because violations ofTitle 49 ofthe U.S. Code and the HMR may be committed by entities in addition to those normally regulated by the FAA, the investigating agent may need to refer to the SBA's complete table ofsize standards to find the correct size limit for an alleged violator.

a. Enforcement Policy under SBREFA. Chapter 7, Paragraph I0, ofthis order generally outlines the FAA's enforcement policy under SBREFA. In determining whetherand how to provide for the reduction orwaiver ofcivil penalties for statutory or regulatory violations by small entities, the FAA's policy may contain certain conditions. Those conditions may allow for excluding from such a reduction orwaiver: a small entity that has been subject to multiple enforcement actions by the agency, a violation involving willful orcriminal conduct, a violation that results when there has not been a good faith attempt to comply with the requirements, and a violation that poses a serious health, safety or environmental threat. With respect to aircarriers and other aircraft operators, the FAA takes into consideration company size in determining the appropriate amount ofcivil penalty. See the Matrix, Figure C-1, below. b. Information Sheet for Complaints by Small Business Concerns. Each FAA employee who conducts an inspection ofa small business concern that is regulated bythe FAA provides the small business concern with an information sheet. The information sheet informs that entity that it may submit complaints orcomments regarding unfair FAA regulatory enforcement to the National Ombudsman. FAA special agents may obtain a copy ofthe information sheet for hazardous materials inspections and additional guidance for distributing it from the ASH regional offices.

c. Reduction orWaiver ofPenalty. The FAA does not reduce or waive the penalty ofan alleged violator solely because it is a small business entity. This is because a violation ofthe hazmat statutes or HMR typically poses a serious health, safety, orenvironmental threat (and may involve one ofthe otherreasons for exclusion). Accordingly, the FAA will usually reduce

C-3**10/0~/07** 2150.38

or waive a penalty only ifthe small business entity provides evidence to demonstrate its inability to

### pa~ or that the proposed penalty would prevent the entity from continuing in business. dl Enforcement Actions Other than Civil Penalties. The FAA may, in limited circulnstances, announce policies to provide for hazmat enforcement actions less onerous than civil penalties, that is, 'administrative actions. Such policies may apply to small business entities or to bthers, and will be announced as Compliance and Enforcement Bulletins in this order. · 6. ule ofthe Sanction Guidance. This guidance provides agency personnel with a systematic way tp evaluate a case and arrive at an appropriate penalty, considering all the relevant statutory criteri1 a including mitigating and aggravating circumstances, ifany. Statutory considerations have been factored into the various ranges within the Sanction Guidance Matrix. Determination ofwhfre a sanction lies within these ranges is aided by a series ofweighting questions that probe the various aggravating and mitigating factors that may exist in a case.

a. Weight Analysis. First, the weighting analysis is performed. Agency personnel respond to a series ofquestions to determine the aggregate weight ofthe case. The aggregate weight of the cake helps determine the sanction amount for each violation group within the established range!ofthe Matrix. b. Determination ofSanction. It is important to note that determination ofwhere the sancti·. n lies within the Matnx is not the result ofa mathematical computation. Evaluation ofthe case iJ based on the totality ofthe facts and circumstances. Generally, ifthe answer to a particJJar question represents a more significant aspect ofa case, greater consideration should be given to that answer. Forexample, violations involving an extremely dangerous substance, even in mintite quantities, might warrant a penalty at the maximum end ofthe range or even a penalty exceeding the Matrix ranges (ifnot already at the statutory maximum).

c. Determination ofCategory. Under the Sanction Guidance Matrix, agency personnel determine the category ofviolator the person falls within (for example, business entity that I regularly offers, accepts, or transports hazmat) and the offense category (for example, undeclared shipmJnt within hazmat quantity limitations). The sanction ranges under the various violator catego}ies take into account the relative culpability ofthe violator. Similarly, the offense categoties address the nature, circumstances, and gravity ofthe particularoffense. After determlining the appropriate categories and intersecting box ofthe Matrix, agency personnel then

### determ~ne which subcategories ofoffenses (for example, shipping papers) are alleged to have I been violated. Based on the weighting analysis performed in subparagraphs 8.a.-e., an

### approp~iate penalty is assigned for each ofthe applicable violation groups. The penalty amount I for each relevant violation group is added together to reach the recommended sanction. d. jotherRelevant Sanction Factors. Under subparagraph 8.g., the special agent then consid .rs other relevant factors, including evidence ofcorrective action. A recommended sanctiob may be reduced prior to the issuance ofa notice ofproposed civil penalty when there is adequate reliable information concerning the corrective actions taken by a respondent.

### Correc~ive actions thatjustifyreduction ofthe recommended penalty must exceed the minimum



### C-410/01/07 2150.38 legal requirements. The special agent also attempts to provide infonnation concerning the alleged violator's size, financial condition, and ability to pay a recommended sanction. 7. FAA Legal Counsel Review. When an EIR is forwarded to legal counsel for enforcement action, counsel will give appropriate consideration to the recommended sanction. FAA legal counsel will also review the factors, analysis, and detenninations under the Hazardous Materials Sanction Guidance. The basis for deviating from the recommended sanction, ifany, should be explained to, and discussed with, the investigating special agent. Final detennination ofthe sanction amount proposed in the notice ofproposed civil penalty is ordinarily a product of joint decisionmaking and approval ofthe investigating agent and the legal office.

8. Federal Aviation Administration Hazardous Materials Sanction Guidance. This Sanction Guidance is divided into three sections: case analysis; utilization ofthe Sanction Guidance Matrix (Matrix); and consideration ofother statutory factors. The Sanction Guidance Matrix is contained in Figure C-1 and the Risk Categories are contained in Figure C-2.

a. Case Analysis (Evaluation ofStatutory Assessment Factors). (I) This section contains a series ofquestions to assist a special agent in evaluating a case and recommending a sanction. It also assists an attorney in evaluating a case file prior to initiation, and after additional infonnation is received in response to a notice ofproposed civil penalty. The questions review factors involving the nature, circumstances, extent and gravity of the violation, the violator's degree ofculpability, and the violator's history ofprior violations. Some ofthese factors are already considered to some extent within the various categories ofthe Sanction Guidance Matrix. The questions in this section provide additional consideration ofthe statutory factors and examine the existence ofaggravating and mitigating factors in a case. (2) The agent answers each question in Section I and detennines ifa relative weight of minimum, moderate, ormaximum should be assigned based on the response to the question. With the exception ofQuestion (l)(a), not all questions will necessarily apply to a given fact situation. Question (J)(a) addresses the nature ofthe hazardous material(s) involved, and the evidence will indicate the risk category and, therefore, the weight. The aggravating or mitigating factors addressed in the other questions only apply to the case when the question receives ayes response. Questions receiving a no response do not affect the weighting ofthe case and are not considered. Forexample, that the violation did not result in injury ordamage is not a mitigating factor, and should not result 

