Rule: Air Carrier Certification and Operations: Hazardous Materials Training Requirements

Friday,
October 7, 2005
Part II
Department of
Transportation
Federal Aviation Administration
14 CFR Parts 119, 121, 135, and 145

Hazardous Materials Training
Requirements; Final Rule
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58796 Federal Register / Vol. 70, No. 194 / Friday, October 7, 2005 / Rules and Regulations
DEPARTMENT OF TRANSPORTATION amendment number or docket number RSPA—Research and Special Programs
of this rulemaking. Administration (now the Pipeline and
Federal Aviation Administration Hazardous Materials Safety
Anyone is able to search the Administration)
electronic form of all comments SFAR—Special Federal Aviation Regulation
14 CFR Parts 119, 121, 135, and 145 received into any of our dockets by the TRF—Transport-related function, i.e., any
name of the individual submitting the function performed for the certificate
[Docket No.: FAA–2003–15085; Amendment
Nos. 119–10, 121–316, 135–101, 145–24] comment (or signing the comment, if holder relating to the acceptance, rejection,
submitted on behalf of an association, storage incidental to transport, handling,
RIN 2120–AG75 business, labor union, etc.). You may packaging of COMAT, loading, of items for
review DOT’s complete Privacy Act transport on board an aircraft
Hazardous Materials Training TSA—Transportation Security
statement in the Federal Register of Administration
Requirements April 11, 2000 (65 FR 19477–19478), or UPS—United Parcel Service
you may visit http://dms.dot.gov. USPS—United States Postal Service
AGENCY: Federal Aviation
Administration (FAA), DOT. Small Business Regulatory Enforcement Will-carry operator—An operator authorized
in its operations specifications to carry
ACTION: Final rule. Fairness Act hazmat
The Small Business Regulatory Will-not-carry operator—An operator
SUMMARY: The Federal Aviation prohibited in its operations specifications
Administration (FAA) is amending its Enforcement Fairness Act (SBREFA) of
from carrying hazmat that meets the
hazardous materials (hazmat) training 1996 requires the FAA to comply with definition of a hazardous material under
requirements for certain air carriers and small entity requests for information or the HMRs
commercial operators. In addition, the advice about compliance with statutes
and regulations within its jurisdiction. If Table of Contents
FAA is requiring that certain repair
you are a small entity and you have a I. The Proposed Rule
stations provide documentation II. Background
showing that persons handling hazmat question regarding this document, you
may contact the local FAA official, or III. Statutory Authority
for transportation have been trained, as IV. Overview of Changes in the Final Rule
required by the Department of the person listed under FOR FURTHER
V. Discussion of Public Comments
INFORMATION CONTACT. You can find out
Transportation’s Hazardous Materials V.1. General
Regulations (HMRs). The FAA is more about SBREFA on the Internet at V.2. Transition Period
updating its regulations because hazmat http://www.faa.gov/ V.3. Clarification of Supervisory Training
transportation and the aviation industry regulations_policies/rulemaking/ Requirements
sbre_act/. V.4. Constructive Knowledge
have changed significantly since the V.5. Applicability/Transport-Related
FAA promulgated its hazmat regulations Terms and Abbreviations Frequently Function (TRF)
over 25 years ago. The rule will set clear Used in This Document V.6. New Hire/New Job Function
hazmat training standards and ensure V.7. Persons Working for More Than One
uniform compliance with hazmat Note: For the purposes of this rulemaking Certificate Holder
training requirements. the terms ‘‘air carrier,’’ ‘‘operator,’’ ‘‘air V.8. Recurrent Training
operator,’’ ‘‘carrier,’’ and ‘‘airline’’ are used V.9. Notice to Repair Stations
DATES: Effective Date: November 7,
synonymously to refer to part 121 or part 135 V.10. Foreign Locations
2005. SFAR Expiration Date: February operators. The term ‘‘hazardous material’’ is V.11. Recordkeeping Requirements
7, 2007. Compliance Date: February 7, used synonymously with ‘‘dangerous goods.’’ V.11.A. Location
2007. V.11.B. Content
AC—Advisory Circular
V.12. Proposed Appendix N (Adopted as
FOR FURTHER INFORMATION CONTACT: ALPA—Air Line Pilots Association
Appendix O)
Janet McLaughlin, Office of Hazardous ATA—Air Transport Association of America,
V.13. Training Method
Materials, ADG–1, Federal Aviation Inc.
V.14. Single-Pilot Operations
Administration, 800 Independence COMAT—Material owned or used by a
V.15. Repair Stations (Part 145)—General
Ave., SW., Washington, DC 20591; certificate holder, commonly referred to as
V.16. Application for Part 145 Certificate
‘‘company material.’’ Material is only
telephone (202) 267–8434. considered COMAT in transportation if it
V.17. Notification of Hazardous Materials
SUPPLEMENTARY INFORMATION: Authorizations
is being transported on the operator’s own
VI. Section-by-Section Discussion of the
aircraft.
Availability of Rulemaking Documents Final Rule
Hazmat—Hazardous material
VII. Rulemaking Analysis and Notice
You can get an electronic copy using HMRs—Department of Transportation’s VII.1. Paperwork Reduction Act
the Internet by: Hazardous Materials Regulations found in VII.2. International Compatibility
(1) Searching the Department of 49 CFR parts 171 through 180 VII.3. Economic Evaluation Summary
ICAO—International Civil Aviation
Transportation’s electronic Docket VII.4. Regulatory Flexibility Determination
Organization VII.5. International Trade Impact
Management System (DMS) Web page ICAO TI—International Civil Aviation
(http://dms.dot.gov/search); Assessment
Organization Technical Instructions for the VII.6. Unfunded Mandates Assessment
(2) Visiting the Office of Rulemaking’s Safe Transport of Dangerous Goods By Air VII.7. Executive Order 13132, Federalism
Web page at http://www.faa.gov/avr/ IATA—International Air Transport VII.8. Environmental Analysis
arm/index.cfm; or Association VII.9. Regulations That Significantly Affect
(3) Accessing the Government IATA DGR—International Air Transport Energy Supply, Distribution, or Use
Printing Office’s Web page at http:// Association Dangerous Goods Regulations
www.gpoaccess.gov/fr/index.html. NATA—National Air Transportation I. The Proposed Rule
You can also get a copy by submitting Association
On May 8, 2003, the FAA published
NPRM—Notice of Proposed Rulemaking
a request to the Federal Aviation NTSB—National Transportation Safety Board a notice of proposed rulemaking
Administration, Office of Rulemaking, PHMSA—Pipeline and Hazardous Materials (NPRM) on hazardous material training
ARM–1, 800 Independence Avenue Safety Administration (formerly the requirements for certain air carriers,
SW., Washington, DC 20591, or by Research and Special Programs commercial operators, and repair
calling (202) 267–9680. Identify the Administration) stations (68 FR 24810). In that NPRM,
Federal Register / Vol. 70, No. 194 / Friday, October 7, 2005 / Rules and Regulations 58797
the FAA proposed to amend the manual clarifies that the term ‘‘supervise’’ only part 135 operator’s status. This
and hazmat training regulations in parts applies to those persons who have requirement is intended to be the
121 and 135 to incorporate most of the direct supervision over the job functions companion requirement to the proposed
guidance that is currently contained in performed. notification requirement for part 121
Advisory Circulars (ACs). In addition, Consistent with the NPRM, the final and part 135 operators. In the final rule
the FAA proposed to add requirements rule establishes a two-pronged training the FAA amends the proposed provision
for part 145 repair stations so that the program—one for part 121 and part 135 to require the repair station verify
FAA could increase its oversight of the operators electing to transport hazmat receipt of the notification and
hazmat training that repair stations are (will-carry certificate holders), and the communicate this status to its
required to conduct under 49 CFR part other for part 121 and part 135 operators employees, contractors, or
172. electing not to transport hazmat (will- subcontractors that handle or replace
The comment period for the NPRM not-carry certificate holders). Will-carry aircraft components or other items
originally was scheduled to close July 7, certificate holders will have to conduct regulated by 49 CFR parts 171 through
2003, but was extended to September 5, in-depth training for persons directly 180 prior to performing work for, or on
2003 in response to public requests. See supervising or performing any of the behalf of the part 121 or part 135
notice of extension of comment period following job functions involving items operator.
published in the Federal Register on for transport on aircraft—acceptance,
July 7, 2003 (68 FR 40206; July 7, 2003). rejection, handling, storage incidental to III. Statutory Authority
The FAA received approximately 70 transport, packaging of company The FAA has broad statutory
comments on the NPRM, many of which materials owned or used by the authority to regulate for aviation safety.
raised concerns with some aspects of certificate holder (known as COMAT), Specifically, the FAA has authority
the proposal. and loading. (Henceforth this list will be under 49 U.S.C. 44701(a)(5) to prescribe
referred to as a transport-related ‘‘regulations and minimum standards
II. Background for other practices, methods, and
function (TRF).) Will-not-carry
As discussed in the preamble of the certificate holders will be required to procedures the Administrator finds
NPRM, hazmat transportation conduct training sufficient to enable the necessary for safety in air commerce and
regulations have changed since persons directly supervising or national security.’’ Also, 49 U.S.C.
regulations for hazmat training were performing a TRF to identify material 44701(b)(1) states ‘‘Prescribing
first adopted over 25 years ago. The marked or labeled as hazmat, or material Minimum Safety Standards.—The
Department of Transportation (DOT) that is not marked or labeled as hazmat Administrator may prescribe minimum
implemented the Hazardous Materials but possesses indicators that it might safety standards for—(1) an air carrier to
Regulations (HMRs), 49 CFR parts 171 contain hazmat. Some possible whom a certificate is issued under
through 180 (41 FR 15972; April 15, indicators of hazmat include a hazard section 44705 of this title; * * *.’’ In
1976), in part to address changes label or caution statement on the addition, the FAA is required to carry
following deregulation of the airline package with no accompanying out its duties in a way that ‘‘best tends
industry in the 1970s. DOT regulations shipping documentation, a notation to reduce or eliminate the possibility or
govern the domestic transportation of such as ‘‘flammable paint,’’ without recurrence of accidents in air
hazmat by all modes of transport. The proper shipping paper declarations or transportation’’ (49 U.S.C. 44701(c)).
international aviation community relies labels or markings.
on the International Civil Aviation The FAA also proposed to add IV. Overview of Changes in the Final
Organization (ICAO) to set the standards requirements for part 145 repair stations Rule
for the safe transport of dangerous goods that would increase oversight of In response to public comments, the
by air. These standards are contained in compliance with DOT hazmat training FAA is making the following changes in
the ‘‘Technical Instructions for the Safe regulations. The FAA proposed that, at the final rule (discussed in detail under
Transport of Dangerous Goods by Air’’ the time of application for a part 145 ‘‘VI. Section-by-Section Discussion of
(ICAO TI). The ICAO TI also establishes certificate or rating, a repair station the Final Rule’’)—
hazmat training standards for air would have to certify to the FAA that • Clarifying that the term ‘‘transport-
operators. all hazmat employees, as defined in 49 related function (TRF)’’ is merely a
In the past, the FAA has used ACs as CFR 171.8, are trained under the HMRs, shorthand reference used in the NPRM
a way of helping air carriers and and that it is otherwise in compliance preamble and the final rule preamble to
operators comply with the hazmat with the hazmat training requirements refer to the list of covered job functions
training requirements in the DOT of the HMRs. This final rule modifies contained in §§ 121.1001 (proposed as
HMRs. Information contained in ACs is that proposal to require repair stations §§ 121.801) and 135.501. This term, as
not mandatory; it is advisory. This rule to submit a certification to the FAA that amended in the final rule preamble, is
will incorporate existing guidance all hazmat employees are trained under used to avoid repeating the list
documents into regulations that can be the HMR prior to the FAA issuing a ‘‘acceptance, rejection, storage
uniformly enforced. certificate, not at the time of incidental to transport, handling,
The proposed rule identified persons application. packaging of COMAT (company
working for, or on behalf of the part 121 In addition, the FAA proposed to material) and loading of items for
or part 135 operator who would need to amend part 145 by adding a requirement transport on board an aircraft.’’ The
receive hazmat training by the nature of that repair stations notify each of its FAA did not intend for the term to
the job description they hold or workers of the will-carry or will-not- extend beyond the list of covered job
supervise. As used in the NPRM, the carry status of the part 121 or part 135 functions. The term transport-related
term ‘‘supervise’’ was intended to mean operators for which the repair station function is not a separate regulatory
more than just being a designated works. In the final rule the FAA adopts term so it is not defined in the
supervisor. It was meant to include this requirement with some regulations.
individuals with any degree of direct amendments. This notification would • Removing the terms ‘‘unloading’’
oversight over a function addressed by have to be done as soon as the repair and ‘‘carriage’’ from the list of covered
the proposed rule. This final rule station is informed of the part 121 or job functions proposed in §§ 121.801
(adopted as § 121.1001) and 135.501. Appendix O of part 121, provided there V. Discussion of Public Comments
The term ‘‘unloading’’ is removed is an opportunity for trainees to interact
V.1. General
because it is not a job function that with an instructor to answer all
needs to be addressed through the questions prior to certifying completion Comments
FAA’s hazmat training program, since of the training. Interaction may be in Both Ameristar Air Cargo and
the item is being removed from the person or via telecommunications Express.Net Airlines commented that
aircraft and thus would not pose a connection (e-mail, telephone, etc). the proposed dispatcher training should
danger to the aircraft. If an item is • Amending the recordkeeping also apply to anyone who performs a
subsequently loaded onto an aircraft, a similar function (i.e., flight following or
provisions of §§ 121.1007 (proposed as
trained person would have to perform flight locating). Ameristar stated that,
§ 121.804) and 135.507 to permit hazmat
the loading function. Based on ‘‘flight followers perform the function of
training records to be maintained
comments from industry, the FAA
electronically and off-site as long as operational control on behalf of the
believes it could be confusing to include
they can be transmitted to a worker’s Director of Operations and should be
the term ‘‘carriage’’ in the list of covered
place of work upon request. required to have some training in regard
job functions in § 121.1001 and
• Harmonizing the requirements for to their duties associated with the
§ 135.501. The term ‘‘carriage’’ is
the content of hazmat training records transport of hazardous materials.’’
removed. The FAA does not believe the
removal of this term to be significant with the Pipeline and Hazardous FAA Response
because all of the terms covered by Materials Safety Administrations’s The requirement for hazmat training
carriage are already listed as covered (PHMSA’s) HMR, the ICAO TI, and the is determined by the employee’s job
functions. IATA DGR requirements. The FAA is function as specified in §§ 121.1001 and
• Closely aligning the training deleting the requirement that the 135.501, not the job description. If the
modules in Appendix O (proposed as training records contain a statement person performing the job description of
Appendix N) of part 121 with the signed by a person designated by the aircraft dispatcher, flight instructor or
standards in the 2005 edition of the Director of Training. check airman also performs a job
ICAO TI and the IATA DGR. This will
• Removing the specific references to function identified in § 121.1001 or
allow for workers to be trained in
‘‘aircraft dispatcher,’’ ‘‘flight instructor,’’ § 135.501, he or she must complete the
accordance with the job function they
and ‘‘check airman’’ in Tables 1 and 2 applicable portion of the part 121 or
perform for part 121 or part 135
operators. The final rule does not in Appendix O of part 121 (proposed as part 135 operator’s approved hazmat
prescribe exactly how each worker is to Appendix N). The type of hazmat training program. Crewmembers have
be trained. To this end, the FAA is training an employee receives is based specific training requirements in
removing the training ‘‘modules’’ and on the job functions he or she performs Appendix O, regardless of the other
specifying minimum aspects of training for, or on behalf of the part 121 or part functions they perform relating to cargo
for different job functions. The part 121 135 operator, not his or her job onboard the aircraft. A person
and part 135 operators will still be description. performing any job function listed in
responsible for assessing the breadth • Clarifying that part 145 repair § 121.1001 or § 135.501 must meet the
and depth of each worker’s training station personnel are required to be same requirement whether specifically
needs based on his or her job functions. trained to a part 121 or part 135 listed in the current § 121.401 or
• Modifying proposed §§ 121.801 operator’s hazmat program only when § 135.323. The reference to pilots, flight
(adopted as § 121.1001) and 135.501 they are performing or directly engineers, flight attendants and
that would have required hazmat supervising a job function listed in dispatchers in proposed Appendix N
training to apply to all persons involved § 121.1001 or § 135.501, for or on behalf has been amended in the final rule. This
in supervising a hazmat job function. In of that part 121 or part 135 operator, appendix, adopted as Appendix O,
the final rule, the FAA is limiting including the aircraft loading function. identifies training associated with
hazmat training to ‘‘direct’’ supervisors. The repair stations that meet the applicable job functions and is closely
This amendment eliminates the need to definition of a ‘‘hazmat employer’’ (49 aligned with the 2005 edition of the
train persons up the supervisory chain CFR 171.8) must meet existing training ICAO TI and the International Air
who are not actively engaged in job requirements under 49 CFR part 172 Transport Association Dangerous Goods
functions that require hazmat training. subpart H. Regulations (IATA DGR). Dispatcher
• Amending the recurrent hazmat training is currently referenced in
training requirement currently • Requiring that a part 145 certificate §§ 121.401(a)(1) and 135.323(a)(1). In
contained in 121.401 and 135.323 by holder inform employees, contractors, the final rule the FAA is amending these
relocating it to §§ 121.1001 and 135.501 or subcontractors that handle or replace sections only to remove the reference to
and amending the annual retraining aircraft components or other items hazardous materials training. The
cycle to a 24-month cycle. This change regulated by 49 CFR parts 171 through hazmat training requirements are
is consistent with the International Civil 180 of the will-carry or will-not-carry relocated in 14 CFR subpart Z of part
Aviation Organization’s Technical status of the part 119 certificate holders 121 and subpart K of 135. However, the
Instructions on the Safe Transport of for which it performs work. other training requirements referenced
Dangerous Goods (ICAO TI) and the • Amending the final rule to require by §§ 121.401 and 135.323 remain
International Aviation Transport that the repair stations certify to the unchanged. The requirement for each
Association’s Dangerous Goods FAA that they comply with 49 CFR crewmember, aircraft dispatcher, flight
Recommendations (IATA DGR) and hazmat training requirements (if instructor and check airman to be
(JAROPS) requirements. applicable) prior to the FAA’s issuance adequately trained to perform his or her
• Clarifying that computer-based of a part 145 certificate or rating. This duties other than hazmat job functions
training (CBT) and distance-learning requirement will replace the proposed must be retained in § 121.401(a)(1) and
techniques, such as interactive video requirement that a repair station provide § 135.323(a)(1) to maintain the
training, are acceptable means for this certification upon application for a requirements for flight and proficiency
satisfying the training specified in certificate. training identified in Appendixes E and
F. This requirement is not changed in a trained individual as a potential for training non-hazmat employees. UPS
this rulemaking. hazmat shipment, even though it is not commented that the FAA has not
properly prepared for shipment or is articulated ‘‘a reasonable basis for
Comments
shipped undeclared. The FAA requiring a certificate holder to provide
The Air Transport Association of recognizes that not all improperly hazardous materials training to
America, Inc. (ATA) stated that the FAA shipped hazmats or undeclared hazmats employees who do not perform or
should address non-compliance such as may be discoverable, even by a trained supervise any functions regulated under
that brought to light in the ValuJet individual. the HMR or who do not otherwise
accident, through appropriate Additionally, the FAA notes that directly affect hazardous materials
enforcement. Other commenters noted outreach to the aviation industry and transportation safety.’’