### in penalty mitigation. In many instances, the answers to most orall ofthe questions will be no and the only relevant weighting factor in this section will be the risk category ofthe material identified in Question (J)(a). (3) In determining the final aggregate weight ofthe case, the responses to each ofthe questions do not have to be equally considered. Determination ofwhether the overall case should have a minimum, moderate, ormaximum weight cannot be determined with mathematical certainty. Generally, ifthe answerto a question demonstrates that the factor at issue represents a more significant aspect ofthe case, greaterconsideration is given to that factor. The final aggregate weight is based on the totality ofthe facts and circumstances ofthe case. Once
C-5

## 1o1o1ro7 21so.3s

# dete~ined, the final aggregate weight is then utilized to arrive at the recommended sanction for each applicable violation group on the Sanction Guidance Matrix (See, Figure C·l). b. The Nature, Circumstances, Extent, and Gravityofthe Violation (Factors Conclrning the Shipment): · (I) What material(s) was offered, transported, or accepted for air transportation? Figure C-2 di1ides hazardous materials ofparticularclasses, divisions, and packing groups into three risk ca'tegories: Category A, Category B, and Category C. Find the material offered, transported, or ace pted, in Figure C-2 and answer the questions below.

• Ifthe matcrial(s) is in CategoryA, assign a Maximum weight. • Ifthe material(s) is in Category B, assign a Moderate weight. • Ifthe material(s) is in Category C, assign a Minimum weight. Guida 1ce Note: The categories in Figure C-2 represent the inherent risk of danger to air trans)ortationposedby the material. 

### If there is more than one type of hazardous material involvkd in the shipment. use the hazardous material in the highest risk category. 

# 1

(2) What quantity ofthe material(s) was offered, transported, or accepted for air transp rtation?

• Did the package(s) exceed the authorized quantity limitations by a significant amoun1 t? Ifyes, consider a Moderate orMaximum weight depending on the degree to which the limitation was exceeded. GuidaiceExample. The quantUy limitation forgasoline onapassengerplane is 5/itersP" package. 

### ff a violator offers 30 liters in a singlepackage on apassengerplane. assign a**maxim~m** weight for thisfactor. 1· • Did the package contain a forbidden material? Ifyes, assign a Maximum weight. 

# I • Were there multiple packages in the shipment? If yes, consider a Moderate or

### Maxim~m weight, depending on the numberofpackages and total amount ofhazardous material being

### t~ansported in violation. 

## I GuidaJce Note: A package means a packagingplus its contents. There maybe multiple packades in oneshipment oroverpack. Multiplepackages often represent multiple violations. Under

### ~he Sanction Guidance, thisfact is consideredan aggravating circumstance rather than a direct lnultiplier of the sanctionfor each violation. Each case, however. must be evaluatedon its particul 1 1ar.(acts. A very

### la~ge nu':'berof packages may result in

### su~h an

### e~eg~ous case

### th~t the overallwerght of the case rs so hrgh that apenalty beyondthe maxrmumpomtm the range rs warranted An invlstigation willoccasionally revealsufficient evidence of severalshipments from the same offerorloveraperiodof severaldays, allof which involve violations of the HMR. These

### indepe~dent acts of offering usually are consolidatedinto one EIR andaddressedin one notice
C-610/01/07 2150.38 of proposedcivilpenalty. However,forpurposes of determining the appropriatesanction, each separateshipment with separate air waybill orshippingpapers, separatedestination, and/or otherevidence establishing it as a separateshipment, is ordinarily consideredas a separate incident forpurposes of applying the sanctionguidance analysis. It is suggestedthat the separate shipments be treatedas individual counts in the EIR andthe notice of proposedcivil penalty. with each count having its own sanction derived from application of this guidance. (3) Did the shipment cause some damage or harm to persons orproperty or interfere with commerce? lfyes, consider a Moderate or Maximum weight. Guidance Note: The/act that no damage occurredas a result of the shipment is nota mitigating factor. However, damage orharm mayaggravate the nature, circumstances, extent, andgravity of the violation. Depending on the degree of damage causedby the shipmentand/or the existence of other aggravatingfactors. departurefrom the ranges may bejustified. It is important to note that death, serious illness, orsevere injury to anyperson, orsubstantial destruction o/property, warrants additional consideration ofaggravation of the totalpenalty.

c. Violator's Degree ofCulpability. The Matrix, Figure C-1, considers the relative culpability ofthe violator. This section ofthe analysis further evaluates the degree ofculpability ofthe violator. (I) Is the violator the manufacturer ofthe hazardous material? Ifyes, consider a Maximum weight. GuidanceNote: A manufacturerof a hazardous material is expectedto havecomplete knowledge of the nature of the hazardous material itmanufactures or uses; thus, a high degree of culpabilitywillordinarily be imputedto it. (2) Did someone other than the violator prepare the shipment for transportation? Ifyes, consider a Minimum orModerate weight. GuidanceNote: Facts supportingan affirmative answer to this question may because to mitigateculpabilityand/or pursue a separate enforcement action againstotherresponsible parties who handledthe shipment. A shipperthat reships materials received from another person in thesamepackaging is independentlyresponsible for ensuring the shipment complies with theHMR. Nevertheless, the reshipper is generally consideredto havea lesserdegree of culpability for compliance of thepackage as received. However, if the reshipper unpacks and/or repackages the shipment, the reshipper remains as culpable as the originalshipperand generally is notaccordedmitigation underthis weighting/actor. (Forpurposes of this section, a "reshipper" refers to aperson, other than the originalofferor, who offers a shipmentof hazardous material for transportation.) (3) Did the violator reasonably rely on incorrect information from another source? If yes, consider a Minimum weight.



### C-7

## I I 10/01/07 2150.38 

# I GuidqnceNote: Detrimental, reasonable reliance on anotherpar(y may bea mitigating factor when [considering the violator's degree ofculpabiliry. For example. reliance on an inaccurate Mate!l[wl SaferyData Sheet (MSDS) wouldbemttigating. (4) Does the violator have a history ofprevious HMR violations? lfyes, consider a Mode1 ate orMaximum weight. 

### i Guidance Note: To establish a violation history, aprior violation must he an actualfinding of

### violat~onpursuant to a legal enforcement action. Specialagents shouldattempt to determine the corpoljate structure o_lthe violatorandwhether other business entities ornames are orhave been usedby the entity in order to obtain a complete violation history. The numberandagt> o{ violauions shouldbe considered Ordinarily

.. findings of violation more than 5vears oldcarry less wright, unless a continuingpattern of violation exists.
I I d. II Other Factors. I(I) Each case must be evaluated on its particular facts. As such, many cases may present unique scenarios and aggravating or mitigating factors that are not routinely seen. Ifan

### aggra~ating or mitigating circumstance exists that is not adequately addressed elsewhere in the sanction guidance, it may be included and assigned a weight under this section. The factor shouldjbe clearly identified and explained in the analysis portion ofthe EIR and carefully scrutinlized by legal counsel. Guidarrce Note: For example. a shipment of a singlepackage containingseveraldifferent hazardJous materials maypresentan aggravating factor. The degree of seriousness of thisfactor will in rease ((the hazardous materials are incompatible with each otherand. therefore, create an inc),Jeasedrisk. Mitiga :ingfactorsmayalso exist that havenot been adequately considered. For example, a**shipme~t** containing a de minimis quanti(Yof materialoran amount that wouldhave qualified under

### t~e smallquanti(Yexceptionof 49 C.F.R. § 173.4 maypresenta mitigating factor 

### if as a resuli there was a reducedrisk to safe(Y in transportation. That thematerial couldhave been shippedas a consumercommoditycan alsobea mitigating factor.



### e. r.eterminetbeFinal Aggregate Weight ofthe Case.

.



# . _

fI) 

### All the responses/weights are evaluated to determine a final aggregate weight for the case (Minimum, Moderate, andMaximum.). Questions receiving a no response will not be included in this evaluation. To determine the final aggregate weight, the agent or attorney must exercisJ his or her discretion in light ofthe statutory factors and knowledge ofthe particular facts of!the case. The facts ofthe particularcase will dictate the relative importance ofeach of the**wei~hting** factors in reaching the final aggregate weight. The final aggregate weight should be decided asa result ofcareful analysis, not a mathematical averaging. It is possible that a I single**~eighting** factor may outweigh all others. The agent or attorney's analysis should always be expl<iined in this regard. I 

# I C-810/01/07 2150.38

GuidanceExample: A case involvinga hazardous material in the lowest risk categorymaybe evaluatedto havea maximum weight because of the large quantityshippedorthe damage resulting from theshipment. 

### f. Utilize the Matrix (Figure C-1). (I) The sanction ranges under the offeror and offense categories ofthe Sanction Guidance Matrix reflect the relative culpability ofthe violator and the nature, circumstances, extent, and gravity ofcases for the majority ofviolations. Consideration ofthese particular statutory factors under the Federal hazardous material transportation law is built into the Matrix. Further analysis ofthe statutory factors is required to determine the appropriate sanction within the ranges established under the Matrix. This analysis is performed in subparagraphs 8.a.-e. After determining the final aggregate weight ofthe case under subparagraphs 8.a.-e., that weight is applied to the appropriate Matrix range to identify the recommended sanction amount for each ofthe relevant violation groups and for the case as a whole. Although the notice ofproposed civil penalty may cite numerous violations ofa particular part or subpart ofthe HMR, unless upward departure isjustified, a single penalty amount for each violation group is ordinarily used to reach the full sanction. · (2) Instructions.

• Identify the appropriate category for the type ofentity and the nature ofthe offense involved in the case. Refer to the Definitions Section that follows the Matrix in Figure C-1 for guidance. Go to the intersecting box and identify the applicable sanction range for each violation group.

• Apply the conclusion reached in the subparagraphs 8.a.-e. weighting analysis to assign a sanction amount within the minimum, moderate, or maximum portion ofthe sanction range for each relevant violation group. The recommended civil penalty at this stage is the sum ofthe sanctions for each ofthe applicable violation groups. A sanction should not be assessed for a violation group ifthere have been no violations ofthat part or subpart ofthe HMR. The sanction amount for each violation group need not be identical but ordinarily is within the portion ofthe particular sanction range that represents the overall weight ofthe case. (3) Departure from the Matrix ranges. The ranges ofpenalties specified in the Matrix (e.g., $250-$550) are intended to cover the majority ofcases involving violations ofthe HMR. The facts and circumstances ofa particularcase, however, mayjustify either an upward or downward departure from the specified Matrix ranges. This sanction guidance anticipates departure from the specifiedMatrix ranges whenjustified. A case involving violations in which the nature, circumstances, extent, and gravity ofthe incident are particularly severe oregregious, mayjustify upward departure from the specified ranges. Ifthe investigating agent believes, based upon the facts ofa case, that a penalty should exceed the specified Matrix ranges, the agent should consult with legal counsel before further processing ofthe EIR. (However, in no case may the civil penaltyperviolation exceed the maximum allowed by law.) Conversely, the investigating agent may believe that mitigating factorsjustify a downward departure from the


### C-910/011/07 2150.38 I 

# I**Matri~** range. Consultation with legal counsel is not necessary in the case ofa recommended penalty that is less than that provided in the Matrix. (However, in no case may the civil penalty per viblation be less than the minimum allowed by law.) In either situation, however, the agent is to provide a detailed explanation ofthe basis for the decision to go outside the ranges. I 

### I : (4) Violations ofpart 175 regulations, which establish particularrequirements for air

### carrie~s and other aircraft operators, are contained in a separate matrix. However, such operators often 6Jler hazmat for air transportation as well as accept and transport it. As such, the operator may be liable for violations as a business entity within the main Matrix as well as for the specific part I**~5** violations. 

## I g. )Impact ofOther Statutory Factors. The Federal hazardous material transportation law also ref:luires consideration ofa violator's ability to pay a civil penalty, the impact ofthe civil penalty on the violator's ability to continue to do business, and other matters thatjustice requires. Consideration ofthese factors may result in adjustment ofthe recommended civil penalty calculated in subparagraph 8.f. In situations where the agent orattorney is in possession ofmitigating information, such an inability to pay the recommended civil penalty or corrective action taken, reduction ofthe recommended penalty may be appropriate. Mitigating information shouldibe sufficiently reliable, uncontroverted, and documented in order to support reduction of the recbmmended civil penalty prior to issuing the notice ofproposed civil penalty. 

# I

. 1( I) Ability to pay or continue in business. Historically, the FAA has considered these factors after the issuance ofthe notice ofproposed civil penalty due to the absence ofreliable**financi~l** information on which to base a reduction priorto the issuance ofa notice. This Sancti9n Guida.nce**recon~mends** that**th~ specia~** **~gent mak~** **effo~s** to obtai.n reliable inform.ation regarding the vwlator's size and financial conditiOn for review pnor to the Issuance ofa notice. This information will be transmitted to the legal office for consideration. It is recognized that it may not always be possible for the special agent and/or attorney to obtain reliable financial**inform~tion** on a particular respondent, that financial circumstances change, and that information may beiprovided after the issuance ofthe notice that may warrant further consideration ofa respondent's ability to pay.



### . ! 

# I • The investigating agent will attempt to include financial information as an exhibit in the BIR. It is anticipated that this information, ifavailable, will be obtained from reliable financdl data bases. Financial documentation should include, but need not be limited to,

### inform~tion concerning the violator's corporate structure, business address, officers, number of employees, and gross revenues. 