that the NPRM imposes additional public education has not been effective
training requirements on carriers, when FAA Response
in eliminating the problem of improper
the FAA could far more effectively shipments of oxygen generators. Since The FAA has broad statutory
reduce undeclared and improperly the Valujet tragedy in 1996, the FAA has authority to regulate for aviation safety.
declared hazmat by improving public investigated both operators and repair Specifically, the FAA has authority
education efforts towards shippers who stations and has documented over 60 under 49 U.S.C. 44701(a)(5) to prescribe
offer hazmat for air transportation. instances of improperly transported ‘‘regulations and minimum standards
oxygen generators for which the FAA is for other practices, methods, and
FAA Response
collecting over $3 million in civil procedures the Administrator finds
The FAA uses the enforcement penalties. Oxygen generators are a key necessary for safety in air commerce and
process to address issues of piece of equipment used in the aviation national security.’’ Also, 49 U.S.C.
noncompliance with FAA and DOT industry and are often shipped as 44701(b)(1) states ‘‘Prescribing
regulations and will continue to do so. COMAT without complying with DOT’s Minimum Safety Standards.—The
Since 2000, FAA Hazardous Material hazmat regulations. Administrator may prescribe minimum
Specialists have inspected over 8,000 The FAA also has been actively safety standards for—(1) an air carrier to
shipping companies and conducted over engaged in enforcing the hazmat whom a certificate is issued under
2,000 visits to shipper facilities, trade regulations. It has collected over $6 section 44705 of this title; * * *.’’ In
associations and various conferences to million in hazmat civil penalties for addition, the FAA is required to carry
educate and inform shippers of their violations from U.S.-certificated air out its duties in a way that ‘‘best tends
responsibilities under the HMRs. carriers from 2000 to 2003. One part 121 to reduce or eliminate the possibility or
However, even with this public operator pled guilty in September 2003, recurrence of accidents in air
education campaign, the FAA has to willfully not providing required transportation’’ (49 U.S.C. 44701(c)).
initiated 222 investigations for Consistent with its statutory
hazmat information to its pilots.
accepting hazardous materials authority, the FAA has previously
Another part 121 operator entered into
improperly from January 2000 to required hazmat training for non-hazmat
a plea agreement with the U.S. Attorney
December 2003. These investigations employees working for part 119
for the Southern District of Florida in
include both instances where hazmats certificate holders operating under part
December 1999, which included agreed-
were improperly labeled/marked or 135. (See 38 FR 14914; June 7, 1973.)
to ‘‘statement of facts’’ describing
packaged, and instances where material The FAA believes that prior and current
hazmat infractions. One repair station
was shipped undeclared and later found hazmat enforcement actions and
was convicted of willfully not providing
to be hazmat. Taking into account that accidents by will-not-carry operators
hazmat training in 1999.
noncompliance with the regulations transporting hazmat demonstrate the
continues despite the FAA’s current Comment need for will-not-carry training.
training requirements and public ATA commented that the NPRM Additionally, the FAA notes that the
education efforts, the FAA has adopted would not improve safety and is broader industry’s own International Air
the revised training rules to improve the than necessary to address the primary Transport Association’s (IATA’s)
hazmat training program given to those safety objective cited—prevention of Dangerous Goods Regulations paragraph
individuals performing the job functions another ValuJet-type accident caused by 1.5.0.1 states that the ICAO TI and IATA
listed in §§ 121.1001 and 135.501. The inadequately trained contractors. DGR include training for persons with
FAA believes that a hazmat training various responsibilities in processing
requirement that includes clearly FAA Response cargo (not necessarily involving
enforceable hazmat recognition training Valujet was a will-not-carry part 121 dangerous goods). Thus, given our
for both will-carry and will-not-carry operator, thus the oxygen generators expertise and that the aviation
certificate holders is a critical step should never have been placed on board industry’s own representatives have
towards reducing the number of a Valujet aircraft for shipment as cargo. determined such training is important,
improperly prepared or undeclared The FAA did not have any enforceable the FAA is including it in this change.
shipments. Recognition training for hazmat training requirements for part
will-not-carry certificate holders is Comment
121 will-not-carry certificate holders.
currently administered in accordance This final rule corrects that deficiency. Several commenters addressed the
with advisory material; thus there are no The commenter is correct that this rule need to regulate or certify the hazmat
regulatory standards. Enforceable addresses issues and concerns training companies providing training
hazmat training standards serve the dual discovered through our oversight that under this rule. Express.Net Airlines
purpose of establishing a mandatory are broader than the issues raised by the stated that ‘‘regulation should mandate
hazmat training program with uniform ValuJet accident. a skill level for instructors in the same
requirements, and reducing the manner the regulation mandates skill
potential that ‘‘discoverable’’ hazmat Comment level for management personnel
shipments will move undetected. A United Parcel Service (UPS) required for operations conducted under
‘‘discoverable’’ hazmat shipment is a challenged the FAA’s statutory parts 121 and 135 from Part 119.65.’’
shipment that is likely to be flagged by authority to promulgate requirements Express.Net believed that the FAA
should have a program that sets forth questions prior to certifying completion the COMAT is a hazardous material, it
the basic knowledge a person should of the training. E-mail is an acceptable may be carried only by a will-carry
possess before providing hazmat means of communicating and certificate holder. A will-carry
instruction. Express.Net noted that the responding to questions. certificate holder may choose to limit its
European community requires operators acceptance and transport of hazardous
Comment
that load, unload or transport dangerous materials to COMAT only; however, the
goods to have a person in the position UPS asked that the FAA confirm in company makes this decision. The
of Dangerous Goods Safety Advisor. any subsequent notice that operators certificate holder is considered a ‘‘will-
COSTHA commented that the NPRM only need to submit an outline of their carry’’ operator, and the will-carry
should be amended to assess, monitor proposed training programs rather than training program applies.
and certify professional schools that the actual training curriculum.
would be authorized to provide hazmat Comment
FAA Response ATA noted that the procedures for
training. It urged the FAA to amend the
NPRM to state that in lieu of developing Section 121.401(a)(1) applies to all handling dangerous goods, once the
an in-house training program, carriers training as currently written, including Transportation Security Administration
(both will-carry and will-not-carry), hazmat. Once the final rule is fully (TSA) finds them, are currently under
repair stations and any other person effective, § 121.401(a)(1) will only apply active discussion between the TSA and
affected by the regulations would be in to training other than hazmat training. the carriers. The commenter went on to
compliance by completing a training New §§ 121.1003 (proposed as say that it is unclear what role carrier
program offered by a FAA-certified § 121.802) and 135.503 will contain the employees will have in handling such
hazmat training company. hazmat training requirement. As part of goods, or whether that responsibility
the hazmat training requirement, part will be handled completely or partially
FAA Response 121 and part 135 operators are required by a third-party contractor. ATA urged
The comment suggesting that FAA to obtain FAA approval of the hazmat the FAA to reconsider the need for any
establish standards for instructors or training program. The current practice additional training for carrier personnel
instructional schools is outside the of submitting an outline sufficient to who check-in passengers and luggage,
scope of this rulemaking. Additionally, provide an overview of the training and ensure that the rule takes into
the comment suggesting a new required program will suffice for purposes of account ongoing developments in the
position for operators is also outside the approval, unless it is necessary to see TSA’s role.
scope of this rulemaking. the full hazmat training program to FAA Response
understand the curriculum.
Comment In drafting the final rule the FAA was
The overwhelming majority of the Comment cognizant of Pipeline and Hazardous
part 121 and part 135 operators The Air Line Pilots Association Materials Safety Administration
requested flexibility in designing and (ALPA) urged the FAA to clarify a (PHMSA) (formerly Research and
determining curriculum, determining concept called ‘‘will-not-accept’’ that is Special Programs Administration
the depth of training required for the different than ‘‘will-not-carry.’’ ALPA (RSPA)) and TSA activities in the area
function the individual employee believed that the two concepts are of hazmat transport by aircraft. On
performs, the method of delivery, length different because ‘‘will-not-carry’’ February 28, 2003, RSPA (now PHMSA)
of training and method of testing. means no hazmat is allowed on the issued a ‘‘Formal interpretation of
aircraft, while ‘‘will-not-accept’’ would regulations’’ (68 FR 9735) clarifying that
FAA Response hazmat regulations apply to carry-on
allow carriers to carry their own hazmat
The FAA recognizes that part 121 and as COMAT from point to point on their and checked baggage. Additionally, the
part 135 operators require flexibility to aircraft, but they would not be able to RSPA interpretation specifically
accomplish the required hazmat accept hazmat shipments from outside identified the point at which the carry-
training. The FAA notes that it is the entities. ALPA believed that clarifying on baggage has been offered by the
part 121 and part 135 operators’ the three levels of classification (will- passenger for transportation and the
responsibility to ensure that the type, not-carry, will-not-accept, and will- point at which checked baggage has
duration and delivery method of carry) would be useful in allowing a been accepted by the airlines for
training is adequate and appropriate for carrier to develop a training program transportation. Carry-on baggage
each worker. The approved hazmat that would meet the needs of its (including items on his/her person) is
training program may be provided by operation. considered offered for transportation
company training programs, computer when the passenger tenders the baggage
based programs, self-guided compact FAA Response to screening personnel at an airport
disk (CD) training programs, outside The FAA only proposed will-carry security screening checkpoint or
training firms or consultants, or any and will-not-carry hazmat training. The otherwise attempts to proceed through
other type of organization offering part 119 certificate holder’s operations the checkpoint with the hazardous
training that meets the objective training specifications will either include an material on his or her person. A
requirements. Hazmat training may be authorization permitting the certificate passenger offers carry-on baggage for
provided by the operator or other public holder to handle and transport hazmat transportation, and represents it as fit
or private sources, including training (will-carry certificate holder) or a for moving by aircraft, when the baggage
classes that are offered by the IATA to prohibition against handling and is placed on the X-ray machine
the extent that the IATA training transporting hazmat (will-not-carry conveyer belt, handed to the baggage
addresses the training specified in the certificate holder). There are no other screening personnel, or placed in a bin
FAA-approved hazmat training options. Officially, the FAA has never or tray for examination by screening
program. This FAA final rule will endorsed a concept called ‘‘will-not- personnel, or when the passenger
require that, regardless of the teaching accept’’ that would allow carriers physically passes through the security
method used, the operator must provide classified as will-not-carry certificate checkpoint with the baggage (including
a method to respond to students’ holders to carry hazmat as COMAT. If items on his or her person). Carry-on
baggage is accepted by an air carrier both passenger and cargo air carriers. Comment
when the airline accepts the boarding The final rule does not change this fact. The Regional Airline Association
pass of the passenger while boarding the (RAA) noted that after the Valujet
Comments
flight. The passenger is responsible for accident the FAA invested heavily in
ensuring compliance for carry-on Integrated cargo carriers like UPS and the Air Transportation Oversight System
baggage with the HMR from the point of FedEx Express were concerned that the (ATOS), which is an FAA oversight
offer and at all times until proposals were drafted so broadly that, process that assesses an airline’s safety
transportation is complete. literally interpreted, they could require attributes beyond strict regulatory
Checked baggage is offered to the training of drivers in the carriers’ compliance. RAA stated that ATOS was
carrier at the point the passenger ground operations. These carriers were intended to raise the level of safety in
presents the baggage for acceptance by concerned because their ground the industry without additional
the carrier. This can occur at curbside operations have not been covered under regulations. RAA then questioned
check-in, at the ticket counter at the the FAA’s training requirements in the whether this proposal and the Part 60
airport, or when the passenger presents past, although they are subject to proposal to codify extensive advisory
the bag to screening personnel for PHMSA’s hazmat training requirements. material are a step back from the FAA’s
explosive detection screening as a UPS and FedEx note that ground earlier commitment to the ATOS
prerequisite to presentation to the operations may well be outside the concept. RAA asked whether all of the
carrier. When the baggage is tendered at jurisdiction of the FAA. The commenter FAA’s advisory and field policy
curbside check-in or the ticket counter added that if the FAA intended the materials will be codified.
to the air carrier, the baggage is proposals to extend to those drivers, the
considered to have been accepted when costs of the additional training time FAA Response
the air carrier issues a baggage claim would be enormous, with no The FAA codifies voluntary standards
ticket for the checked baggage. commensurate safety benefit. Moreover, when it believes it is in the best interest
Given the various points at which such coverage could conflict with the of safety to do so. In this case,
baggage is considered offered for jurisdiction of other Federal agencies, hazardous materials are of significant
transport, and the varied types of and it would be problematic if FAA concern in air transportation because of
workers that might accept baggage, it is approval were required for a small the potentially devastating
critical that certificate holder’s workers portion of an otherwise extensive consequences in the event of an
receive the proper hazmat training so training process used to qualify drivers accident due to an improperly
that baggage can be properly screened. for their duties on-road. transported hazmat.
At the time of this writing, TSA checked FAA Response V.2. Transition Period
baggage screeners are instructed to point
out possible unauthorized hazmat items Fed Ex and UPS are part 121 Comments
discovered in baggage to airline operators and both accept many types of AmAv, Inc., ATA, and UPS voiced
representatives so the airline hazmat for air transportation as well as concern that 15 months may not be
representatives can determine if the transportation by rail and motor vehicle. enough time to develop the training
items can be transported under the The key to determining whom to train program and have it approved by the
hazmat regulations. The certificate is to delineate which party is FAA. In particular these commenters
holder must report any unauthorized responsible for accepting a package for were concerned about what to do if the
hazmat discovered in checked baggage air transportation. This fact is consistent Principal Operations Inspector (POI) is
to the FAA under PHMSA’s rules at 49 with current regulations. If a part 121 or not able to complete a review and
CFR 175.31. In order for a worker to be part 135 operator’s truck drivers are approval of the program within the
capable of performing this job function, accepting property for air specified time frame. AmAv, Inc. also
he or she must have completed hazmat transportation, they must be trained in noted that having the POI approve the
training. accordance with this rule. However, if program would be a substantial increase
another employee performs that job in workload and some Flight Standards
Comments
function for the part 121 or part 135 District Offices (FSDOs) are already
The National Transportation Safety operator, then the truck driver would overburdened and understaffed. UPS
Board (NTSB) commented that in May not have to be trained in accordance said that a certificate holder’s current
1996, it issued Safety Recommendation with this rule. For instance, a truck training program should remain in effect
A–96–26, which called for the FAA to driver who is required to perform the pending the FAA’s approval of the
require air carriers to revise as necessary function of acceptance of a package for revised training program.
their practices and training for accepting air transport would have to be trained
passenger baggage and freight for performing that function. This is the FAA Response
shipments, and for identifying same requirement as for a person at the The commenters raised several
undeclared or unauthorized hazardous sort facility performing the same concerns that demonstrated some
materials that are offered for transport. function. In this case, if the truck driver misunderstanding about the proposed
The NTSB voiced concern that the is not responsible for performing the rule. First, the POI will not be approving
proposed training requirements would acceptance of a package for air Hazardous Material Programs that
apply only to passenger air carriers. The shipment, and the certificate holder was include hazmat training. POIs will
NTSB urged the FAA to apply the relying on the truck driver to accept the continue to approve the general
training requirements to cargo carriers package for only motor vehicle operator’s training program covered by
and cargo-only operations too. transport, then the truck driver does not § 121.401 or § 121.135. With regard to
need to be trained in the certificate hazmat training, the POI will ‘‘receive’’
FAA Response
holder’s program. It is the function the training program information from
The FAA has contacted the NTSB and being performed or directly supervised part 121 and part 135 operators and
informed them that the proposed that mandates the training requirement, submit it for review to the appropriate
training requirements would apply to not the job designation. Regional Hazardous Material Branch
Manager in the FAA’s Regional Security part 135 operators foretell. Prior to employees who perform a hazmat
and Hazardous Materials Offices. This is publication of the NPRM, the FAA function was too broad. UPS stated that
consistent with current practice. The surveyed will-carry and will-not-carry the NPRM would require training for
Hazardous Materials Branch Manager operators with FAA-approved hazmat ‘‘every employee of a certificate holder
currently reviews the carrier’s hazmat training programs to determine if the with any supervisory responsibilities
training program and will continue to be content of their training programs whatsoever,’’ even a ‘‘certificate holder’s
responsible for approving it and would be in compliance with the chief executive officer, even though that
relaying that information back to the proposals in the NPRM. The FAA also person may not perform a single
POI. randomly reviewed FAA-approved function directly affecting hazardous
Second, part 121 and part 135 hazmat training programs currently in materials safety.’’ UPS also commented
operators do not have to be concerned operations manuals of both will-carry that the FAA has not articulated a
about having to implement the hazmat and will-not-carry operators. These ‘‘reasonable basis for requiring a
training program before it is approved programs also were all found either to certificate holder to provide hazardous
by the FAA. Certificate holders are be completely adequate in content as materials training to employees who do
permitted to continue using their compared to the proposed rule or would not perform or supervise any functions
existing FAA approved training require only minor amendments. regulated under the HMR or who do not
programs during the 15-month Thus, the FAA anticipates that given otherwise directly affect hazardous
transition period. As provided in SFAR the changes in the final rule certificate materials transportation safety.’’