# I T . . . "d . h . h
1 • he mvestigatmg agent prov1 es a statement or commentWit respect to t e financial information obtained but ordinarily does not evaluate the financial condition ofa respondfnt with respect to its ability to pay a proposed civil penalty. The investigating agent's statement should encompass areas like the number ofemployees, gross revenues, and nature of businesJ ofthe violator. I I

1 • FAA legal counsel reviews the financial information provided in the EIR and evaluate:s its sufficiency and relevance to the recommended civil penalty. Legal counsel may 

# I I I I C-1010/01/07 2150.38
determine ifmore current information exists concerning the financial condition ofa respondent and ifthat information substantially differs from the information available at the time of preparation ofthe ElR. Ifthere is a basis for determining that the recommended sanction is inappropriate based upon the financial information provided in the EIR, the recommended sanction is adjusted prior to issuance ofthe notice ofproposed civil penalty. This is a preliminary consideration ofa company's ability to pay. As such, pre-notice adjustment ofa recommended civil penalty does not preclude further consideration ofa respondent's financial claims after issuance ofthe notice. (2) Corrective Action.

• The most common othermatter that the FAA takes into consideration is corrective action. Corrective action that results in mitigation is remedial action that exceeds the minimum legal requirements. The primary factors in detcm1ining the appropriate amount ofpenalty reduction are the extent and timing ofthe corrective action. In other words, mitigation is determined on the basis ofhow much corrective action was taken and how quickly the action was taken. Systemic change intended to prevent future violations should be given greater consideration. Similarly, corrective action that commences upon the violator's first learning of the violations ordinarily is given greater credit than corrective action that commences only after the violator receives the letter ofinvestigation or the notice ofproposed civil penalty. Mitigation ofa recommended civil penalty based upon corrective action should be referenced in the Notice ofProposed Civil Penalty so that the respondent is on notice that credit already has been given for such action. (2) Status ofviolator as a smallhusiness entity orconcern. See subparagraphs 5.a.-b. above.

C-11I 

### 10/0!1/07 2150.38


### MATRIX & 

### DEFINITIONS (Figure C-1)

C. BusinessEntity D. Business Entity 

# j OFFENSE that uses or handles that regularly**~·A**TEGORIES A. Individual• B. Business Entity hazmat in the offers. accepts, or course ofbusiness transports hazmat I. Dediared Shi(!ment I. SHipping Papers 250-550 250-1' 100 500-2,200 I,000-5,500 2. dbels 250-550 250-1, I00 500-2,200 I,000-5,500 3. Mrrkings 250-550 250-1,100 500-2.200 I,000-5.500 4. Packaging 250-550 250-1, I00 500-2,200 I,000-5,500 5. Tl ·. 0 450-1,100 500-2,200 1,000-5,500 Jammg ---------- 6. E 1erg. Response 250-550 250-1' 100 500-2,200 ' I,000-5,500 7. RJieasc into Environ. 250-550 250-1,100 500-2,200 I,000-5,500 R. Ot 1 hcr 250-550 250-1,100 500-2,200 1,000-5,500 II. Unheclared Shi(!ment Withirt Hazmat Quantln: Limitations I I. SHipping Papers 250-1' 100 I,500-8,200 2,500-11 

### ,ooo: 5,000-13,000 2. dbels 250-1,100 I,500-8,200 2,500-11.000 5,000-13,000 3. M1rkings 250-1' 100 I,500-8,200 2,500- II,000. 5,000-13,000 4. Pafkaging 250-1,100 I,500-8,200 2,500-11 ,000 5,000-13,000 5. Training ___.....________ I,500-8,200 2,500-11,000 5,000-13,000 6.**E~erg.** Response 250-1,I00 I,500-8,200 2,500-11,000' 5,000-13,000 7.**Re~ease** into Environ. 250-1,100 1,500-8,200 2,500-11 ,000 5,000-13,000 8. Ot er 250-1,100 I,500-8,200 2,500-11 ,000; 5,000-13,000 III. Un1 declared I**Shipm~nt** i Hazmdt Forbidden**on~** or**exc~eds** atv limits for**Passen~er** Aircraft 500-5,500 5,000-16,200 7,500-22,000 I0,000-32,500 I. Shl!:ing Papers 500-5,500 5,000-16,200 7,500-22,000 I0,000-32,500 2. La Is 500-5,500 5,000-16,200 7,500-22,000 I0,000-32,500 3. MJrkings 500-5,500 5;000-16,200 7,500-22,000 I0,000-32,500 4.**Pa~kaging** 

### ---------- 5,000-16,200 7,500-22,000 I0,000-32,500 5. Tdining 500-5,500 5,000-16,200 7,500-22,000 I0,000-32,500 6. Errlerg. Response 500-5,500 5,000-16,200 7,500-22,000 I0,000-32,500 I 500-5,500 7,500-22,000 i 7. Release into Environ. 5,000-16,200 I0,000-32,500 8.**Ot~er** IV.**UoJieclar~d Shipm~ot**  ForbidJien on;or**exceed~** gU: limits**for~** 500-32,500 7,500-32,500 I0,000-32,50d I5,000-32,500 All**Air~raft** 500-32,500 7,500-32,500 I0,000-32,500 15,000-32,500 I. Shipping Papers 500-32,500 7,500-32,500 I0,000-32,500 I5,000-32,500 2. Latkls 500-32,500 7,500-32,500 I0,000-32,500. 15,000-32,500 3. MJ.k.ings
---------- 7,500-32,500 I0,000-32,500 15,000-32,500 4. Padtaging 500-32,500 7,500-32,500 I0,000-32,500 15,000-32,500 5. Training 500-32,500 7,500-32,500 10,000-32,500 15,000-32,500 6. Embrg. Response 500-32,500 7,500-32,500 10,000-32,500 15,000-32,500 7. Relfase into Environ. 8. Oth:er ! lotehtional or : 

### v. CONSULT CONSULT CONSULT \ CONSULT C-1210/01/07 2150.38
Deliberate Violation 1 or LEGAL- Up to LEGAL- Up to LEGAL- Up to LEGAL- Up to other si"nificant 50,000 per offense 50,000 per offense 50,000 per offense 50,000 per offense aggravation category may be category may be category may be category may be assessed assessed assessed assessed VI. Violation results in CONSULT CONSULT CONSULT CONSULT death 1 serious illness 1 LEGAL- Up to LEGAL- Up to LEGAL- Up to LEGAL- Up to severe injury 1or 100,000 per 100,000 per I00,000 per offense 100,000 may be substantial destruction offense category offense category category may be assessed ofpropertv may be assessed may be assessed assessed h. *Sanctions applicable to air carrier and commercial operator passengers and crewmembers. The range for the total civil penalty to be assessed, absent mitigating or aggravating factors, is $250 (the statutory minimum) to $1 ,000.

E. Group I & II F. Group Ill & IV 

### AIR CARRIER AND OTHER AIRCRAFT Air Carriers and Air Carriers and 

### OPERATOR VIOLATIONS Other Aircraft Other Aircraft Operators Operators Failure to comply with Parts 171, 172, or 173 Use main Matrix. Use main Matrix. requirements ofthe HMR as an offeror ofhazmat. Improper acceptance ofhazmat for air transportation. (i.e., quantity, labeling, marking, packaging, and 5,000-32,500 2,500-16,200 shipping papers)

See49C.F.R. §§ l75.30(a)(l)-(4) Failure to inspect hazmat shipment properly. I0,000-32,500 5,000-I6,200

See 49 C.F.R. §§ l75.30(b), (c), (d), (e) Improper storage/securing ofhazmat aboard aircraft. I0,000-32,500 5,000-16,200 Failure to provide hazmat training, maintain records of I0,000-32,500 5,000-I6,200 training, or meet minimum requirements for hazmat training (49 C.F.R.). Using untrained/improperly trained hazmat personnel, I0,000-32,500 5,000-16,200 failure to retain hazmat training records (49 C.F.R.) Failure to notify FAA properly ofincident/discrepancies 5,000-I6,200 1,000-5,500 in hazmat shipment. Failure to provide notice to the pilot-in-command. 5,000-16,200 I,000-5,500 Other Part 175 violations. 5,000-16,200 I,000-5,500 Intentional, deliberate, orother significantly aggravated CONSULT CONSULT LEGAL violation. LEGAL- Up to

- Up to 50,000 per 50,000 per offense category offense category may be assessed may be assessed Violation results in death, serious illness, severe injury, or CONSULT CONSULT LEGAL substantial destruction ofproperty. LEGAL- Up to

- Up to 100,000 per 100,000 per offense category offense category may be assessed may be assessed
C-13' 

### I 

### 10/01r07 2150.38
9.**D~finitions:** Note that these definitions are only for the purpose ofapplying the sanction**guida~ce** in this appendix. 

## I I a. IAir Carrier and Other Aircraft Operator Groups (1, II, III, IV)- Air carriers and otherJircraft operators are divided into two categories for purposes ofdetermining an appropriate sanction. These categories track the air carriergroups established in Appendix B this**or~er.** For purposes ofhazmat sanction guidance, the FAA also includes other aircraft operatbrs operating in commerce that are ofsimilar size, e.g., part 129 Foreign Air Carriers, part 125 Operators, and part 91 Operators. 

## i(I) Group I is comprised ofair carriers with annual operating revenue of$1 00,000,000 or moie. Other aircraft operators with annual operating revenue of$100,000,000 or more are includbd in Group I for hazmat sanction guidance purposes. 

## I 

## i(2) Group II is comprised ofair carriers and other commercial operators that have an annual!operating revenue ofless than $100,000,000, and have 50 or more pilots and operate 25 or morp aircraft. Other aircraft operators ofthe same size are included in Group II for hazmat sanctidn guidance purposes. 

# I (3) Group Ill is comprised ofair carriers and other aircraft operators that do not meet the**criteri~** for Group II, that is, they have only 6 to 49 pilots, or only 6 to 24 aircraft. Other aircraft

### operat~rs ofthe same size are included in Group Ill for hazmat sanction guidance purposes. I i (4) Group l V is comprised ofall other air carriers and commercialoperators not meeting the**crit~ria** for Groups I, II, or Ill. Other aircraft operators ofthe same size are included in Group IV for hazmat sanction guidance purposes. I 

## i b. !Business Entity. A business, corporation, partnership, Sub-S Corporation, sole proprietor, association, or any type ofcommercial entity. An individual who offers a hazmat**shipme~t** in air transportation in the course ofhis orher self-owned business falls into this categorjy. It includes a non-profit organization and all otherentities defined under the HMR's**definiti~n** of person (49 C.F.R. § 171.8), with the exception ofan individual (as defined below).

c. \Business Entity that Regularly Offers, Accepts, orTransports Hazardous Materials in the Course ofIts Business. A business entity that offers hazmat with some anticipated frequency, orpurports to do so, regularly offers hazmat. Forexample, a catalogue company that offers Hazardous material to its customers would fall into this category, even though its actual sale or transportation ofthe hazmat is infrequent or limited. This category includes manufatturerordistributor ofhazmat and a freight forwarder.



## - I

d. business Entity that Uses, Handles Hazmatin the Course ofIts Business. This category encompasses the business that utilizes hazmat in its business but does not offer it for transpottation on a regular basis, as described above. For example, a manufacturer ofa nonhazmat**~roduct** that uses hazmat in the manufacturing process could fall into this category. It must be: established that the company ordinarily does not offer the hazmat it utilizes for

### transpo~tion, and the shipment in this instance represents an isolated incident. This type of business is held to a higher standard than the business entity that has no regular involvement C-1410/01/07 2150.38
with hazmat. The described business entity receives the subject hazardous material in transportation and uses it in its business; thus, it is clearly on notice ofthe hazardous nature of the material and the regulatory requirements to which the hazmat is subject.

e. Declared Shipment. For purposes ofthis sanction guidance, a declared shipment has at least one ofthe following communicative indicia---markings, labels, and/or shipping papers that meet the communicative requirements ofthe HMR. A package that has shipping papers that declare the contents as hazardous material, but is otherwise not marked or labeled, falls into this category. For purposes ofthis definition, a shipping paper is any document to which handlers refer in the normal course oftransportation and that complies with one or more ofthe communicative requirements in the HMR for shipping papers. Similarly, a properly marked and labeled package that lacks shipping papers also falls into this category. An example ofa shipment that would not meet this definition is one where the offeror states that the shipment contains hazmat, but only in paperwork to which the handlers do not refer in the normal course oftransportation. f. Hazmat- A hazardous material, as defined in 49 C.F.R. § 171.8, includes and is interchangeable with the term dangerous goods, as used in the International Civil Aviation Organization (ICAO) Technical Instructions. g. Individual_!_ A human who offers a shipment ofhazardous material in his or her personal capacity, without any business purpose and not as part ofa commercial enterprise. h. Intentional o.r Deliberate Violation- A violation falls into this category when the offeror, acceptor, air carrier, or aircraft operator has knowledge ofthe requirements ofthe HMR, and willfully circumvents or attempts to circumvent those requirements. Forexample, an offeror who places a properly marked and labeled hazmat shipment along with properly completed shipping papers, into an overpack marked asprintedmaterial, has committed an intentional or deliberate violation. · i. Undeclared Shipment- Ifa shipment does not meet the definition ofdeclaredshipment, it is an undeclared shipment. j. Undeclared Shipment Hazmat Exceeds Quantity Limits for AU Aircraft- An undeclared shipment that is offered for transportation on ortransported on any aircraft and the quantity ofhazardous material exceeds the limit, per package, for transportation oncargo aircraft, as established in the 49 C.F.R. § 172.10I Table. k. Undeclared Shipment Hazmat Exceeds Quantity Limits for Passenger Aircraft- An undeclared shipment that is offered for transportation on or transported on a passengeraircraft, and the quantity ofhazardous material exceeds the limitation, perpackage, for transportation on passenger aircraft (but not for transportation on cargo aircraft), as established in the 49 C.F.R. § 172.101 Table. I. Undeclared Shipment Hazmat Forbidden on AU Aircraft- An undeclared shipment that is offered for transportation on ortransported on any aircraft and the hazardous material is forbidden in air transportation on cargo aircraft, as established in the 49 C.F.R. § 172.10I Table. C-152150.38



## n;.. Undeclared Shipment Hazmat Forbidden on**Passeng~r** Aircraft- An undeclared shiprpent that is offered for transportation on or transported on a passenger aircraft, and the hazal[dous material is forbidden in air transportation on passengeraircraft (but not in air transportation on cargo aircraft), as established in the 49 C.F.R. § 172.10I Table. nl Undeclared Shipment Within Hazmat Quantity Limitations.