99, ‘‘during the transition period, these holders will not require significant ATA stated that the ‘‘definition of
certificate holders can continue to changes to the current hazmat training supervisor would sweep in hundreds of
comply with the current requirements program curriculum. In fact, most part supervisory personnel whose
or comply with the new requirements.’’ 121 and part 135 operators adhere to the responsibilities rarely if ever bring them
The FAA believes that the 15-month ICAO TI and the IATA DGR training in contact with hazmat.’’ ATA added
transition period is a sufficient time requirements as an industry standard, that covered supervisors would include
period. and this final rule is closely aligned ‘‘all levels of carrier management at an
Third, incorporating the changes into with the ICAO TI and IATA DGR airport, as well as the corporate
the existing hazmat training program training requirements that will be management and officers to whom they
should not be difficult. The FAA chose effective January 1, 2005. Therefore, report * * *. Such broad applicability
15 months as a transition period certificate holders adhering to the ICAO to supervisors without regard to their
because it believes that the time period TI and IATA DGR requirements will responsibilities regarding hazmat is
is sufficient to allow certificate holders have programs that currently meet both unnecessary to ensure safety and an
to include any changes necessary due to the industry standards and the FAA’s unreasonable burden on the carriers.’’
this final rule into their existing regulatory standards. IATA
mandatory 12-month annual recurrent FAA Response
(International Air Transport
training. Once this rule goes into effect, Association) represents over 270 airlines The FAA agrees that the definition of
the recurrent training requirement is operating under the flags of almost as the term ‘‘supervisor’’ as used in the
amended from annually to every 24 many nations comprising 95% of the NPRM was too broad. In the final rule,
months. Since the hazmat training the FAA is adding the term ‘‘direct’’ to
international scheduled air traffic.
provision had been incorporated into qualify the term ‘‘supervisor’’ in every
IATA’s resolution 618 requires all
the certificate holder’s overall training place where it is used in the new
member airlines to adhere to the
provisions in §§ 121.401 and 135.323, hazmat training regulations. This
following requirements.
the recurrent training requirement for In scheduled and/or unscheduled change is necessary to clarify that only
hazmat had been aligned with the the ‘‘direct’’ supervisor of a worker
operations, no dangerous goods are
certificate holder’s other recurrent performing any of the job functions in
permitted to be accepted and carried
training requirements for flight and § 121.1001 (proposed as § 121.801) or
unless they comply fully with the
proficiency training. The final rule § 135.501 for, or on behalf of the
international standards and
amendment aligns the FAA’s hazmat certificate holder is required to
recommended practices of Annex 18 to
recurrent training provision with long- complete the part 121 or part 135
the Convention on International Civil
standing international recommendations operator’s FAA-approved training
Aviation—’’The Safe Transport of
and current industry practice for hazmat
Dangerous Goods by Air’’ and its program. This amendment should
recurrent training. Thus, hazmat
associated Technical Instructions as address the issues raised in the
training and flight and proficiency
reflected in the ‘‘IATA Dangerous Goods comments.
training are now on different cycles. The
movement from annual recurrent Regulations.’’ V.4. Constructive Knowledge
Through IATA, airlines individual
hazmat training to recurrent hazmat
networks function as a worldwide Comments
training every 24 months also aligns
system. Due to this business practice, A number of commenters (Northwest
FAA requirements with the cycle for
regulatory updates and changes even smaller non-member airlines that Airlines, UPS, Southwest, United
followed by ICAO, IATA and the United interline with IATA carriers must meet Airlines, Delta Airlines, and ATA)
Nations Subcommittee on the Transport all of the member requirements or their voiced concerns with the proposed
of Dangerous Goods. The requirement to cargo cannot be interlined in the cargo requirement to train people to identify
provide recurrent training every 24 system. material as hazmat that is not properly
months should provide the certificate V.3. Clarification of Supervisory labeled and marked as a hazmat. These
holder with a streamlined process for Training Requirements commenters asked the FAA to provide
revising and updating hazmat training a trigger list that would help them train
programs. Comments their employees in this regard. UPS
Finally, the FAA does not believe that UPS, Continental, and ATA were commented that the ‘‘development of
the changes necessitated by this rule concerned that the proposed clear and well-conceived indicia of
will be as dramatic as the part 121 and requirement to train the supervisors of constructive knowledge is essential to
enabling air carriers to implement ‘‘constructive knowledge,’’ certificate Second, the FAA’s research indicates
effective training with respect to holders would be authorized to adjust that the personnel loading the aircraft
undeclared hazardous materials.’’ UPS their training content accordingly. typically are the same as the personnel
was concerned that the proposed rule Hazmat training program content will unloading the aircraft. Since loading is
would leave certificate holders guessing always have to be adjusted as hazmat a covered job function, these persons
at what indicators the FAA will deem regulatory changes become effective. would be trained in accordance with the
sufficient to place a carrier on notice These adjustments are the responsibility rule. Finally, if the unloaded cargo is
that a package may contain hazardous of the certificate holder. subsequently loaded onto another
materials. United Airlines noted that the The practice that an operator’s staff be aircraft, then the person doing the
FAA needed to coordinate with the adequately trained to assist them to subsequent loading would need to be
DOT’s Office of Intermodalism, which is identify and detect undeclared trained.
in the process of developing a definition dangerous goods has been an industry With regard to the removal of the term
of the term ‘‘constructive knowledge.’’ standard in the IATA DGR for over 10 ‘‘carriage,’’ the FAA does not believe
ATA commented that training revisions years. The IATA DGR information is there is a safety issue since the term
should not be completed until DOT intended to prevent undeclared essentially incorporates all of the listed
guidance on determining the presence dangerous goods in cargo from being job functions and is not a stand-alone
of undeclared hazmat is publicly loaded on an aircraft and prevent term. Consequently, the FAA finds that
available and preferably commented passengers from taking on board those a specific listing of the term is
upon. dangerous goods that they are not unnecessary.
FAA Response permitted to have in their baggage.
V.6. New Hire/New Job Function
Many commenters raised the issue of V.5. Applicability/Transport-Related
Comment
what constitutes ‘‘constructive Function (TRF)
knowledge’’ of the presence of Atlas Air stated that under the current
Comments regulations, when a carrier hires an
hazardous materials in a shipment, in
the context of enabling the trained ATA, Northwest, UPS, United, and employee/contractor who used to work
person to recognize items that contain, the National Air Transportation for another all-cargo carrier and he or
or may contain, hazardous materials Association (NATA) were concerned she provides a valid Dangerous Goods
regulated under the HMRs. In a 1998 that the application of the term certification from that carrier, the carrier
interpretation published in the Federal ‘‘transport-related function’’ would end simply enters the employee’s name in
Register (63 FR 30411–30412; June 4, up requiring them to train all or a the training records under his or her
1998), RSPA (now PHMSA) used the substantial number of the employees in valid certificate and schedules the
term ‘‘constructive knowledge’’ to their operations. UPS recommended employee for recurrent training when
express the ‘‘knowingly’’ standard in 49 that the FAA issue guidelines so that a the base month comes up. Atlas Air
U.S.C. 5123(a)(1)(B) that a person ‘‘acts carrier can determine when an urged the FAA to clarify that this
knowingly’’ when ‘‘a reasonable person employee could ‘‘reasonably be practice can continue since limiting the
acting in the circumstances and foreseen’’ as performing or supervising practice would constitute an
exercising reasonable care’’’’ would a transport related function. unnecessary financial burden.
have ‘‘actual knowledge of the facts FAA Response FAA Response
giving rise to the violation.’’ RSPA also
stated, ‘‘all relevant facts must be The FAA recognizes the concerns The FAA recognizes that part 121 and
considered to determine whether or not voiced by the commenters. The term part 135 operators will have many
a reasonable person acting in the ‘‘transport-related function’’ is a similarities in their hazmat training
circumstances and exercising reasonable shorthand reference used in the programs. However, each carrier has its
care would realize the presence of preamble of the NPRM and final rule to own policies and procedures regarding
hazardous materials.’’ In addition, RSPA refer to the specific listed job functions the handling and transport of hazmat.
stated, ‘‘Information concerning the in §§ 121.1001 (proposed as §§ 121.801) Thus, a new employee that will perform
contents of suspicious packages must be and 135.501. It is not intended to extend a job function listed in § 121.1001 or
pursued to determine whether beyond those listed job functions. § 135.501 does not have to be fully
hazardous materials have been In the final rule the FAA is also trained in all aspects of the hazmat
improperly offered. A carrier’s removing the terms ‘‘unloading’’ and regulations if he or she has been trained
employee who accepts packages for ‘‘carriage’’ from the list of specific by another certificate holder with the
transport must be trained to recognize a covered job functions. This decision is same will-carry or will-not-carry status
‘suspicious package’ * * *.’’ Id. consistent with movement to closely within the 24-month period. However,
In 2001, Fed Ex asked DOT to develop align the regulations with the 2005 he or she must receive training on the
further guidance on what constitutes edition of the ICAO TI and the IATA certificate holder’s policies and
‘‘constructive knowledge’’ that a carrier DGR. Training conducted by an operator procedures prior to performing his or
is deemed to have of the presence of to satisfy industry training practices and her job. It is the responsibility of every
hazardous materials when the carrier standards (e.g. IATA) that meet or part 121 and part 135 operator to train
accepts a shipment for transportation. exceed the requirements of new part 121 each employee in the procedures and
DOT held a public meeting on June 19, Appendix O would be sufficient for policies the certificate holder has
2002, and is considering the numerous compliance with the final rule implemented to comply with the HMR
oral and written comments in this requirements. The FAA does not believe and these regulations.
proceeding (Docket No. OST–01– that removing these terms from the list
of covered functions adversely impacts Comments
10380).
In the context of this final rule, the safety. First, the term ‘‘unloading’’ Ameristar noted that the NPRM did
FAA is not specifying detailed hazmat covers a job function that actually not address how to handle a person who
training content. Should DOT or removes the item from the aircraft is not trained at a departure or
PHMSA issue a further interpretation on where it does not pose a danger. destination point that helps load an
aircraft under the supervision of a flight verification that a repair station that person in the way it complies with
crewmember. An entire initial training employee was properly trained from an the regulations.
program is not practical for a person ‘‘authorized, knowledgeable person Only operations conducted in
that may be loading only one piece of representing the other certificate accordance with parts 121, and 135, and
freight (i.e., a seat belt pretensioner, holder.’’ The commenter said that the part 145 certificate holders are covered
Class 9 (UN3268)) using a forklift on a FAA provided no standards or by this rulemaking. Thus, the part 121
one-time basis for an operator. guidelines for how a certificate holder or part 135 certificate holders must
Ameristar also noted that there were no can determine whether a person is ensure that a worker is trained when
provisions for contract employees in the ‘‘knowledgeable.’’ using a worker in a foreign location.
NPRM. United commented that the process Since this final rule is closely aligned
for verifying that a contractor has with the 2005 edition of the ICAO TI
FAA Response
provided its employees with the proper and the IATA DGR requirements, there
Currently, the regulations require that hazmat training is ‘‘far too cumbersome should be minimal differences in
the workers (contractor or direct airline and leaves each certificate holder with training. If the actual operations are in
employee) performing a hazmat job little option but to provide such service a foreign location, then the foreign
function (including unloading) be personnel with the full scope of hazmat location requirements in §§ 121.1005
trained. There are no exceptions under training.’’ Aircraft Electronics and 135.505 (proposed as §§ 121.803
current FAA training regulations. In this Association and Aviation Suppliers and 135.503) may be applicable.
final rule, the FAA is adopting a new Association believed that contractors The FAA agrees that the term
exception that would allow a person may be unwilling to provide the training ‘‘authorized, knowledgeable person’’
(either a new hire or someone who is certifications required by proposed cannot be confirmed. Therefore, in the
performing a new job function) to §§ 121.803(c) and 135.503(c) for fear of final rule the FAA is removing the
perform a job function involving storage legal liability or because they do not proposed terminology and replacing it
incidental to transport or loading of want to assume training costs that their with the phrase ‘‘person designated by
items on an aircraft for transport, competitors are not assuming. the certificate holder to hold the
provided the person is under the direct Moreover, the commenter stated, several records.’’
visual supervision of another properly of the exceptions are based on the
trained employee authorized to directly Comment
worker having received prior training by
supervise him or her. The exception is a certificate holder having the same MidWest Airlines agreed that if a
only valid for 30 days, and is contingent operations specifications authorization contractor is a will-not-carry airline for
on the certificate holder complying with for the carriage of hazmat. hazardous materials and provides
the recordkeeping requirements in services for a will-carry airline, the
§§ 121.1007(b) and 135.907(b) (proposed FAA Response contractor needs to receive hazardous
as § 121.804(b)) or § 135.504(b), as The FAA believes that the exception materials training from that airline.
applicable. After that time period, the provided for in §§ 121.1005(c) and However, MidWest stated that it did not
individual must receive the required 135.505(c) (proposed as §§ 121.803(c) ‘‘understand the need for training to be
training. and 135.503(c)) will actually minimize provided when the status of the airline
the training burden on part 121 and part and contractor is reversed.’’
V.7. Persons Working for More Than
One Certificate Holder 135 operators. After reviewing the FAA Response
concerns voiced by the commenters, it
Comments appears that many of the commenters A worker of a part 121 or part 135
Several carriers were concerned about may have misunderstood what type of operator with a status of will-carry
the application of the training training is required. The core of each operator receives hazmat training
requirement for employees or part 121 and part 135 operator’s training appropriate for the job function being
contractors who work for more than one program is substantially the same. performed. If the worker also performs
certificate holder. Atlas Air stated that However, a worker who has been or directly supervises job functions for
proposed § 121.803(a) would prevent trained by one certificate holder but a will-not-carry certificate holder, the
Atlas, Polar, and similarly situated used by a second should be aware of employee will only have to be trained
carriers from relying on another that certificate holder’s policies and in the policies and procedures for the
certificate holder’s training program to procedures for handling hazmat. For will-not-carry certificate holder. For
satisfy the training obligation. instance, a worker initially performing instance, the worker needs to know
Additionally, Atlas Air commented work for a certificate holder with an what the policies are for a will-not-carry
that the second exception in proposed operations specification prohibiting the certificate holder if the worker identifies
§ 121.803(c), limiting the retraining acceptance of radioactive material may cargo as potential hazmat. These
required of persons working for other not have received in-depth training in policies and procedures would include
certificate holders in certain the transport of radioactive materials. information such as who does the
circumstances, would permit However, if that worker performs a job worker notify and where does the
certification only from another function listed in § 121.1001 or material get placed until the appropriate
certificate holder with the same will- § 135.501 for or on behalf of an person investigates, etc. Only the
carry status. Atlas believed this would additional certificate holder that does policies and procedures specific to the
put it at a distinct disadvantage around accept radioactive material, the worker will-not-carry certificate holder will
the world by prohibiting the acceptance must be trained on the regulations need to be provided.
of foreign carriers’ certifications, which pertaining to such materials. Therefore, V.8. Recurrent Training
represent a large segment of Atlas’ a part 121 or part 135 operator using a
business. person trained under another part 121 Comments
UPS stated that proposed or part 135 operator’s approved training Several commenters raised concerns
§ 121.803(c)(1) would require a program (both with the same will-carry with the FAA’s proposal to require
certificate holder to receive written or will-not-carry status) only has to train annual recurrent training. Atlas Air
requested that the FAA make the that there is not an extensive time part 135 operators write a letter to the
recurrent training requirement every period between the retraining dates. repair station stating its status and
two years, consistent with ICAO and policies and procedures and then have
V.9. Notice to Repair Stations
United Nations (UN) recommendations. the authorized repair station supervisor
Ameristar Air Cargo commented that the Comments or manager sign and return a copy of the
base-month concept in the proposed Several commenters opposed the letter. However, to allow for flexibility,
rule is inconsistent with 14 CFR FAA’s proposal to require a certificate the FAA is not mandating this method;
121.401(b). This requires an industry to holder to communicate and verify it is simply one method of compliance.
have two standards. Ameristar believed awareness of its hazardous materials The FAA’s purpose in adopting this
that the requirements of 14 CFR policies and procedures to a repair requirement is to ensure that the repair
121.433a currently allow the grace- station. UPS noted that ‘‘all repair station receive the required notification
month provision. stations likely ‘use’ or ‘handle’ materials from the part 121 or part 135 operator.