I 

# o\) Ifthe undeclared shipment is offered for transportation on or transported on a passenger aircraft, the quantity ofhazardous material must be within the limitation, per package, for transJ,ortation on passenger aircraft, as established in the 49 C.F.R. § 172.I0 I Table.

# (2~ Ifthe undeclared shipment is offered for transportation on a 

### cargo aircraft, 

### but not transported, the quantity ofhazardous material must be within the limitation, per package, for**trans~ortation** on passenger aircraft, as established in the 49 C.F.R. § 172.10I Table. j

## (3~ Ifthe undeclared shipment is offered for transportation on and transported on a cargo aircraft, the quantity ofhazardous material must be within the limitation, per package, for I transpprtation on cargo aircraft, as established in the 49 C.F.R. § 172.10I Table. All

## ot~er undeclared shipments fit within the definitions for UndeclaredShipment Hazmat ExceeJts QuantityLimitsfor

...Aircraft, or UndeclaredShipment Hazmat Forbidden on...A!rcraft, see above. 

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### CATEGORY "A" {Maximum Weight} 

### RISK CATEGORIES (Figure C-2) 2150.38

Category "A" materials are materials that when released in the.confines of an aircraft can potentially have a catastrophic effect on an aircraft's ability to continue safe flight, resulting in a crash or emergency landing causing injury or death to passengers and flightcrew, as well as persons on the ground. Class 1 Explosives: Division 1.1, 1.2, 1.3, Class 2 Compressed Gases All 2.1, 2.2 with Subsidiary Risk 5.1 and All 2.3 PIH Zones A-D Class 3 Flammable Liquids PG I, II, and (PIH) Class 4 Division 4.1 Flammable Solids PG I, & (Matches) Division 4.2 Spontaneously Combustible Materials PG I (Pyrophoric) Division 4.3 Dangerous When Wet PG I Class 5 Division 5.1 Oxidizing Liquids and Solids PG I, II, e.g., "Chemical Oxygen Generators" Division 5.2 Organic Peroxides PG II (Type A,B,C,D) Class 6 Division 6.1 Toxic/Poisonous Materials PG I (PIH) Class 7 Cargo Aircraft Only Quantities on Passenger Aircraft Class 8 Corrosive Material Liquid PG I and (PIH) Forbidden Materials (See 49 C.F.R. § 173.21 & ICAO Technical Instructions) Forbidden Hazmat listed in Dangerous Goods Table 49 C.F.R. § 172.101 

### CATEGORY "B" {Moderate Weight} The materials listed In Category "8" are materials that may not pose an immediate threat to the safety of a flight, but can cause death or Injury to persons due to unintended releases in aircraft cabin areas, and potential damage to aircraft structures over a longer period oftime due to undiscovered releases on aircraft structural components. Class 1 Class 3 Class 4
Class 5 Class 6 Class 7 Class 8 Division 1.4, 1.5, 1.6, All Compatibility Groups PG Ill Flammable Liquids Division 4.1 Flammable Solids PG II, Ill

. Division 4.2 Spontaneously Combustible Materials PG II, Ill

Division 4.3 "Dangerous When Wet PG II, Ill Division 5.1 Oxidizing Liquids or Solids PG Ill Division 5.2 Organic Peroxides (Type E,F,G) Division 6.1 Toxic/Poisonous Materials PG I, II (NON- PIH) Division 6.2 Infectious Substances Radioactive Materials, yellow label II, white label I liquids PG II, Ill Solids PG I, II, Ill 

### Category "C" 

### {Minimum Weight} The materials listed In Category "C" are materials that present the least amount of risk to the transportation system. Class 2 Class 6 Class 7 Class 9 2.2 Nonflammable Gas Division 6.1 Toxic/Poisonous Materials PG Ill All other RAM (LSA, LTD QTY, Instruments, and Articles) Miscellaneous Dangerous Goods {ORM-0 and Consumer Commodity}

NOTE: This guidance is not Intended to replace the experiencedjudgment of a special agent who is convinced, based on the evidence and facts ofa case, that the failure ofan air carrier, shipper, freight forwarder, or passenger to follow established regulations has posed a risk to aviation safety. C-17Availability:

Desired locations: Work Experience: Job Type: Permanent WorkSchedule: Full-Time United States- GA- Atlanta Federal Aviation Administration I70I ColumbiaAve CollegePark, GA United States Pershameron Cartice Dye Day Phone: 404-305-l\ll40 Evening Phone: · Mobile: 404-427-2725 Email: cartice.dye@faa.gov

SupervisoryHazardous Materials Specialist (This is a federaljob) Supervisor: Deborah Kennedy (404-305-6831) Okay to contact this Supervisor: Yes Overseeing and managing hazardous materials compliance and on-site inspections for air carriers, shippers, and repair stations: evaluations ofair carrier training programs; and investigation ofincident discrepancies and regulatory compliance violations. Manager subordiante staffin performing observations, surveillance, records review, and interviews to assess and prepare inspection and hazardous materials precedures reports; and in obtaining information, conducting investigations, and preparing Enforcement Investigative Reports on hazardous materials incidents. Provides advice, guidance, assistance, and outreach efforts as a technical expert on Hazmat issues to subordinate staff, other FAA organizations such as Flight Standards, and air carriers, shippers, repair stations, and the flying public. Coordinates and collaborates with legal staffand other Federal agencies on enforcement investigations and penalties in orderto ensure compliance with legal requirements and standards. Participate in ASH and FAA working groups on various hazardous materials policies and issues, and applies experience and expert technical knowledge when serving as the principal advisor on hazardous materials issues and activities. Coordinates with Joint Office, ASH, and FAA Officials in accomplishing responsibilities and ensuring effective management and administration ofthe hazardous materials program.
Federal Aviation Administration I701 ColumbiaAvenue 0112002-07/2012 Hours perweek: 40 07/2012- Present Hours perweek: 40 ntgt:: 1 01:)

CollegePark, GA United States Series: I80I Pay Plan: FV Grade: I Security Specialist (This is a federaljob) Supervisor: Deborah Kennedy (404-305-6830) Okay to contact this Supervisor: Yes Conducton-site air carrier and shipper inspections to ensure compliance with the federal hazardous materials regulations. Enforce regulatory.compliance b writing enforcement investigative reports (EIRs) orcounseling. Reviewair carrierand shipper training records and hazardous materials programs to ensure compliance with the federal hazardous materials regulations. Evaluate regulatedentities standard operating procedures to ensure