NATA urged the FAA to keep its classified as hazardous materials in the This notification then triggers the
recurrent training requirements course of their operations.’’ Thus, requirement for the part 145 repair
consistent with PHMSA’s recurrent proposed § 121.803(e) quite possibly station to notify its covered employees
training requirements under the HMRs. could require ‘‘notice and awareness’’ of the part 121 or part 135 operator’s’
for every repair station utilized by a status. Based on ATA’s comments, it
FAA Response appears that part 121 or part 135
certificate holder.
In response to comments on this NATA was concerned that the operators already are taking some level
issue, the FAA is closely aligning the requirement to verify that the repair of care to ensure that repair stations
final rule with the 2005 edition of the station is ‘‘aware of’’ its status and know which certificate holders carry
ICAO TI and the IATA DGR including policies and procedures is ‘‘another hazmat. The only additional step may
modifying the proposal by requiring regulatory trap.’’ In this instance, the be the written verification.
recurrent training every 24 months commenter stated, the FAA is V.10. Foreign Locations
instead of annually. The change in establishing a mandate without giving a
recurrent training from every twelve clear means of compliance. Southwest Comment
months to every 24 months should not believed that while the requirement to NATA and ATA opposed the
adversely impact safety since recurrent provide written notification to each exception for certificate holders
training is designed to update workers repair station performing work on the operating at foreign locations in
on amendments in the regulations. certificate holder’s behalf is obtainable proposed § 121.803(f) (adopted as
These amendments tend to occur on a and objective, ‘‘the requirement to § 121.1005(f)). NATA believed that this
24-month schedule, keeping aligned ensure that the repair station is ‘‘aware exception should be standard operating
with ICAO and IATA amendments. of’ the certificate holder’s policies and procedures regardless of whether local
Under 49 CFR 175.20 ‘‘Compliance and procedures is a subjective requirement labor laws require the certificate holder
Training’’ for air carriers, the FAA’s 14 that cannot be verified by the carrier.’’ to use persons working in that country
CFR 121.135, 121.401, 121.433a, ATA stated that ‘‘carriers can and do to load and unload aircraft, given the
135.323, 135.327 and 135.333 are take the objective steps of informing logistical problems of training and
incorporated by reference. Under repair stations whether they carry recordkeeping for part 135 operators.
PHMSA’s ‘‘hazmat employee’’ concept, hazmat and advising them of carrier ATA commented that workers in
recurrent training is required every procedures for HMR compliance.’’ foreign locations already receive
three years. Currently, the FAA requires function-specific hazmat training and
that recurrent hazmat training be FAA Response follow the ICAO Technical Instructions.
completed by part 121 and part 135 The FAA agrees that the term ‘‘aware Current FAA rules require
operators annually along with the flight of’’ is somewhat subjective. The FAA’s ‘‘supervision’’ by a trained person of
and proficiency training. The FAA’s intent in proposing this standard was to loading, offloading, and handling of
recurrent training requirements were in ensure that critical information was dangerous goods by persons who have
place before PHMSA’s and were not effectively communicated between two not had the FAA-approved training. The
superceded by PHMSA’s retraining parties. commenter stated, ‘‘ATA believed that
requirements. There are other The will or will-not-carry status of a the proposal would unreasonably
differences between PHMSA’s and the certificate holder is critical information narrow the exception for untrained
FAA’s training requirements. For that must not get drowned out by other employees working under supervision
instance, the FAA requires the hazmat information. That is why the FAA by restricting the exception to loading
training program to be reviewed and proposed that part 121 and part 135 and unloading.’’ Thus, ATA argued that
approved by the agency. operators ensure that each repair station any other handling of hazmat would
The FAA also is clarifying that be aware of the part 121 and part 135 have to be done by someone who has
recurrent hazmat training can be taken operator’s will or will-not-carry status. had the extensive training, regardless of
in the calendar month before or the In the final rule, the FAA is replacing supervision. For loading and unloading,
calendar month after it is actually due the requirement for the repair station to the trained person would have to
without changing the anniversary date be ‘‘aware of’’ the operator’s will-or provide ‘‘direct visual supervision.’’ The
for retraining purposes. A person can be will-not-carry status with a requirement commenter added that, in situations
retrained earlier than one calendar for the repair station to acknowledge where there is more than one flight
month prior to the training anniversary receipt of the notification. This change being worked, particularly at hubs, this
date; however, the anniversary date will is reflected in §§ 121.1005(e), is unworkable. There is no compromise
change to the completion date of the 135.505(e), and 145.206(a). of safety in continuing to allow the
retraining. The FAA believes that these There are many ways to get a written trained person to supervise by giving
exceptions provide the part 121 and part verification. One way of complying with appropriate direction and follow-up,
135 operators with maximum flexibility this requirement would be to have the enabling him or her to handle more than
in scheduling retraining while ensuring responsible person from the part 121 or one issue at once.
FAA Response amendments to the recordkeeping in §§ 121.1001 or 135.501 for, or on

The FAA believes that the loading requirements. The proposed rule would behalf of a part 121 or part 135 operator
with untrained workers should not be have required the certificate holder to will be required to comply with the
standard operating procedures at foreign maintain signed records of each training training requirements of 14 CFR. A
locations regardless of local labor laws. course for the last three years. ATA certificate holder is responsible for
Airlines noted that this is not in keeping ensuring that its workers are properly
This is consistent with current FAA
with current practices that allow paper trained. A contractor performing or
hazmat training regulations. Since the
records to be discarded after 90 days if directly supervising a job function listed
FAA is now closely aligning the final
they are entered into an automated in §§ 121.1001 or 135.501 for, or on
rule with the 2005 edition of the ICAO
record keeping system. ATA encouraged behalf of the part 121 or part 135
TI and IATA DGR requirements, general
the FAA to accept a centralized, operator represents the same
training should be more standardized.
computerized corporate record that is responsibility to the certificate holder as
In the final rule, the FAA is also
accessible by field locations. Many of a direct employee. Therefore, since the
removing the term ‘‘unloading’’ from the
the carriers stated that they have part 121 or part 135 operator is
list of specific covered job functions
electronic files and databases and responsible for maintaining the records
listed in §§ 121.1001 and 135.501. Thus, oppose a manual file system as a step
part 121 and part 135 operators should for all direct employees performing or
backwards. directly supervising a function listed in
find it easier to obtain trained workers The proposed rule also would have
to use in completing these hazmat job §§ 121.1001 or 135.501 for, or on behalf
required that the records be maintained of the part 121 or part 135 operator, it
functions. Under the exception adopted at the location where the person
in the final rule, loading with untrained should also be responsible for
performs or supervises the hazmat maintaining the records of contractors
workers can be performed only if the function. Many commenters opposed
labor laws of the foreign country require performing or directly supervising the
this proposed requirement. ALPA stated same job functions.
that the certificate holder uses persons that records should be maintained ‘‘at
who work in that country, and the the company headquarters or at a V.11.B. Content
worker performs the loading function facility that is charged with keeping
under the direct visual supervision of a Comment
such records.’’ Columbia Helicopters
trained worker. The existing rule does noted that because many certificate A number of carriers commented on
not require visual supervision of the holders affected by the NPRM operate the signature requirement in the
untrained worker. However, in the from multiple sites, frequently rotating proposed recordkeeping rule. Proposed
NPRM the FAA proposed such a aircrew and maintenance personnel §§ 121.804(c)(3) and 135.504(c)(3)
requirement, and this requirement is ‘‘moving records is an unnecessary (adopted as §§ 121.1007 and 135.507)
adopted in the final rule. The certificate burden and greatly increases the would have required training records to
holder can use a non-supervisory person likelihood of loss or administrative be signed by a person designated by the
trained to load the aircraft, provided error.’’ All commenters agreed that Director of Training. ASTAR Air Cargo
they are authorized to directly supervise allowing computer records that can be pointed out that § 121.401(c) states:
the untrained worker in the accessed from various locations is the ‘‘When the certification required by this
performance of this function. The FAA best option. paragraph is made by an entry in a
has determined that requiring a trained The proposed rule also would require computerized recordkeeping system, the
supervisor to visually observe the the certificate holder to maintain certifying instructor, supervisor, or
performance of the untrained person’s records on its independent contractors check airman must be identified with
duties is an important step towards and subcontractors. UPS believed that that entry. However, the signature of the
eliminating the possibility of the certificate holder should not have to certifying instructor, supervisor, or
undeclared discoverable hazmat or maintain records for its contractors and check airman is not required for
improperly shipped hazmat from being subcontractors. It stated that such a computerized entries.’’ ASTAR along
loaded onto the aircraft. requirement may blur the relationship with ATA Airlines, Southwest,
The current exception also includes and ‘‘give rise to a presumption that Chautauqua Airlines, Ameristar, FedEx,
the term ‘‘handling;’’ however, the personnel employed by the contractor AMR Corporation, and the Air
proposal removed that term because it are employees of the certificate holder.’’ Transport Association all supported
was confusing to regulated entities. The eliminating the signature requirement.
FAA Response
FAA has understood the term Ameristar, Fed Ex, ATA and AMR
‘‘handling,’’ as used in the current CFR, The FAA agrees with the commenters Corporation also pointed out that there
to refer to the handling that would be that the worker training records should is no Director of Training, so requiring
required during the loading of the not be required to be kept as a written that individual’s signature implies a
aircraft. The industry’s application, record. In the final rule, the FAA is requirement that is not possible.
however, has been inconsistent. clarifying that the part 121 and part 135 ASTAR also believed that the
Although the FAA is eliminating this operators have the responsibility to description of the training course
term, the FAA still recognizes that those determine the method of recordkeeping required by proposed §§ 121.804(c)(4)
people who load must handle the cargo. (electronic, manual, etc). This allows and 135.504(c)(4) (adopted as
The removal of the term ‘‘handling,’’ the certificate holder to manage its §§ 121.1007 and 135.507) is redundant
however, eliminates any confusion over recordkeeping program in a manner and not required since a full description
the breadth of the exception. appropriate to its business. The worker of the training program is contained in
training records may be maintained by the FAA-approved Training Manual.
V.11. Recordkeeping Requirements any method (including electronic). The
records may be maintained in a central FAA Response
V.11.A. Location
location provided that they can be made The FAA agrees with the commenters’
Comments available upon request at the location of suggestions, and in the final rule, the
A number of commenters raised the employee. Contractors performing or FAA is eliminating the requirement for
concerns with the proposed directly supervising a job function listed the signature. The FAA also did not
intend to require that certificate holders Training in documentation checks and do not transport hazmat, they provide
employ a Director of Training. The FAA acceptance guidelines would not recognition training to acceptance
is instead requiring that the individual increase the awareness or effectiveness employees to enable them to recognize
who is providing the hazmat training be of these employees in identifying and refuse hazmat if it is offered to their
identified on the training record. The hidden dangerous goods. carrier.’’ Furthermore ATA stated that
contents of the training records will be Furthermore, AMR Corporation noted carriers provide ‘‘persons engaged in
the same as 49 CFR 172.704(d), ICAO TI that its dispatchers do not supervise the passenger and baggage check-in services
1;4.2.4, and IATA DGR 1;1.5.4.1. The loading, nor do they perform other load (e.g., skycaps, ticket counter agents,
FAA is harmonizing the contents to planning functions. The commenter flight attendants, etc.) with recognition
eliminate duplication of recordkeeping. added that a dispatcher may be tasked training and function-specific training
The same records required under this with contacting Air Traffic Control, on relevant hazmat topics.’’ ATA also
rulemaking can be used for compliance Airport Rescue and Fire Fighting, or the stated ‘‘the FAA could greatly alleviate
with all hazmat regulations having the Federal Aviation Administration; the unnecessary burden on carriers by
same requirements (49 CFR 172.704(d), however, dangerous goods acceptance specifically authorizing them, as the
ICAO TI 1;4.2.4, and IATA DGR training would not improve his or her ICAO Technical Instructions provide, to
1;1.5.4.1). ability to assist the flight crew. tailor training content for each
NATA stated that persons required to employee group, making it
V.12. Curriculum—Proposed Appendix be trained on Module 6 but not 5, commensurate with job duties of the
N (Adopted as Appendix O) should not be required to be trained on specific employees in question. The
Comments Module 8. In order to do their jobs ICAO Technical Instructions are a
properly, NATA said that these persons reasonable starting point for that
Many commenters stated that the do not need to know the ‘‘use of
training curriculum set forth in assessment. This allows carriers to plan
hazardous materials tables, proper in accordance with their own business
proposed Appendix N (adopted as shipping names, hazard class
Appendix O) goes beyond the structures.’’
definitions, UN/ID numbers, or packing Express.Net Airlines was concerned
knowledge needed to fulfill the given groups’’ as described in Module 8. ATA
job function. ATA and Southwest that no standard exists for the length of
believed that the FAA could greatly time necessary to conduct training and
Airlines called the training ‘‘excessive.’’ alleviate the unnecessary burden by
ATA went on to argue that ‘‘excessive points to the FAA’s publication ‘‘FAA
aligning them with the ICAO Technical
training inundates employees with National Operations and Training
Instructions. The ICAO TI allows the
needless information and requirements Manual for the Acceptance and
carrier to tailor the training content for
that are extraneous to their specific Transport of Dangerous Goods in Air
each employee group, making it
responsibilities and—at best—distracts Transportation.’’ In that document, the
commensurate with job duties of the
from the central purpose of job specific FAA recommends an 8-hour initial
specific employees in question.
training, diluting the effect of training ASTAR Air Cargo made a similar training program and a 2-hour recurrent
on material relevant to their function. At request and urged the FAA to include training program for operators that elect
worst, it confuses employees about their the statement ‘‘Each Hazmat employee to carry hazmat.
assigned roles and responsibilities.’’ must be provided only that function ALPA believed that the proposed
United and Midwest Airlines urged specific training concerning each of the modules listed for pilot crewmembers
the FAA to abandon the idea of a one- areas of training which are specifically are adequate provided that the training
size-fits-all training program and allow applicable to the operation the is ‘‘specifically tailored for the duties
the certificate holder to tailor the employee performs.’’ ASTAR pointed and responsibilities of the flight crew
training subject matter to the employee’s out that this suggested language is member.’’ ALPA requested that the FAA
job functions. Chautauqua Airlines nearly identical to that of CFR title 49 add a note to Tables 1 and 2 stating that
stated that its current program has been and would allow operators to tailor the ‘‘Awareness-level training of
approved by the FAA, but would not be training as necessary. components within a module may be
acceptable under the proposed rule ATA Airlines, Delta, and UPS appropriate if the person (employee)
since the programs are not divided into believed that proposed Table 1, which does not actually perform those
specific modules. Chautauqua argued defined training requirements based on functions.’’
that to prepare a hazmat program that Job Function defined by Categories of Atlas Air asked the FAA to clarify
follows the prescribed curriculum Personnel, is confusing and will require whether all-cargo carriers and passenger
‘‘would require significant efforts by interpretation. ATA also stated that carriers would be required to follow the
various business unit training there is no differentiation between same curriculum.
organizations internal to CHQ, costing levels of knowledge required based on Jet Arizona, Aviation Services
both time and money.’’ actual involvement in the dangerous Unlimited, and Southwest Airlines
AMR Corporation explains that a materials transport process. UPS wanted commented on recognition training for
flight attendant will greet a customer the rule to clarify that the level of will-not-carry operators. Jet Arizona
and/or help a customer with luggage training should be commensurate with believed that will-not-carry certificate
after the customer has interfaced with at the employee’s responsibilities. UPS holders should only be required to train
least one of its agents trained in urged the FAA to place proposed to the level required for their crews to
dangerous goods acceptance, and after Appendix N into an advisory circular so recognize hazmat for the purposes of
passing through TSA-controlled that certificate holders would have preventing it from being loaded on that
checkpoint where security screeners are greater flexibility in structuring their company’s aircraft. It believed that
tasked with looking for threatening own training programs. additional training creates an
objects. Flight attendants are trained in As stated in the comments submitted unnecessary burden that the FAA has
the safety of the passenger. They are by ATA, ‘‘ATA’s will-not-carry not justified adequately with data.
trained to handle a situation in flight members also have FAA-approved Aviation Services Unlimited also
where a substance may be leaking or training programs that provide for HMR commented that to require operators to
found to be inappropriate in the cabin. instruction. Indeed, even though they change their already-successful
programs only unnecessarily increases IATA DGR. The certificate holders minimum aspects to be covered in the
the burden. believed that the ICAO TI standards are part 121 and part 135 operator’s hazmat
Ameristar Air Cargo suggested that in the best common reference point to training program for each job function
Module 13 the FAA delete the words facilitate the uniform, seamless performed. These minimum
‘‘Policies and procedures regarding handling of hazmat in international air requirements will apply to persons
handling, packaging, and transport of transportation. By accepting the performing or directly supervising the
hazardous materials moving by means operator’s comments indicating that job function.
other than air.’’ The commenter said only part 121 and part 135 operators Given the changes that the FAA is
that this element leaves too much themselves can develop specific making to the final rule, the FAA
interpretation to the FAA inspector detailed hazmat training curricula, the anticipates that most part 121 or part
approving a hazardous materials FAA believes that the need to provide 135 operators should not have to
program. The commenter suggested the model hazardous material training substantially change their training
following language: ‘‘Applicable programs has been reduced. The programs if their current FAA-approved
policies and procedures regarding direction taken by the ICAO Dangerous hazmat training program contains the
handling, packaging, and transport of Goods Panel in 2002 (published in the minimum requirements required by
hazardous materials moving by means 2005–2006 edition of the ICAO TI and 2005 edition of the ICAO TI and IATA
other than air.’’ IATA DGR) was a departure from the DGR. Standards for will-not-carry
Express.Net Airlines noted that Table traditional ‘‘categories of staff’’ to a task- training will require that both part 121
1 of proposed Appendix N was oriented (function-specific) approach, and part 135 will-not-carry certificate
incomplete because Module 10 ‘Notice which is the same approach the FAA is holders conduct recognition training to
to Pilot-in-Command’ training would adopting. Additionally, in the final rule, assist persons directly supervising or
not have been required for category 3 the FAA closely aligns the required performing a job function covered in
workers; ‘‘persons who handle, store, training for persons performing or Appendix O, Table 2, identifying
and load or unload packages, passenger directly supervising job functions listed possible undeclared, as well as
baggage or cargo’’ on the aircraft. in § 121.1001 or § 135.501 for, or on declared, hazmat.