.compliance and identify weakness intheirhazardous materials programs. Enforcethe federal rules and regulations as they apply to regulated parties such as air carriers, repair stations, shippers, indirect air carriers, and stores. Prepare and provide presentations (outreach) to educatethe public, carriers, shippers, repair stations, businesses, individuals (regulated parties) on the safe transportationofhazardous materials in commerce. Provide advice, guidance, and assistance to aircarriers, shippers, repair stations, businesses, passengers and individuals onthe federal regulations.

https://my.usajobs.govIApplicant/Resume/W orkExperience/O?Iast=Saved ; GOVERNMENT 

# i EXHIBIT 

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12/6/2012U.;)l"\.JVD,:)-**~C::SWHC:** DUHUC:l

-**VVUl~** .Cll.pC:HC:U\,;1;;

Participate in special emphasis and focus inspections that requires the record review, surveillance and evaluation ofan air carrier's (passenger and cargo) standard operating procedures for hazardous materials. Provide expert technical assistance to Legal (Regional Counsel) on hazardous materials enforcement investigative reports. Attend and participate in all informal conferences with Regional Counsel and regulated parties to provide experttechnical assistance, review corrective action and represent the Security and Hazardous Materials Compliance and Enforcement Section. Routinely coordinate and collaborate with Regional Counsel on mitigating enforcement investigative reports. Review all Atlanta and Miami Hazardous Materials Agents civil penalty enforcement investigative reports to ensure hazardous materials allegations are substantiated through report writing and evidence. Assist hazardous materials agents in writing andgathering evidence for enforcement investigative reports. Review, evaluate, and disseminate discrepancy reports to hazardous materials agents. Respond and investigate incidents and discrepancy reports. Conduct interviews with regulated parties to ensure compliance with the regulation and or substantiate a violation. During inspections observe regulated parties performing hazardous materials functions and evaluate those functions for compliance ofthe regulations. Respond to external government agency request for Freedom ofInformation and Congressional requests. Frequently designated as Acting Branch Manager where I am responsible for attending weekly manager's meeting, respond to employee's needs, and provide a cohesive working environment by honestly communicating the responsibilities ofthe employee and the employerto meet the goals ofthe Office andAgency. Detailed to AtlantaField Office Managerwhere I was responsible for ensuringtime and attendance was completed in a timely manner. Approved telework for subordinates, assigned work to employees, oversaw incidents responses at the UPS, MEM, and FEDEX facilities. Provided assistance during the UPS Dubai crash, gathered information from UPS representatives and Flight Standards Office. Coordinatedand disseminated crash information between the Director ofJoint Security and Hazardous Materials Office, East and the Washington Office. Asthe Duty Officer, I respond to incidents related to hazardous materials andFAA government building security and FAA employees. ParticipateinAviation Education Program

- prepare andpresent presentations tohigh school, middle and elementary school students on careers in aviation. Communicate with local schools and assist with specials projects, i.e. Teacher ofthe Year, Science and Social Studies Fairs, etc. FA Club President

- Armually coordinate with all LOBs and coworkers to host annual picnic for all FAA employees in the metropolitan area Solicit ideas and suggestions to improve picnic. Solicit volunteers to assist in the cooking and coordination ofthe annual picnic. Collaborate with Regional Counsel onguidelines for employee activities in a government facility. Organize meetings with local venders to participate in annual picnic. During my detail to Disaster Response Program, I assisted the Program


### https://my.usajobs.gov/ Applicant/Resume/WorkExperience/O?last=Saved rage Lor J



### 12/6/2012

### USAJUHS

- Kesume Hmld.er- Work hxpenence

Manager with planning and implementing activities**relat~d**to the emergency preparedness and DOTdisasterresponse. Reviewed and edited plans, participated andcoordinatedwith all transportation stakeholders and attendedtraining and exercises. Reviewed and evaluated Woodward Academy's leadership program. Detailedto Civil Rights Office where I assisted in educating the AirTraffic Managers on Bullying in the Workplace and reviewedthe EEO regulations.
FederalAviation Administration 1701 ColumbiaAvenue College Park, GA United States Special Assistant Advise oncritical, complexorganizational planning and resource utilization issues that improve organization structure, manage policies, and work distribution. Formulate national managementpolicies and systems, and ensures proper andtimely implementation. Analyzehigh-visible national database such as EXIS, EIS, WebDG. Develop baseline performance measurements for these databases and compares performance. Incorporate analyses into project and program plans. Evaluate complex, national programs and policies and programs (hazmat, personnel, security, investigations, and facility security). In conjunction with ASH-50, conducts formal and ad hoctechnical and administrative evaluations. Assist in development, review and approval ofthe business and annual work plans. Representthe organization in dealings with officials ofthe FAA organizations, DOT, and otherprivate sector. Review and analyze various reports generated by field organizations.
FederalAviation Administration 07/2000-01/2002 1701 ColumbiaA'venue Hours perweek: 40 09/2007

- 1112007 Hours perweek: 40

College Park, GA United States Series: 1801 Pay Plan: FV Grade: H Freedom ofInformation Act (FOIA) Coordinator(This is a federaljob) Supervisor: DeborahKennedy (404-305-6830) Okay to contactthis Supervisor: Yes Reviewed and responded to external security request for information (FOIA, HOTLINES, Congressional and internal FAA agency requests)

.. ActingNational FOIA Coordinator for Security and Hazardous Materials Office (ACS-1). Reviewed all FOIA request for ACS-1 signature. Provided guidance to Regional FOIA Coordinators and ACS on applicable exemptions. Assisted in respondingto ACS's FOIA requests
FederalAviation Administration 1701 ColumbiaAvenue CollegePark, GA United States Program Analyst (This is a federaljob) Supervisor: Deborah Kennedy (404-305-6840) Okay to contactthis Supervisor: Yes Updated, extracted, compiled and analyzed datafrom databases for various activity reports (EIS, AAIRS). Participated in workgroups to study regulations, standards, manuals, and publications. Utilized and developed new administrative procedures to track daily activity (Budget andequipment). Assisted inthe preparation and application oftargeted activities; to include hazardous materials strike, dangerous goods and cargo security meetings. Processed trainingrequests for Dangerous Goods and Cargo Security agents. Established and maintained liaison with special agents and internal/external government agencies. Establish and maintained an efficient system to track reorts, incoming


### https:/**/my~**

### usajobs.govIApplicant!Resume/WorkExperience/O?last=Saved 08/1997-07/2000 Hours perweek: 40 Series: 0343 Pay Plan: FG 

### Page 3 of5

12/6/2012

### USAJOBS -ResumeBuilder- WorkExperience

Education: requests and outgoing correspondence (incidents, Congressional, FOIA, HOTLINES, etc.) Generated and evaluated financial reports from Lexis-Nexis and Dunn and Bradstreet. Prepared outgoing correspondence to external government officials. Interpreted, reviewed, approved, and issued IndirectAir Carrier Standard Security Program (IACSSP) for Indirect Air Carrier (lAC). Trained new employees are various national and local databases. Assisted in the development and implementation ofthe DG/CS Work Aids Manual to assit agent inunderstanding and accurately completingEIRs. Duty Officer- responded to security incidents in a timely and effective manner. Conducted assessments ofiACs. Assistedthe Cargo Program Manager inthe review ofair carriers hazardous materials programs. Provided daily guidance and supervision to StudentAid employee. Represented the FAA in conducting Outreach presentations toprivate industry. Participated in the Aviation Education Program