Menlo Worldwide Forwarding behalf of a will-not-carry certificate The specific job function specified in
recommended that an additional holder with the requirements for Appendix O will determine the training
exception be included in the rule to handling only non-dangerous goods in required. In-depth training is intended
allow the establishment of a stand-alone the 2005 edition of the ICAO TI. The to give detailed knowledge of the
training and supervision program training standards will apply to both all- requirements pertaining to the specific
administered by an integrated freight cargo and passenger carriers. job function that the person performs.
forwarder that contracts multiple The part 121 or part 135 operators General-awareness training is intended
certificate holders to transport will also be required to provide training to provide a general overview of the
dangerous goods and is subject to on any operator specific policies and regulatory scheme.
review and approval of the FAA. The procedures not specifically mentioned
commenter added that air carriers in new Appendix O. The FAA believes V.13. Training Method
would incorporate the training regimen that each certificate holder currently Comments
into their approved programs by trains all employees in their individual
referring to the integrated freight policies and procedures, so this should Atlas Air, Northwest Airlines, AMR
forwarder’s training program and not be an additional burden. This allows Corporation, Express.Net Airlines and
services in their Operations Manuals. part 121 or part 135 operators to train ALPA were concerned that the proposed
Direct Flight stated that simply in accordance with their own business requirement would eliminate computer-
because requirements may be suitable structures. If a certificate holder’s based training. In addition, the
for a part 135 scheduled commuter training program differs from the ICAO proposed rule would require an
airline does not mean those TI format, it should discuss this with interactive instructor to be available to
requirements are appropriate for a small the FAA during the approval process. address any questions or concerns.
on-demand carrier simply because the Therefore, in the final rule the FAA is ALPA believed that recent changes in
way each operates is very different. clarifying that the part 121 or part 135 computer-based training have made that
Continental believed that the NPRM operator has the responsibility to possible. The Dangerous Goods Council
inappropriately combined part 121 and determine which employees meet the urged the FAA to allow an electronic
part 135 duties together. Continental job function requirement to train, the instructor to be used who could be
stated that ‘‘there are many specific level of training required, the delivery immediately available by instant
duties for Part 135 carriers that do not method of administering the training, message, e-mail or phone.
apply to a Part 121 carrier. For example, including a test to verify
FAA Response
there are many Part 135 carriers that comprehension, and the method of
will have their flight crews assigned to recordkeeping (electronic, certificate, Part 121 or part 135 operators have
tasks that are not performed by the flight etc). The FAA is not specifying the responsibility for ensuring that the
crew of Part 121 carriers (i.e., loading requirements for these processes. The specific level and duration of hazmat
baggage and cargo into the airplane).’’ FAA believes these amendments will training is adequate and appropriate for
allow the certificate holder to manage each worker. While the responsibility
FAA Response their FAA approved hazmat training for providing the hazmat training
Many commenters disagreed with the programs as appropriate. The final rule remains with the certificate holder, the
proposal to mandate curriculum for a will not contain the training modules. FAA has the responsibility for
part 121 or part 135 operator’s hazmat Instead, Table 1—Operators That approving the hazmat training program.
training program. The FAA agrees, and Transport Hazardous Materials—Will- Hazmat training may be provided by
in the final rule the FAA is closely Carry Certificate Holders, and Table 2— company training programs, computer-
aligning the training requirements in 14 Operators That Do Not Transport based programs, self-guided CD training
CFR parts 121 and 135 with those in the Hazardous Materials—Will-Not-Carry programs, outside training firms or
2005 edition of the ICAO TI and the Certificate Holders, will provide the consultants, educational institutions, or
any other type of organization offering training requirements. Hazmat training or will-not-carry). Consequently, the
training. Electronic instruction is requirements are being relocated in notification requirement adopted by the
permitted and an on-site instructor is subpart K. FAA in the final rule should not pose
not required. Hazmat training may be The part 135 operator has the an additional burden. In the final rule,
provided by the part 121 or part 135 responsibility for ensuring that the level the FAA is simply making notification
operator or other public or private of training is adequate and appropriate mandatory and enforceable.
sources, including training classes that for each employee. In the situation The requirement to certify to the FAA
are offered by the IATA to the extent described by NATA, the FAA agrees that all hazmat employees have been
that the IATA training satisfies the FAA- that the pilot could be trained in trained as required by 49 CFR
approved hazmat training program. The accordance with the FAA’s hazmat 172.704(d) is satisfied by providing
part 121 or part 135 operator must regulations and supervise the loading copies of the records required by 49 CFR
ensure that the hazmat training program function pursuant to § 135.505. The on- 172.704(d), or by submitting a letter
provides a method to respond to demand operator or an operator using from an authorized representative of the
students’ questions prior to certifying one person for loading has the repair station indicating that all hazmat
completion of the training and that all responsibility for determining the employees are trained in accordance
persons are tested to verify adequacy of training. This is consistent with 49 CFR. The only additional
understanding of the regulations and with current requirements under hazmat training requirement would be
requirements. § 135.333(d). In fact, the requirements for the repair station employees who
under § 135.333(d) have been expanded directly supervise or perform a job
V.14. Single-Pilot Operations function listed in § 121.1001 or
because under the final rule, single-pilot
Comments operators can use the new-hire § 135.501 for, or on behalf of the part
exception. Single-pilot operators also 121 or part 135 operators, such as
Several commenters were concerned loading the certificate holder’s aircraft
that the FAA did not adequately address will only be required to conduct
recurrent training every 24 months once for transport. The FAA believes that
the issue of the single-pilot operation in only a very small percentage, if any, of
the proposed rule. NATA provided an the FAA harmonizes the recurrent
training with international and industry part 145 repair station employees
example of a part 135 on-demand carrier actually load the part 121 or part 135
using Cessna Caravans (which require standards.
operator’s aircraft for transport unless
only one pilot) in a cargo configuration V.15. Repair Stations (Part 145)— the repair station also is certified under
to regularly transport newspapers for General part 121 or part 135 which would
delivery. On occasion, the newspaper impose the requirements of part 121 or
employee delivering or picking up the Comment
part 135 of 14 CFR currently.
newspapers may assist the pilot in the One commenter noted that it does not
loading or unloading of these papers. appear that the repair stations have any Comment
NATA believed that proposed transitional period. ATA noted that ALPA agreed with the FAA’s decision
§ 135.503(a) would require the carriers already notify repair stations of to include part 145 Aircraft Repair
certificate holder to provide hazmat their will-carry or will-not-carry status Stations in the NPRM. The commenter
training of this helpful person. NATA and their procedures for HMR said that a significant potential exists
saw no justification for this restrictive compliance. that materials or components being
requirement. The pilot instead could be shipped to, shipped from, or returned to
FAA Response
trained as a supervisor and then permit service could contain hazardous
the newspaper employee to assist in The final rule does not contain a materials. Northwest Airlines, AMR
performance of the transport-related transitional period to allow part 145 Corporation, Midwest Airlines, and
function under direct supervision repair stations to train their workers NATA were concerned that the training
similar to the requirements of the because part 145 repair station workers program for repair stations would be
foreign locations exception (see are already required to be trained if they burdensome because repair stations
proposed § 135.503(f)). NATA believed are hazmat employees, as defined in 49 would have to be trained and current in
that, given the nature of part 135 on- CFR 171.8. Repair stations that perform every carrier’s hazmat program. AMR
demand operations, which use any and or directly supervise a job function Corporation noted that repair stations
all airports on short notice, the principle listed in §§ 121.1001 or 135.501 for, or will simply pass the cost of training
of direct supervision is reasonable as a on behalf of a part 121 or part 135 down to the certificate holder. AMR
general rule rather than the exception. operator would need to be trained in Corporation stated that ‘‘if the FAA
Direct Flight Inc. also urged the FAA accordance with the FAA’s established repair stations as ‘‘shippers’’
to— (1) clarify the notation ‘‘would requirements as well. This is the same and regulated the shipping community,
remain subject to the hazmat training requirement for any contractor or the FAA could go further in promoting
requirements in § 135.333,’’ since the subcontractor performing or directly safety in this area.
proposal removes § 135.333; and (2) supervising a job function listed in NATA did not object, in concept, to
drop that portion of the NPRM which §§ 121.1001 or 135.501 for, or on behalf the FAA’s desire to reference 49 CFR
applies to small, will-not-carry, on- of a part 121 or part 135 operator. For 172 within the part 145 regulations.
demand part 135 operators and instead instance, part 145 repair stations NATA was concerned with the
retain the language contained in performing work for, or on behalf of increased training burdens on the
§ 135.333(c). will-not-carry certificate holders who certificate holder. NATA contended that
perform loading functions for the part it is redundant for a repair station
FAA Response 121 or part 135 operators will need to employee, already trained under their
In the final rule, the FAA is deleting be hazmat trained during the 15-month employer’s program, to then be trained
the language ‘‘would remain subject to transition period. Additionally, most by the certificate holder if performing a
the hazmat training requirements in part 121 and part 135 operators have TRF. NATA also believed that the real
§ 135.333,’’ since that language is only indicated that they currently notify the problem in the industry is lack of
applicable to the current hazmat repair stations of their status (will-carry education.
The NTSB supported the repair to be covered under this proposal are 135 carriers. This notification
station proposal and believed that it will the part 145 repair stations that perform requirement should be limited to—(1)
enhance the likelihood that repair work for, or on the part 121 or part 135 repair station employees who actually
stations will provide appropriate operator’s behalf and are regulated by 49 perform maintenance services on parts,
hazardous materials training for their CFR parts 171 through 180. This, by components, or appliances belonging to
employees. Safety recommendation A– definition in 49 CFR, would include part 121 or part 135 carriers; (2)
97–73 called for the FAA to require air only the repair stations that offer or personnel responsible for receiving and
carriers to ensure that maintenance accept hazardous material for shipping those items; and (3) the
facility personnel, including mechanics transportation. The remainder of the supervisory personnel overseeing these
and shipping, receiving, and stores requirement is retained. All part 145 two categories of workers.
personnel, at air carrier-operated or repair stations that are regulated under AEA also believed that the reference
subcontracted facilities are provided 49 CFR currently are required to have to ‘‘each certificate holder’’ is vague and
initial and recurrent training in hazmat training in place. should be limited to ‘‘each certificate
hazardous materials handling. The The FAA is not adopting the holder for which the repair station
NTSB also supported the notification recommendation suggested by Boeing provides maintenance services.’’
requirement. that carriers approve a repair station’s FAA Response
Chromally Gas Turbine Corporation training program. Repair stations may
stated that the proposed requirement perform duties as hazmat shippers, and The FAA believes that the notification
would require training and when they do, they are regulated under requirement is essential and a very
documentation for everyone in a ‘‘repair 49 CFR. However, if they perform or minimal requirement for hazardous
station who even handles hazardous directly supervise a job function listed material communication information.
waste and/or labels hazardous waste in §§ 121.1001 or 135.501 for, or on The FAA has determined that it is
containers which will never be involved behalf of a part 121 or part 135 essential for a repair station to know
in air transport.’’ operators, such as loading of the whether its customers are will-carry or
The Aircraft Electronics Association certificate holder’s aircraft, they are will-not-carry operators. In the final
(AEA) believed that hazmat training, required to be trained under the FAA’s rule, the FAA is clarifying that the
where needed, can be incorporated into hazmat training requirements. notification requirement applies only to
training programs already required the repair station employees, its
under 14 CFR 145.163. AEA also V.16. Application for Part 145 contractors, or subcontractors that
requested that the FAA adopt a Certificate handle or replace aircraft components or
narrowly tailored exemption for repair Comments other items regulated by 49 CFR parts
stations that hold only radio and/or 171 through 180. This will eliminate the
instrument ratings (plus an associated Ameristar Air Cargo believed that
possibility of the notification process
airframe rating) for purposes of avionics employees should not have to be trained
applying to personnel such as
installations. AEA stated that most by the time the application is filed, but
administrative or others who do not
repair stations holding these ratings do instead should be required to be trained
come into contact with any aircraft
not handle hazmat, and those that do prior to the repair station being issued
components.
already are required to have appropriate a certificate. Ameristar also believed
training programs by the hazmat that proposed § 145.5 is very clear in Comment
training requirements of title 49. regards to required training, making the Both Northwest Airlines (NWA) and
Boeing urged the FAA to adopt a new proposed language of § 145.11(a)(5) Aircraft Electronics Association
§ 145.5(c) that would allow the repair redundant. questioned the need for the certificate
station to receive acknowledgement FAA Response holder to train repair station employees
from the air carrier that its training as referenced in proposed § 121.803(a).
The FAA agrees with Ameristar that
program is adequate. Boeing believed NWA stated that this requirement could
the repair station employees should
that such a provision would be adequate easily double or triple the amount of
have to be trained prior to FAA issuing
if a certificate holder verifies the training that it would be required to
a part 145 certificate or change in rating,
adequacy of the repair station’s controls administer. Aircraft Electronics believed
not at the time of application. The final
over the processes, procedures, and that this requirement conflicts with the
rule requires that the repair station
training of persons performing existing training requirements in 49
certify that all hazmat employees have
transport-related functions for a repair CFR, which imposes the requirement on
been trained as required by 49 CFR part
station. The option to require specific the hazmat employer.
172 subpart H prior to issuing the repair
training, if deemed necessary, provides
station certificate or rating. For a change FAA Response
flexibility to both the certificate holders
in rating, a repair station is not required In the final rule, § 145.165(b) states
and repair stations while maintaining
to submit another certification if that repair station workers must not
adequate controls to ensure the proper
previously provided. perform or directly supervise any job
handling and shipping of hazardous
materials, and the continued safety of V.17. Notification of Hazardous function listed in § 121.1001 or
aircraft and personnel. Materials Authorizations § 135.501 for or on behalf of the part 121
or part 135 operator unless that person
FAA Response Comments has completed training under the part
In the final rule, the FAA is removing Ameristar and AEA believed that the 121 or part 135 operator’s hazmat
the words ‘‘and use in repair operations requirement to notify all workers is very training program. When performing or
aircraft components, consumable broad in scope. AEA believed that the directly supervising any job function
materials on behalf of the operator proposed requirement would needlessly listed in § 121.1005 or § 135.501 for or
regulated under 49 CFR parts 171 encompass personnel such as on behalf of a part 121 or part 135
through 180’’ from § 145.165. By making administrative employees who may operator, a repair station worker is not
this amendment, the FAA seeks to have no involvement with the work any different than any other contractor
clarify that the repair stations intended being performed for the part 121 or part or subcontractor performing or directly
supervising a covered job function 135 operators are required to comply The FAA wants certificate holder
including loading the certificate with the new training requirements. personnel to be better trained so that
holder’s aircraft. Any contractor loading they are more likely to stop either
Section 119.49 Contents of Operations
the aircraft for transportation must be packages improperly offered for
Specifications
trained under the FAA’s Approved shipment as hazmat, or packages that
Hazardous Materials Training Program The FAA proposed to redesignate the contain undeclared hazmat shipments
for that part 121 or part 135 operator. current language of § 119.49(a)(13) as which provide indicia of hazmat to a
There is not a requirement for the part (a)(14) and add a new (a)(13) to provide trained individual (discoverable hazmat
121 or part 135 operators to train all that a certificate holder’s operations shipment).
repair station employees, only those specifications must include either an Thus in the final rule, the FAA is
who perform a covered function for or authorization permitting the part 121 or requiring part 121 and part 135
on behalf of the certificate holder. For part 135 operator to handle and operators to have procedures for
instance, a repair station worker that transport hazmat (will-carry certificate rejecting materials that appear to be
loads COMAT onto an aircraft, or holder) or a prohibition against improperly prepared or possible
otherwise prepares the cargo for air handling and transporting hazmat (will- undeclared hazmat. The FAA has found
shipment, for or on behalf of the not-carry certificate holder). The FAA that in many cases packages not marked
certificate holder, must be trained in the did not receive any comments on this and labeled as hazmat still display
certificate holder’s hazmat training section. The references to paragraph (b) indicators that would lead a trained
program. and (c) were inadvertently left out of the person to suspect the presence of
NPRM. The NPRM preamble discussed hazmat. For example, terms such as
Training conducted to comply with amending § 119.49 to show that all part ‘‘chemicals,’’ ‘‘lighters,’’ ‘‘paint,’’ or
14 CFR may meet the requirements in 121 and 135 operators’ operations ‘‘solvents’’ on packages or
49 CFR depending on the content of the specifications will be required to show accompanying documents not prepared
training program. the appropriate authorization. as a hazmat indicate the possible
VI. Section-by-Section Discussion of Sections 121.135 and 135.23 Manual presence of an undeclared hazmat.
Final Rule Contents Additionally, trigger lists (such as the
ones found in the ICAO TI Part 7,
Part 119—Special Federal Aviation The FAA proposed that the current Chapter 6, or in IATA DGR Part 2
Regulation (SFAR) No. 99 manual requirements in 14 CFR Chapter 2) may be used to alert
The NPRM proposed to establish an 121.135(b)(23) and 135.23 (p) be personnel to the possible presence of
SFAR that would contain all current amended to require that both will-carry hazmat in items not properly identified
part 121 and part 135 hazmat training and will-not-carry certificate holders as hazmat.
regulations that would be replaced by include procedures and information to In the final rule, the FAA adopts the
the proposed changes. The SFAR is assist each person directly supervising requirement for both will-carry and
adopted without changes. The SFAR or performing a job function listed in will-not-carry certificate holders to
§ 121.1001 or § 135.501 for, or on behalf communicate to crewmembers and
will expire 15 months after the effective
of a part 121 or part 135 operator in persons, including contractors and
date of the rule.
recognizing hazmat. The FAA is subcontractors performing or directly
As proposed, all existing hazmat adopting the proposed provisions with supervising job functions listed in
training requirements in some modifications, which are §§ 121.1001 and 135.501 for, on behalf
§§ 121.401(a)(1), 121.433a, discussed below. The FAA believes that of, the part 121 or part 135 operator of
135.323(a)(1), and 135.333 are moved the proposed changes are necessary to the operator’s procedures for notifying
into Special Federal Aviation clarify who is covered by the DOT of hazmat incidents and
Regulation (SFAR) No. 99. This is requirements and to more clearly discrepancies. (See
designed to make it easier for certificate specify the types of procedures and §§ 121.135(b)(23)(ii)(B) and
holders to identify existing policies that must be provided. Some 135.23(p)(2)(ii)). Again, this is a change
requirements and distinguish them from procedures are common to both will- from the current requirements, which
new requirements. The remaining parts carry and will-not-carry certificate require a certificate holder to include
of these regulations that are not hazmat- holders. Other procedures vary, this information in its manual only if
related will remain in their respective depending upon whether the carrier is the certificate holder has will-carry
sections. New §§ 121.1003 and 135.503 a will-carry or will-not-carry certificate status.
(proposed as §§ 121.802 and 135.502) holder. The manual also must communicate
will require hazmat training for part 119 A. Both will-carry and will-not-carry the terms under which a certificate
certificate holders conducting certificate holders: In the final rule, the holder, including a will-not-carry
operations in accordance with part 121 FAA is maintaining current manual certificate holder, may carry hazmat in
and/or part 135 of 14 CFR. requirements for both will-carry and accordance with the passenger and crew
The SFAR will exist for 15 months will-not-carry certificate holders, with exceptions listed in 49 CFR 175.10.
after the effective date of the final rule, some amendments. The final rule Currently, training for these hazmat
during which time certificate holders requires that manuals for both will-carry exceptions are included in the will-
certificated on or before November 7, and will-not-carry certificate holders carry and will-not-carry training
2005 will be responsible for bringing contain procedures for rejecting programs based on long-standing
their hazmat training programs into full packages not properly prepared and advisory circular guidance. This
compliance with the new regulations. offered for shipment under 49 CFR parts amendment will make the training
During the 15-month transition period, 171 through 180, or that appear to enforceable.
current part 121 and part 135 operators contain hazmat. This is a change from In the final rule, the FAA also
may continue to comply with the the current requirements and was requires part 121 and part 135 operators
current requirements or elect to comply proposed because the current language to indicate in their manuals whether
with the new requirements. As of only refers to identifying or recognizing they are will-carry or will-not-carry
February 7, 2007, all part 121 and part packages marked and labeled as hazmat. operators, as specified in the operations
specifications. (See Part 121—Subpart Z and Part 135 The current requirements in
§§ 121.135(b)(23)(ii)(C) and Subpart K—Hazardous Materials §§ 121.433a and 135.333 apply only to
135.23(p)(2)(iii)). This information Training Program persons handling or carrying hazardous
currently does not have to be in the The FAA notes that the numbering of material, even though the approved
certificate holder’s manual. new sections in part 121 has changed hazmat training programs contained in
due to the adoption of new rules since the certificate holder’s manuals indicate
B. Will-carry certificate holders only:
the NPRM was published. In the final the training is currently applied on a
A part 121 or part 135 operator
rule, therefore, the new subpart and broader basis. The hazmat training
authorized as a will-carry operator will
sections are renumbered accordingly. In requirements contained in the final rule
be required to provide to crewmembers apply to a broader group of individuals
and persons, including contractors and addition, the FAA is skipping numbers
in between sections to allow room for than covered in the current regulations.
subcontractors performing or directly 1.A. Paragraph (a): Paragraph (a)
supervising job functions listed in the addition of new sections in the
identifies who is required to receive
§§ 121.1001 and 135.501 for, or on future. Therefore, regulations proposed
hazmat training. The training
behalf of, the part 121 or part 135 as subpart Y §§ 121.801 through 121.804
requirements cover crewmembers and
operator with additional procedures and are renumbered as subpart Z persons who directly supervise or
information regarding the transport of §§ 121.1001 through 121.1007 in the perform a job function listed in
hazmat in its manual. The covered final rule. The FAA is renumbering § 121.1001 or § 135.501 for, or on behalf
persons include any other person who sections in part 135 subpart K for the of a certificate holder in the transport of
directly supervises or performs a job same reason. Sections in subpart K that an item on board an aircraft. Part of the
function listed in § 121.1001 or were proposed as §§ 135.501 through training includes teaching individuals
§ 135.501 for, or on behalf of a part 121 135.504 are renumbered as §§ 135.501 how to recognize materials that may be
or part 135 operator under any other through 135.507 in the final rule. hazmat but are improperly prepared for
Hazmat training rules in part 121, shipment. The NPRM included a list of
arrangement.
subpart Z, and part 135, subpart K, specific job positions and the type of
Additionally, part 121 or part 135 require all air carriers and commercial
operators electing will-carry status are training they needed. The final rule
operators to train each crewmember and establishes training based on the job
required to provide procedures and person who directly supervises or function performed by the employee.
information to ensure that— performs a job function listed in Currently, §§ 121.433a and 135.333
• The packages containing hazmat are § 121.1001 or § 135.501. The FAA forbid operators from using a person to
properly offered, accepted, handled, believes that adequate training of each perform, and forbids a person from
stored, packaged and loaded on the person involved in a job function listed performing, ‘‘any assigned duties and
aircraft in compliance with 49 CFR; in § 121.1001 or § 135.501 will greatly responsibilities for the handling or
enhance safety in air transportation and carriage of dangerous articles and
• Requirements for notice to the pilot help avoid life-threatening incidents.
in command (49 CFR 175.33) are met; magnetized materials governed by Title
Also, due to the frequency of 49 CFR’’ unless the person has been
and undeclared shipments, the FAA believes trained. The NPRM proposed
• Aircraft replacement parts shipped that a broader training program, which applicability provisions in §§ 121.801
as COMAT, consumable materials, and includes hazmat recognition training, (adopted as § 121.1001) and 135.501
any other item regulated under the must be mandated for all part 121 and that were broad enough to cover not
HMRs, are properly handled, packaged, part 135 operators. However, as only those persons performing a job
and carried on board the aircraft. discussed below, the FAA is removing function listed in § 121.1001 or
C. Will not carry operators: There are the term ‘‘curriculum’’ and the modules § 135.501, but also those persons
no manual requirements specific only to previously included in proposed supervising the performance of that job
will-not-carry certificate holders. The Appendix N (adopted as Appendix O) of function. This ensured that the
manual requirements are shared with part 121 in this final rule. certificate holder identified and trained
1. Applicability and definitions each person who could reasonably be
the will-carry certificate holders.
(§§ 121.1001 and 135.501)—The final foreseen as supervising or performing a
Transfer of Hazmat Provisions to SFAR rule includes new subparts that TRF, whether or not it was part of his
No. 99 prescribe requirements for certificate or her day-to-day job duties (function-
holders to train crewmembers and specific training). In the final rule, the
All existing hazmat training persons directly supervising or FAA is clarifying that the training
requirements in §§ 121.401(a)(1), performing a job function listed in requirement does not apply to every
121.433a, 135.323(a)(1), and 135.333 are § 121.1001 or § 135.501, whether the supervisor, but rather to the ‘‘direct’’
moved into Special Federal Aviation part 121 or part 135 operator is a will- supervisor who oversees the
Regulation (SFAR) No. 99 to make it carry or will-not-carry operator. The performance of a job function listed in
easier for certificate holders to identify will-carry or will-not-carry status is § 121.1001 or § 135.501.
existing requirements and distinguish relevant only to the content of the In this final rule, the FAA also
them from new requirements. New training, not to the requirement to train. clarifies the portion of the NPRM
§§ 121.1003 and 135.503 (proposed as The FAA is removing the term preamble that discussed when an
§§ 121.802 and 135.502) will require ‘‘curriculum’’ because the FAA has individual’s job function would
hazmat training for part 119 certificate decided against mandating a necessitate training. The NPRM
holders conducting operations in curriculum. Instead, it will be the language that generated confusion is as
accordance with part 121 and/or part certificate holder’s responsibility to follows: ‘‘Whether a person were
135. Section 121.401 is shown in the determine which workers require officially assigned to perform a job
regulatory text only to show how the certain training based on the job function would be irrelevant [to the
section reads once the hazmat training functions they perform. The certificate need to train]. This would ensure that
requirements are removed. The SFAR holder will need to determine the level, the certificate holder identifies and
will expire on February 7, 2007. content and duration of training. trains each person who could
reasonably be foreseen as performing or training requirement in 49 CFR part 172 requirements of 49 CFR parts 171
supervising a TRF, whether or not it is subpart H, although 49 CFR does not through 180, and that persons are
part of his or her job description.’’ specifically define initial hazmat trained to look for certain indicia that
It was not the FAA’s intent to require training. In the final rule the FAA is not may indicate an undeclared
a part 121 or part 135 operator’s entire changing this definition. (discoverable hazmat) or improperly
work force to receive hazmat training. Paragraph (b)(3) defines ‘‘recurrent prepared hazmat item. The FAA is
As an example, a person can be hazardous material training.’’ The closely aligning the job functions and
reasonably foreseen as performing or definition of ‘‘recurrent hazardous the associated minimum aspects of
directly supervising a job function listed materials training’’ is also consistent training with the 2005 edition of the
in § 121.1001 or § 135.501 when he or with the way the term is used in 49 CFR ICAO TI and the IATA DGR standards.
she may be asked to fill in for a sick or part 172 subpart H, although under 2.B. Paragraph (b)—Under paragraph
absent worker or supervisor. The PHMSA’s rules, this term is not defined. (b), a certificate holder must develop an
certificate holder has the responsibility The NPRM proposed retaining an organized training program that will
to determine which employees meet the annual training requirement. However, build upon a person’s knowledge of
‘‘function specific’’ or ‘‘assigned’’ the FAA is amending this proposal in hazmat regulations, keep up with
requirements to mandate training. The the final rule to mandate recurrent current requirements, and focus on any
training requirements attach to the hazardous material training every 24 problem areas. This requirement is
actual job function performed or months, consistent with the ICAO TI consistent with current regulatory
directly supervised. and the IATA DGR. provisions. With certain exceptions,
The FAA has also removed the job 2. General Requirement to Train each crewmember and person
functions of ‘‘unloading’’ and ‘‘carriage’’ (§§ 121.1003 and 135.503) (proposed as performing or directly supervising a job
from the list of covered job functions in §§ 121.802 and 135.502))—In the function listed in § 121.1001 or
the final rule. This amendment brings NPRM, the FAA proposed mandating a § 135.501 will be required to receive
the job functions covered in the training ‘‘curriculum’’ for both will-carry and initial hazardous materials training
rule closely aligned with the 2005 will-not-carry certificate holders to prior to performing or directly
edition of the ICAO TI and the IATA improve the knowledge base of persons supervising that job function.
DGR hazmat training requirements. The supervising or performing a TRF. The 2.C. Paragraph (c)—Under paragraph
FAA does not believe that removing term ‘‘curriculum,’’ as used in the (c) the certificate holder must obtain
these terms from the list of covered NPRM was widely misunderstood. FAA approval of the hazmat training
functions adversely impacts safety. Upon further consideration, the FAA program prior to implementing the
First, the term ‘‘unloading’’ covers a job realizes that the term ‘‘content’’ would program. This requirement is consistent
function that actually removes the item have been a better description of the with the current training requirements
from the aircraft where it does not pose requirement. Actual curriculum in §§ 121.401 and 135.323.
a danger. Second, FAA’s research (content) would vary depending upon 3. Training Requirement
indicates that the personnel loading the the certificate holder’s hazmat (§§ 121.1005(a) and 135.505(a))
aircraft are the same as the personnel acceptance policy and the worker’s job (proposed as §§ 121.803 (a) and 135.503
unloading the aircraft. Since loading is function. Standards for will-not-carry (a))—Sections 121.1005(a) and
a covered job function, these persons operators require that both part 121 and 135.505(a) provide that no certificate
would be trained in accordance with the part 135 operators conduct training to holder can use any crewmember and
rule. Finally, if the unloaded cargo is assist those persons directly supervising person to directly supervise or perform
subsequently loaded onto another or performing a job function listed in a job function listed in § 121.1001 or
aircraft, then the person would need to § 121.1001 or § 135.501 to identify § 135.501, unless that person has
be trained. With regard to removing possible undeclared, as well as satisfactorily completed the certificated
‘‘carriage,’’ the FAA does not believe declared, hazmat. holder’s FAA-approved initial or
there is a safety issue since the term The training for will-carry operators recurrent hazardous materials training
essentially incorporates all of the listed covers two phases of training specified program within the past 24 months. A
job functions and is not a stand-alone by the HMRs—general awareness person is satisfactorily trained when
term. training and function-specific training. that person understands the relevant
1.B. Paragraph (b): Sections 121.1001 The type of hazmat training necessary training material and is capable of
(b) (proposed as § 121.801(b)) and depends upon the job function performing his or her job in compliance
135.501(b) set forth relevant definitions. performed or directly supervised. It is with both 49 CFR parts 171 through 180
Paragraph (b)(1) defines ‘‘Company the responsibility of the certificate and part 121, subpart Z, or part 135,
material (COMAT)’’ as material owned holder to ensure that the level of subpart K, as applicable.
or used by the certificate holder.’’ training is adequate and appropriate for A person who has not received this
COMAT is a term of art used in the each worker’s job function. The specific training cannot be used to directly
aviation industry. The FAA is using the level and duration of training is supervise or perform a job function
term to ensure that persons are trained determined by the certificate holder, not listed in § 121.1001 or § 135.501, unless
to understand that COMAT classified as the FAA. the conditions of an exception were
hazardous material must be marked, 2.A. Paragraph (a)—Sections satisfied.
labeled, and identified as hazmat, and 121.1003(a) and 135.503(a) (proposed as 4. New Hire/New Job Functions—
that there is no exception for the §§ 121.802(a) and 135.502(a)) require all (§§ 121.1005(b) and 135.505(b))
transport of hazardous material as hazmat training programs to include, at (proposed as §§ 121.803(b) and
COMAT for will-not-carry certificate a minimum, the requirements of 135.50(b))—The FAA proposed two
holders. In the final rule the FAA is not Appendix O of part 121. The training exceptions to the training requirements
changing this definition. programs will ensure that each contained in §§ 121.1005(a) and
Paragraph (b)(2) defines ‘‘initial crewmember and person directly 135.505(a). These exceptions apply to
hazardous material training.’’ The supervising or performing a job function persons who are new hires or who are
definition of ‘‘initial hazardous material listed in § 121.1001 or § 135.501 is changing job functions and have not
training’’ is consistent with the initial trained to comply with the applicable received the required initial or recurrent
hazmat training for the new job function listed in § 121.1001 or of the part 121 or 135 operator. The
function. The new hire/new job § 135.501 for, or on behalf of more than FAA is providing the following example
function exception applies only to one part 121 or part 135 operator. Under to help clarify the application of this
persons performing a job function this exception, a part 121 or part 135 exception.