- participated in CareerDay and special projects and local schools. Georgia StateUniversityAtlanta, GA United States Bachelor's Degree 06/1996 Major: Criminal Justice Atlanta Metropolitan College Atlanta, GA United States Associate's Degree 06/1991 Job Related Training: 2012 Program Emerging Leader (PEL) graduate Safety Performance Analysis System Interactive Training for Aviation Safety Inspectors Safety Management Regulatory Hearings 2011 AviationHazmat Portals HazmatInvestigations Course 2010 Managerial Workforce PlanningPolicy Frontline Managers Course Transitioninginto Management Tools for Talking Things Out Emotionally IntelligentLeadership Team Building Workshop Managing Performance in the FAA Accountability BoardTraining for FAAManagers EEO PreventingDiscrimination Introduction to Labor Management Relations Conduct and Discipline: The Basics ofEthical Behavior Worklife Solutions ManagingLeave EmployementIssues Office ofWorkers Compensation Program Fundamentals ofFrontline Management

. Financial ManagementResponsibilities 2008 Interpersonal Skills for the Leadership Role 2007 Interpersonal Communication Skills for Business Principles ofPlainLanguage Handling Conflict with Others AirTransportation ofHazardous Materials Dealingwith Conflict in the Workplace


### https://my.usajobs.gov

### I Applicant!Resume/WorkExperience/O?last=Saved Page 4 of5

12/6/2012

### USAJUHS- Kesume Hmlder- worK hxpenence

References:

Additional Information: 2006 SituationalLeadership for Employees Air Transportation ofHazardous Materials Training Name Deborah Kennedy (*) Employer FAA Title ManagerHazardous Materials Branch Phone 404-305-6830 Robbin Holmes (*) LisaEvans (*) Stephanie Rubin CynthiaTurner(*) FAA FAA CDC Administrative Services 404-305-5544 Security Specialist 404-305-6875 Dekalb County School System (*) Indicates professional reference Equal Employment Opportunity Early Resolution Team Award LetterofAppreciation from ATLACE Camp Director 770-482-6699 404-402-1605



### https:/ 

### /my.usajobs.gov

### I Applicant!Resume/WorkExperience/O?last=Saved Page::> ot ::>

Email deborah.kennedy@faa.gov robbin.holmes@faa.gov**lisaevans~faa.gov**



### 12/6/2012

### eCFR- Code ofFederal Regulations Page 1 of2



### ELECTRONIC CODE OF FEDERAL REGULATIONS
e-CFR Data is current as of January 28, 2013

Title 49: Transportation PART 173-SHIPPERS-GENERAL REQUIREMENTS FOR SHIPMENTS AND PACKAGINGS Subpart A-General § 173.4 Small quantities for highway and rail. (a) When transported domestically by highway or rail in conformance with this section, quantities of Division 2.2 (except aerosols with no subsidiary hazard), Class 3, Division 4.1, Division 4.2 (PG II and Ill), Division 4.3 (PG II and Ill), Division 5.1, Division 5.2, Division 6.1, Class 7, Class 8, and Class 9 materials are not subject to any other requirements when- (1) The maximum quantity of material per inner receptacle or article is limited to- (i) Thirty (30) ml (1 ounce) for authorized liquids, other than Division 6.1, Packing Group I, Hazard Zone A or B materials; (ii) Thirty (30) g (1 ounce) for authorized solid materials; (iii) One (1) g (0.04 ounce) for authorized materials meeting the definition ofa Division 6.1, Packing Group I, Hazard Zone A orB material; and (iv) An activity level not exceeding that specified in§§ 173.421, 173.424, 173.425 or 173.426, as appropriate, for a package containing a Class 7 (radioactive) material. (v) Thirty (30) mlwater capacity (1.8 cubic inches) for authorized Division 2.2 materials. (2) With the exception oftemperature sensing devices, each inner receptacle: (i) Is not liquid-full at 55 

## oc (131 °F), and (ii) Is constructed of plastic having a minimum thickness of no less than 0.2 mm (0.008 inch), or earthenware, glass, or metal; (3) Each inner receptacle with a removable closure has its closure held securely in place with wire, tape, or other positive means; (4) Unless equivalent cushioning and absorbent material surrounds the inside packaging, each inner receptacle is securely packed in an inside packaging with cushioning and absorbent material that:(i) Will not react chemically with the material, and (ii) Is capable ofabsorbing the entire contents (ifa liquid) ofthe receptacle; (5) The inside packaging is securely packed in a strong outer packaging; (6) The completed package, as demonstrated by prototype testing, is capable of sustaininghttp://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&SID=dadfc6el071789 

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### eCFR- Code ofFederal Regulations Page2 of2
(i) Each ofthe following free drops made from a height of 1.8 m (5.9 feet) directly onto a solid unyielding surface without breakage or leakage from any inner receptacle and without a substantial reduction in the effectiveness ofthe package: (A) One drop flat on bottom; (B) One drop flat on top; (C) One drop flat on the long side; (D) One drop flat on the short side; and (E) One drop on a corner at the junction ofthree intersecting edges; and (ii) A compressive load as specified in § 178.606(c) ofthis subchapter.
NOTE TO PARAGRAPH (a )(6): Each of the tests in paragraph (a)(6) of this section may be performed on a different but identical package; i.e. , all tests need not be performed on the same package. (7) Placement ofthe material in the package or packing different materials in the package does not result in a violation of§ 173.21; (8) The gross mass ofthe completed package does not exceed 29 kg (64 pounds); (9) The package is not opened or otherwise altered until it is no longer in commerce; and (1 0) The shipper certifies conformance with this section by marking the outside 6fthe package with the statement "This package conforms to 49 CFR 173.4 for domestic highway or rail transport only." (b) A package containing a Class 7 (radioactive) material also must conform to the requirements of§ 173.421(a)(1) through (a}(5) or§ 173.424(a) through (g), as appropriate. (c) Packages which contain a Class 2 (other than those authorized in paragraph (a) ofthis section), Division 4.2 (PG 1), or Division 4.3 (PG I) material conforming to paragraphs (a)(1) through (10) ofthis section may be offered for transportation or transported if approved by the Associate Administrator. (d) Lithium batteries and cells are not eligible for the exceptions provided in this section. [74 FR 2253, Jan. 14, 2009, as amended at 75 FR 5393, Feb. 2, 201 0; 76 FR 3368, Jan. 19, 2011]

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### http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&SID=dadfc6e1 071789258264d85d4efde07d... 1/30/2013