involving storage incidental to operator using a person to directly Example B: Employees loading (a job
transport, or loading of items on the part supervise or perform a job function function listed in § 121.1001 or § 135.501) a
121 or part 135 operator’s aircraft for listed in § 121.1001 or § 135.501 need part 121 or part 135 operator’s aircraft for
transport. This exception could not be only train that person in its own transport perform work, including the job
used for persons performing or directly policies and procedures and any function of loading the aircraft, for 10 will-
supervising any other job function listed additional information not covered by carry certificate holders. Persons performing
in § 121.1001 or § 135.501 for, or on the other part 121 or part 135 operator’s any job function involving loading of a part
behalf of the part 121 or part 135 training program, in accordance with its 121 or a part 135 operator’s aircraft will have
operator. The new hire/new job function own hazardous materials training to be trained according to Appendix O
(proposed as Appendix N) of part 121 under
exception can be applied for a period of program. In the final rule, the FAA is the part 121 or part 135 operator’s FAA-
not more than 30 days from either the changing the term ‘‘authorized, approved hazmat training program. Then the
date of hire or, for a change of job knowledgeable person’’ to ‘‘person repair station employees will receive training
function, the date the person began designated to hold the records in the policies, procedures, and any
performing the new job function. representing the other certificate differences for each of the remaining nine
To use this exception, the person holder.’’ This change is necessary part 121 or part 135 operator’s training
would have to be under the direct visual because there are no standards a programs. The substantive requirements such
supervision of another properly trained certificate holder can apply to as marking, labeling, documentation, etc. in
employee authorized to directly determine who is an ‘‘authorized, the hazmat training programs are
supervise him or her by the part 121 or knowledgeable person.’’ However, a standardized by PHMSA’s HMRs, and vary
part 135 operator. The direct supervisor little among will-carry certificate holders.
certificate holder should have an The person required to be trained under the
must have successfully completed the individual responsible for maintaining FAA-approved training program would have
certificate holder’s approved initial or records. to receive this training every 24 months.
recurrent hazardous materials training The certificate holder can use this However, if a worker performed loading for
program. In addition, the certificate exception only if both of the following part 121 or part 135 will-not-carry certificate
holder must comply with the conditions are met: holders, the repair station could not use the
recordkeeping requirements in (1) The certificate holder using this exception to also perform loading or any
§ 121.1007(b) or § 135.507(b) (proposed exception receives written verification other job function listed in § 121.1001 or
as §§ 121.804(b) and 135.804(b)), as from the person designated to hold the § 135.501 for, or on behalf of, a will-carry
applicable. The direct supervisor must records representing the other certificate certificate holder, without the worker being
observe the untrained person’s holder for whom the person works that trained. The worker will have to complete
the hazmat training required under the will-
performance to ensure that the job the person has satisfactorily completed
carry certificate holder’s approved hazmat
function is performed in compliance that certificate holder’s required initial training program.
with both the FAA’s regulations and the or recurrent approved hazardous
DOT’s HMRs. Use of a video camera material training for that specific job The FAA believes that this exception
will not satisfy the direct visual function in the last 24 months. will help to minimize the training
supervision requirement. The (2) The certificate holder who trained burden. Given that the core of each
requirement for the supervisor-to- the person has the same will-carry or certificate holder’s hazmat training
worker ratio to be approved by the will-not-carry status listed in its program will be substantially the same;
principal operations inspector or the operations specifications as the the only differences will be a certificate
principal security inspector is being certificate holder using the exception. holder’s policies and procedures for
removed. The FAA has determined that This also applies to an employee who implementing the regulations.
the requirement for the supervisor to previously worked for a will-not-carry 6. Recurrent Training (§§ 121.1005(d)
visually observe the untrained person’s certificate holder providing any policy and 135.505(d)) (proposed as
performance provides sufficient differences are communicated to the §§ 121.803(d) and 135.503(d))—The
oversight. employee. definition of the term ‘‘recurrent
The new hire/new job function The NPRM contained an example for hazardous materials training’’ is similar
exception is similar to the exception in a repair station that was misunderstood. to the definition of ‘‘recurrent training’’
49 CFR 172.704(c)(1) for multi-modal The only repair station workers required used in part 121, subpart O, for flight
training in that it applies to new hires to be trained in the part 121 or part 135 and proficiency training. The FAA is
or persons changing job functions. operator’s FAA-approved training mandating that the recurrent hazmat
However, unlike the exception in 49 program are the repair station workers training be completed within 24 months
CFR, this exception is only valid for 30 performing or directly supervising a job while recurrent flight and proficiency
days from the date of employment or a function listed in § 121.1001 or training remains on an annual schedule.
change in job function. This is more § 135.501 for, or on behalf of the part Thus, all persons affected by this rule
limited than the new hire/new job 121 or 135 operator including loading are required to receive hazardous
function exception now in 49 CFR, the certificate holder’s aircraft for materials training every 24 months.
which applies for 90 days after transport. The requirement to train the However, a person may receive
employment or a change in job function. repair station workers who perform or recurrent hazardous material training
5. Persons Working for More Than directly supervise a job function listed earlier than it is due or before the end
One Certificate Holder (§§ 121.1005(c) in § 121.1001 or § 135.501 for, or on of the month after it is due. These
and 135.505(c)) (proposed as behalf of the part 121 or 135 operator is timing provisions are similar to those
§§ 121.803(c) and 135.503(c))—The not any different than training any other requirements currently contained in
second exception is in §§ 121.1005(c) contractor performing or directly § 121.433a(a). Therefore, if recurrent
and 135.505(c) and applies to workers supervising a job function listed in hazmat training is due in January, but
who directly supervise or perform a job § 121.1001 or § 135.501 for, or on behalf completed in February, it will be
considered as having been operating in foreign locations where for 90 days after the person stops
accomplished in January, and recurrent they are required to use persons directly supervising or performing a job
training would be due again before the working in that country to load aircraft function listed in § 121.1001 or
end of 24 months following January. can use persons even if they have not § 135.501.
The training is not considered out-of- received the required hazmat training, 9.C. Paragraph (c)—Under proposed
date until 31 days after the 24-month but only if they are under the direct §§ 121.804(c) and 135.504(c) the
anniversary of the last training. Section visual supervision of someone who has required information to be maintained
121.1005(d) states: ‘‘A person who received the required initial or recurrent was more specific than that required by
satisfactorily completes recurrent training. The current exception in 49 CFR 172.704(d). The FAA proposed
hazmat training in the calendar month § 121.433a applies to those persons that the records would have to contain
before or the calendar month after the loading and unloading an item onto an references to the individual’s job
month in which the training is due is aircraft. The job function of unloading function performed or supervised; dates
considered to have taken that training has been removed from this exception of each training course successfully
during the month in which it is due. If as it has been removed from the list of completed within the preceding three
the person completes this training covered job functions that require years; a statement signed and dated by
earlier than the month before it is due, hazmat training under this final rule. a person designated by the director of
the month of the completion date The current exception also includes the training; and a description of each
becomes the new anniversary date.’’ term ‘‘handling;’’ however, the FAA is training course successfully completed.
7. Notice to Repair Stations not including handling in the final rule In §§ 121.1007(c) and 135.507(c) of the
(§§ 121.1005(e) and 135.505(e)) because it may be confusing. The use of final rule, the FAA is aligning the
(proposed as §§ 121.803(e) and the term ‘‘handling’’ in the current CFR required contents for each record with
135.503(e))—Based on the NTSB’s refers to the handling that would be the ICAO TI, the IATA DGR, and 49
report on Valujet Flight 592 and the required during the loading of the CFR. Under the final rule, the records
FAA’s experience with repair stations, aircraft. Although the FAA is not must contain the individual’s name;
the FAA has concluded that there including this term in the final rule, the most recent training completion date; a
should be better communication FAA still recognizes that those people description, copy, or reference to
between repair stations and the part 121 who load must handle the cargo. The training materials used to meet the
and part 135 operators regarding the removal of the term ‘‘handling’’ is training requirement; name and address
will-carry or will-not-carry status of the necessary, however, to eliminate any of organization providing the training;
certificate holder. The NPRM proposed confusion over the breadth of the and a copy of the certification issued
to ensure this communication in, exception. when an individual was trained
§§ 121.1005(e) and 135.505(e) which 9. Recordkeeping Requirements (showing that a test was satisfactorily
required certificate holders to provide (§§ 121.1007 and 135.507) (proposed completed).
written notification of their will-carry or §§ 121.804 and 121.504). Both the ‘‘format’’ of the record
will-not-carry status and policies and 9.A. Paragraph (a)—Sections verifying completion of training and
procedures to each repair station that 121.1007(a) and 135.507(a) require each ‘‘who’’ records the verification would be
performed work on their behalf and that certificate holder to maintain training left to the operator. The recordkeeping
uses or replaces consumable materials, records of all initial and recurrent enables the FAA to monitor compliance
aircraft parts, or other items regulated hazmat training received within the with the hazmat training requirements.
by 49 CFR parts 171 through 180. The preceding 3 years for all job functions of However, to alleviate duplication of
repair stations covered by this persons listed in Appendix O (proposed recordkeeping, the FAA is changing the
requirement were viewed broadly by as Appendix N) of part 121 who directly final rule so that the required contents
many commenters because the language supervise or perform a job function are aligned with 49 CFR 172.704(d),
used in the NPRM was unclear. The listed in § 121.1001 or § 135.501 for 90 ICAO TI 1;4.2.4 and IATA DGR
FAA is therefore clarifying that the days after they stop directly supervising 1;1.5.4.1.
repair stations intended to be covered or performing the covered job function. 9.D. Paragraph (d)—Sections
under this rule are the repair stations This length of time is identical to that 121.1007(d) and 135.507(d) contain a
that perform work for, or on behalf of a required by 49 CFR 172.704(d). The recordkeeping requirement for a
part 121 or part 135 operators and are certificate holder is responsible for certificate holder using the new hire/
regulated by 49 CFR parts 171 through maintaining records for direct new job function exception. This
180. employees, contractors, subcontractors, requirement is necessary to monitor
The proposed rule also contained and any other person directly compliance with the new exception.
language that would have required the supervising or performing a job function Under the requirements of
certificate holder to make sure the repair listed in § 121.1001 or § 135.501 for, or §§ 121.1007(b) and 135.507(b), a
station was aware of the will-carry or on behalf of the part 121 or 135 certificate holder must maintain a
will-not-carry status of the certificate operator. Records may be maintained record that includes:
holder. The FAA is removing this electronically. (1) A signed statement from an
language in the final rule and replacing 9.B. Paragraph (b)—Paragraph (b) authorized representative of the
it with a requirement for the part 145 requires the certificate holder make the certificate holder authorizing the use of
certificate holder to acknowledge records available to the FAA upon the person in accordance with the
receipt of the notification. request at the location where the trained exception;
8. Foreign Locations (§§ 121.1005(f) person performs or directly supervises (2) The date of hire or change in job
and 135.505(f)) (proposed as the covered job function. Records must function;
§§ 121.803(f) and 135.503(f))—The be available at the location at which a (3) The person’s name and assigned
current exception in § 121.433a for person works and may be provided by job functions;
operators operating at a foreign location electronic means. This modification (4) The name of the supervisor of the
in §§ 121.1005(f) and 135.505(f) is aligns the provision with 49 CFR, the job function; and
maintained in the final rule. Under the ICAO TI, and the IATA DGR. The (5) The date the person is to receive
final rule, part 121 or part 135 operators records are required to be maintained and complete hazmat training in
accordance with Appendix O of part General awareness training is intended has the responsibility to determine the
121. to give general information and level of training required, the method of
guidance about the overall hazmat training, duration, type of testing
Part 121—Appendix O (Proposed as
regulations. Function-specific training is necessary, and the method of
Appendix N)—Hazardous Materials
intended to give an in-depth and recordkeeping. Thus, in the final rule,
Training Requirements for Certificate
detailed understanding of the the FAA is amending the proposed
Holders
regulations regarding a specific job requirement to test all persons through
The FAA notes that the lettering of function that the employee will a method that verifies comprehension of
the appendices in part 121 has changed perform. each subject area. The certificate holder
due to other rulemaking activity since The change adopted in the final rule must certify that a test has been
the NPRM was published. In the final reflects changes to the 2005 edition of completed satisfactorily.
rule, therefore, proposed Appendix N is the ICAO TI and the IATA DGR. The Under the final rule, part 121 and part
being adopted as Appendix O. FAA proposed a category of staff 135 operators will still need to provide
Many commenters disagreed with the approach consistent with the ICAO TI any operator-specific policies and
proposal to mandate curriculum for the and the IATA DGR at the time the procedures not specifically mentioned
certificate holder’s hazmat training NPRM was drafted. However, the 2005 in Appendix O. The FAA believes each
program. The FAA agrees and is closely edition of the ICAO TI adopts a task- certificate holder currently trains all
aligning the final rule with the training oriented approach, and this is the workers in its individual policies and
requirements in the 2005 edition of the approach the FAA is now adopting. The procedures, so this will not be an
ICAO TI and the IATA DGR. The 2005 edition of the ICAO TI additional requirement. If a certificate
certificate holders indicated that the recommended that dangerous goods holder’s training program differs from
ICAO TI standards are the best common training programs, approved by the the required format, that fact can be
reference point to facilitate the uniform, competent authorities, be established discussed with the FAA during the
seamless handling of hazmat in and maintained by or on behalf of approval process.
international air transport. By modifying persons with various responsibilities in The following examples are designed
the final rule to allow certificate holders processing cargo (not necessarily to clarify the application of hazmat
to develop their own training involving dangerous goods). The ICAO training.
curriculum, the FAA believes that the Dangerous Goods Panel determined that
need to provide model hazardous Example C: A will-carry certificate holder
persons handling only non-dangerous that accepts all hazmat allowed by regulation
material training programs has been goods should undertake dangerous will develop a training program to include all
diminished. goods training. Subsequent to the 2005 applicable topics or aspects identified in the
Consequently, the FAA is removing ICAO TI amendments being announced, table in Appendix O. The training must
the training modules from Appendix O. IATA adopted the same training provide both an in-depth appreciation of the
Table 1 ‘‘Operators That Transport requirement to be included in the 2005– whole subject and, policies and procedures
Hazardous Materials (Will-Carry 2006 IATA DGR. The IATA DGR reflects specific to the job function being performed.
Certificate Holders)’’ and Table 2 the industry standard practices or Depending on the responsibilities of the
‘‘Operators That Do Not Transport person, the aspects of training to be covered
operational considerations, including
Hazardous Materials (Will-Not-Carry may vary from those shown in Appendix O.
training for those employees and Example D: A will-carry certificate holder
Certificate Holders)’’ in Appendix O operators handling only non-dangerous that accepts hazmat, but has a prohibition on
will provide the minimum aspects to be goods. carrying radioactive material will develop a
covered in the certificate holder’s In Appendix O of part 121, the FAA training program to include all applicable
hazmat training program. These is using a matrix similar to the matrix topics or aspects identified in Table 1 in
minimum requirements will apply to in the ICAO TI Table 1–4 and the IATA Appendix O. This training must provide an
persons performing or directly DGR Table 1.5A. The matrix has seven in-depth appreciation of hazmat as a whole
supervising a job function listed in categories of personnel and 14 aspects and will contain an awareness of radioactive
§ 121.1001 or § 135.501 for, or on behalf of hazmat training. Since the categories material and knowledge of the policy of the
certificate holder’s prohibition against the
of the part 121 or part 135 operator. If and matrices are function-based, the transport of radioactive material for
a certificate holder’s FAA-approved required components in the training transportation. Depending on the
hazmat training program currently programs will be the same or similar to responsibilities of the person, the aspects of
contains the minimum requirements, no requirements for compliance with training to be covered may vary from those
changes will be required. ICAO, IATA, and 49 CFR. The aspects shown in Appendix O.
Will-not-carry certificate holders of training in Appendix O are Example E: A certificate holder’s worker
(both part 121 and part 135) will be designated subject matter relating to (applies to both will-carry and will-not-carry
required to conduct recognition training dangerous goods transport with which certificate holders) accepts small parcel cargo
to assist persons directly supervising or the various persons performing specific at the ticket counter. In addition to general
awareness training on the general philosophy
performing a job function covered in functions must be familiar. These are and limitations of hazmat, the person is
Appendix O Table 2 in identifying comparable to the ‘‘area of training’’ required to have training applicable to
discoverable undeclared hazmat offered listed in the tables of proposed passenger handling and cargo acceptance.
for shipment. Appendix N of the NPRM. The detailed Depending on the responsibilities of the
Will-carry certificate holders (both curriculum, previously proposed in person and whether or not hazardous
part 121 and part 135) are required to Modules 1 through 13 in the NPRM, are materials are accepted at that counter, the
cover the three phases of training removed in the final rule to allow the aspects of training to be covered may vary
specified by the HMRs—General certificate holder to use the functions from those shown in Appendix O.
awareness, function-specific, and safety being performed to determine the Example F: A will-not-carry certificate
holder that does not accept hazmat develops
training. The specific job function training commensurate with the a training program that includes all required
performed or directly supervised and personnel’s responsibilities taking into aspects or topics in Table 2 of Appendix O.
the certificate holder’s policies and account the requirements in Appendix This training must provide general
procedures will determine the level of O. Therefore, in the final rule, the FAA information and guidance to workers to give
training required under Appendix O. is clarifying that the certificate holder a general appreciation of the requirements.
Depending on the responsibilities of the Part 145—Repair Stations Section 145.165 Hazardous Materials
person, the aspects of training to be covered Training (Proposed as § 145.5)
may vary from those shown in Appendix O. Section 145.53 Issue of Certificate
(Proposed as § 145.11 (a)(5)) The FAA notes that the numbering of
Example G: When a part 121 or part 135
sections in part 145 has changed due to
operator, its subsidiary or agent offers a Section 145.57 Amendment to or
consignment of hazmat for air transport, the
the adoption of new rules since the
Transfer of a Certificate NPRM was published. Therefore,
certificate holder, subsidiary, or agent is a
shipper and must comply with shipper’s The FAA notes that the numbering of proposed § 145.5 is adopted as § 145.165
in the final rule.
responsibilities and training. This is sections in part 145 has changed due to
applicable even if the consignment is to be Section § 145.165 paragraph (a)
the adoption of new rules since the
transported on its own or another certificate (proposed as § 145.5(a)) provides a cross
NPRM was published. Therefore,
holder’s aircraft. reference to the hazardous materials
proposed § 145.11 (a)(5) is incorporated
training requirement in 49 CFR. By
into § 145.53 in the final rule.
Part 135—Hazardous Materials including this cross reference in part
The FAA continues to be concerned 145, the FAA is notifying all repair
Training Program (§§ 135.501 Through
about hazmat training provided to stations that they must carefully review
135.507) (Proposed as §§ 135.501
persons performing work at repair the hazardous properties of the items
Through 135.504) stations used by part 121 or part 135 with which they work to determine
The FAA notes that the numbering of operators. Repair stations workers that whether they are regulated by 49 CFR
sections in part 135 has changed due to perform work on behalf of part 121 or parts 171 through 180. If so, the repair
the adoption of new rules since the part 135 operators that are ‘‘hazmat station must establish and implement a
NPRM was published. In the final rule, employers’’ as defined by 49 CFR 171.8, hazardous materials training program as
therefore, sections in subpart K are currently must establish a hazmat currently required by 49 CFR part 172
renumbered accordingly. In addition, training program under 49 CFR part 172 subpart H.
subpart H. Historically, the FAA has In the final rule, the FAA is removing
the FAA is skipping numbers in
verified compliance with hazmat the language ‘‘uses or replaces aircraft
between sections to allow room for the
training requirements only after an components, uses or handles
addition of new sections in the future.
enforcement proceeding was initiated. consumable hazardous materials or
Therefore, sections in subpart K that other items regulated by 49 CFR parts
The FAA believes this regulation adopts
were proposed as §§ 135.501 through a pro-active approach. If the hazmat 171 through 180’’ to clarify that the
135.504 are renumbered as §§ 135.501 training requirements are not complied repair stations intended to be covered
through 135.507 in the final rule. with, the FAA will not issue the repair under this final rule are the repair
Currently, part 135 contains station’s certificate or rating. stations that perform work for, or on
exceptions for certificate holders who As revised in this final rule, § 145.53 behalf of a part 121 or part 135 operator
use only one pilot in their operations. (proposed as § 145.11(a)(5)) requires and are regulated by 49 CFR parts 171
Specifically, these certificate holders are part 145 certificate holders located through 180. A repair station may use or
excepted from the manual requirements within the United States to certify in handle hazardous materials without
in § 135.21. These certificate holders, writing that all hazmat employees (see placing those items in transportation.
however, will remain subject to the 49 CFR 171.8) for the repair station, its Thus only the repair stations that
hazmat training requirements in subpart perform functions regulated under 49
contractors, or subcontractors are
K. CFR parts 171–180 would be covered by
trained as required in 49 CFR part 172
this requirement.
All part 135 operators, including subpart H. Part 145 certificate holders
Many required items on aircraft are
single-pilot certificate holders, must located outside the United States must
regulated hazmat when shipped as
meet the hazmat training requirements certify in writing that all employees for
cargo. Examples include oxygen
in Appendix O of part 121. the repair station, its contractors, or
generators used to provide oxygen to
Additionally, those persons loading subcontractors performing a job passengers in the event of an
aircraft for these certificate holders must function involving the transport of emergency, and fuel control units for jet
have hazmat training that meets the dangerous goods (hazardous material) engines. Since the crash of Valujet
requirements of Appendix O of part 121, are trained as outlined in the most Flight 592, the FAA repeatedly has
including being informed of the current edition of the International Civil investigated incidents where oxygen
Aviation Organization Technical generators and fuel control units were
certificate holder’s restrictions and
Instructions for the Safe Transport of transported as cargo that were offered
limitations regarding the transport of
Dangerous Goods by Air. and accepted for air transportation
hazmat or meet the exception in
§ 135.505(b). This certification must be submitted improperly.
prior to the FAA’s issuing a part 145 While this regulation is designed to
The certificate holders with only one
certificate or rating. The certification help improve compliance and prevent
pilot do not have an approved hazmat also must be provided by the holder of these types of mistakes, the FAA is also
training program. These certificate a repair station certificate when clarifying the interplay of requirements
holders must be able to demonstrate applying for a change to its certificate. between FAA and DOT hazmat training
compliance with this hazmat training This includes a change to the location regulations. If a repair station is
rule and will have to continue to of the repair station, or a request to add performing the functions of a shipper
maintain records of training. In or amend a rating. Requiring a repair and preparing an item classified as a
addition, certificate holders conducting station to provide this certification hazardous material (including materials
operations that transport hazmat with imposes minimal additional shipped as COMAT) for shipment by
one pilot remain subject to DOT’s documentation as part of the application air, DOT’s hazmat training regulations
hazardous material training and for certification or rating process, but in 49 CFR part 172 H currently apply.
recordkeeping requirements in 49 CFR ensures that the applicant is aware of its If a person does not perform a job
part 172 subpart H. training responsibility under the HMRs. function listed in § 121.1001 or
§ 135.501 on behalf of the part 121 or the FAA is changing the words ‘‘notify part 135 operators to restructure their
part 135 operator, then that person does all workers’’ to ‘‘notify its employees, databases are as follows:
not have to be trained under the FAA’s contractors, or subcontractors that Large part 121 operators: 72 hours × 36
training regulations. However, if a repair handle or replace aircraft components or firms/$114,860
station worker performs a job function other items regulated by 49 CFR parts Small part 121 operators: 32 hours × 87
listed in § 121.1001 or § 135.501 for, or 171 through 180.’’ This language firms/$81,153
on behalf of the part 121 or 135 operator clarifies that all workers do not require Large part 135 operators: 72 hours × 3
then that person must be trained in notification. firms/$6,819
accordance with both DOT’s hazmat Small part 135 operators: 8 hours ×
training regulations and FAA’s hazmat VII. Regulatory Analysis and Notices
2,536 firms/$588,149
training regulations. VII.1. Paperwork Reduction Act Total: 25,880 hours/$790,981
The FAA believes the only job • The estimated annual hour and cost
function currently or previously An agency may not collect or sponsor
the collection of information, nor may it burden for years 1–10 for part 121 and
performed by repair stations that are not part 135 operators to restructure their
also affiliated with part 121 and part impose an information collection
requirement unless it displays a databases are as follows:
135 operators is the loading of the Large part 121 operators: 259.2 hours/
certificate holder’s aircraft for transport. currently valid Office of Management
and Budget (OMB) control number. As $11,486
Since any person currently loading the Small part 121 operators: 278.4 hours/
part 121 or part 135 operator’s aircraft required by the Paperwork Reduction
Act of 1995 (44 U.S.C. 3507(d)), the $8,115
would have to be trained under the Large part 135 operators: 21.6 hours/
FAA’s hazmat training requirements, FAA submitted a copy of the new
information collection requirements in $682
the repair station employee also would Small part 135 operators: 2,028.8 hours/
have to complete the required FAA this rule to the OMB for its review. OMB
approved the collection of this $58,815
hazmat training. Section 145.165(b) Total: 2,588 hours/$79,098
prohibits repair station workers from information and assigned OMB control
number 2120–0705. • The estimated annual hour and cost
directly supervising or performing a job
This rule was proposed in the Federal burden to part 121 operators and part
function listed in § 121.1001 or
Register of May 8, 2003. At that time, 135 operators to update their training
§ 135.501 for, or on behalf of the part
the FAA requested public comments on records is as follows:
121 or 135 operator unless those
persons have been trained in accordance the proposed information collection Part 121 operators: 1,052 hours/$20,071
with the part 121 or part 135 operator’s requirements. These comments, and the Part 135 operators: 2,617 hours/$1,939
FAA-approved hazardous material FAA’s responses, are discussed under Total: 3,669 hours/$22,010
training program applicable to that job ‘‘V.11. Recordkeeping Requirements.’’ • The estimated first-year hour and
function. The following is a summary of the full cost burden to part 121 operators and
‘‘Supporting Statement’’ of information part 135 operators to notify 145 repair
Section 145.206 Notification of collection requirements submitted to stations of their will-carry or will-not-
Hazardous Materials Authorizations OMB for review. The numbers in the carry statuses are as follows:
(Proposed as § 145.27) ‘‘Supporting Statement’’ are derived Part 121 operators: 4,386.8 hours/
The FAA notes that the numbering of from the full Economic Evaluation, $75,853
sections in part 145 has changed due to which is in the docket for this Part 135 operators: 2,792.9 hours/
the adoption of new rules since the rulemaking. $38,314
NPRM was published. In the final rule, • The estimated first-year hour and Total: 7,179.7 hours/$114,167
therefore, proposed § 145.27 is cost burdens to part 121 operators and • The estimated hour and cost burden
renumbered § 145.206 in the final rule. part 135 operators to revise their for years 1–10 to part 121 operators and
In addition, the section is divided into hazardous materials manuals are as part 135 operators to notify 145 repair
paragraphs (a) and (b), as discussed follows: stations of their will-carry or will-not-
below. Large part 121 operators: 408 hours/ carry statuses are as follows:
Section 145.206 (proposed as $27,299 Part 121 operators: 797.6 hours/$15,170
§ 145.27) requires each repair station to Small part 121 operators: 856 hours/ Part 135 operators: 507.8 hours/$7,663
notify repair station employees, its $36,988 Total: 1,305.4 hours/$22,833
contractors, or subcontractors that Large part 135 operators: 24 hours/ • The total estimated annual hour
handle or replace aircraft components or $1,037 and cost burdens to part 145 operators
other items regulated by 49 CFR parts Small part 135 operators: 12,624 hours/ to comply with §§ 145.53 and 145.206
171 through 180 of the will-carry or $365,970 are as follows:
will-not-carry status of the part 121 or Total: 13,912 hours/$431,294 440 hours/$87,560
part 135 operators for which the repair • The estimated annual manual
station does work. • All estimated annual burdens to
revision hour and cost burdens for years part 121 operators, part 135 operators,
In the final rule, the FAA is adding a
1–10 are as follows: and part 145 repair stations are as
requirement (as paragraph (a)) that the
repair stations must inform the part 121 Large part 121 operators: 40.8 hours/ follows:
or part 135 operator that it has received $2,730 Part 121 operators: 1,461.6 hours/
the required notification. This receipt Small part 121 operators: 85.6 hours/ $41,200
notification replaces the proposed $3,699 Part 135 operators: 3,823 hours/
requirement for the part 121 and part Large part 135 operators: 2.4 hours/$104 $103,861
135 operators to make sure that the Small part 135 operators: 1,262.4 hours/ Part 145 repair stations: 440 hours/
repair station is aware of its status. $36,597 $87,560
The language proposed in § 145.27 is Total: 1,391.2 hours/$43,130 Total: 5,724.6 hours/$232,621
adopted as paragraph (b) in the final • The estimated first-year hour and • Additional annual costs to part 121
rule, with modification. In the final rule, cost burden for part 121 operators and and part 135 operators that are not
already following the procedures expenditure by State, local, or tribal • 5% of employees of deficient part
required by the final rule for the governments, in the aggregate, or by the 121 carriers 1 will receive hazardous
collection of information are as follows: private sector, of $100 million or more materials training.
Large will-not-carry part 121 operators: annually (adjusted for inflation). • 10% of non-crewmember
$120,528 In conducting these analyses, FAA
employees of deficient part 135
Small will-not-carry part 121 operators: has determined this rule:
(1) Has benefits that justify its costs; carriers 1 will receive hazardous
$6,912 materials training.
Large will-not-carry part 135 operators: is a ‘‘significant regulatory action’’ as
$6,048 defined in section 3(f) of Executive • 5% of employees, of non-deficient
Small will-carry part 135 operators: Order 12866; and is ‘‘significant’’ as part 121 carriers,1 who have already
$8,100 defined in DOT’s Regulatory Policies received the necessary hazardous
Small will-not-carry part 135 operators: and Procedures; materials training, will receive that
$78,192 (2) Will not have a significant training every other year resulting in
Total: $219,780 economic impact on a substantial cost saving for their employer.
number of small entities;
VII.2. International Compatibility (3) Will not impact international • All crewmembers and 10% of
trade; and employees, of non-deficient part 135
In keeping with U.S. obligations
(4) Does not impose an unfunded carriers,1 who have already received the
under the Convention on International
Civil Aviation, it is FAA policy to mandate on state, local, or tribal necessary hazardous materials training,
comply with International Civil governments, or on the private sector. will receive that training every other
Aviation Organization (ICAO) Standards These analyses, available in the year resulting in cost savings for their
and Recommended Practices to the public docket for this rulemaking, are employer.
maximum extent practicable. The FAA summarized below. Changes in Cost Analysis From the
has reviewed the corresponding ICAO Cost Assumptions NPRM to the Final Rule
Standards and Recommended Practices
and has determined that differences • Discount rate: 7%. The NPRM costs were estimated to be
• Because there will be a 15-month
would affect U.S. aircraft operators only, $107.5 million ($75.8 million,
transition from the effective date of the
and therefore it is not necessary for the discounted) over a 10-year period. The
rule, the time horizon for this cost
FAA to file any differences with ICAO. final rule costs are estimated at $7.2
section is from 2006 through 2015.
Foreign carriers operating in the United • Monetary Values expressed in 2003 million ($5.0 million, discounted) over
States will not be affected by the rule. dollars. a 10-year period. This decrease in costs
• To calculate recurrent training is attributed to several changes made
VII.3. Economic Evaluation Summary
costs, the FAA assumes a 24-month from the issuance of the NPRM to the
Changes to Federal regulations must publication of this final rule.
cycle instead of the annual cycle used
undergo several economic analyses.
in the proposed rule. The 24-month As shown in the table below, the
First, Executive Order 12866 directs
cycle is consistent with ICAO/IATA majority of the cost reduction is due to
each Federal agency to propose or adopt
recommendations. aligning the training requirements to the
a regulation only upon a reasoned • Because hazmat training records are
determination that the benefits of the ICAO/IATA standards, reducing the
already kept electronically, updating number of employees at part 121 and
intended regulation justify its costs. these records with recurrent training
Second, the Regulatory Flexibility Act part 135 operators who will need to be
information every two years is estimated trained, and reducing the recurrent
of 1980 requires agencies to analyze the to take approximately five additional
economic impact of regulatory changes training requirements to every 24
minutes per employee in the final rule months instead of the every 12-month
on small entities. Third, the Trade instead of the 10 minutes per employee
Agreements Act (19 U.S.C. 2531–2533) requirement in the NPRM. Additionally,
estimated in the proposed rule. administrative costs were reduced
prohibits agencies from setting • The FAA assumes the cost of the
standards that create unnecessary significantly from the NPRM for part
IATA/FIATA International Cargo Agents
obstacles to the foreign commerce of the 121 and part 135 operators, largely due
training course to be $216, which
United States. In developing U.S. to the final rule allowing for electronic
includes training materials, an
standards, this Trade Act also requires recordkeeping.
examination fee, and a shipping fee.
agencies to consider international • The FAA assumes that training will 1 A deficient operator is an operator who is not
standards and, where appropriate, use be conducted based on a self-taught, already in compliance with the standards, while a
them as the basis of U.S. standards. independent study method (as all IATA/ non-deficient operator is an operator who is already
Fourth, the Unfunded Mandates Reform FIATA International Cargo Agents in compliance with the standards. This
Act of 1995 (Public Law 104–4) requires training courses are conducted) or based determination was based on the operators’
agencies to prepare a written assessment responses to the ‘‘Special Emphasis Review:
on computer-based training (CBT).
Hazardous Materials or Dangerous Goods Programs
of the costs, benefits, and other effects • The FAA assumes that many of and Requirements,’’ as summarized in Appendix A
of proposed or final rules that include these operators will maintain computer- of the full regulatory evaluation in the public
a Federal mandate likely to result in the based records. docket for this rulemaking.
Administrative Training
Change in Total
Alignment with
Recordkeeping population
ICAO/IATA estimates
Undiscounted
NPRM .............................................................................................................. $13,525,600 $91,565,900 $105,091,500

Final Rule ......................................................................................................... 220,107 4,608,915 4,829,022
Difference ......................................................................................................... 13,305,493 7,763,157 16,193,828 100,262,478
Discounted
NPRM .............................................................................................................. 9,294,000 64,523,400 73,817,400

Final Rule ......................................................................................................... 220,107 3,056,216 3,276,323
Difference ......................................................................................................... 9,073,893 44,064,820 17,402,364 70,541,077
Further, the NPRM estimated approximately $60.9 million. However, regulatory flexibility analysis as
significant training costs for repair there is a 15 percent probability (based described in the Act.
stations. The FAA has since learned that on the Poisson distribution) that the However, if an agency determines that
repair stations have stopped performing estimated benefits from avoiding these a proposed or final rule is not expected
job functions related to hazardous types of accidents could be $319.7 to have a significant economic impact
materials transport, including loading. million or higher over 10 years. The on a substantial number of small
However, this rule requires repair Poisson distribution model was used to entities, section 605(b) of the 1980 act
stations to train their employees, estimate the probability of experiencing provides that the head of the agency
contractors, and subcontractors if they potential rare incidents on board U.S. may so certify and a regulatory
are performing job functions related to air carriers over the next 10 years. The flexibility analysis is not required. The
hazardous materials transport for part Poisson distribution provides a realistic certification must include a statement
121 or part 135 carriers. Repair stations model for predicting rare and random providing the factual basis for this
that are hazmat employers will be phenomena. determination, and the reasoning should
required to train their employees so they The expected part 135 benefits of the be clear.
are in compliance with 49 CFR part 172, rule over 10 years from avoided The Small Business Administration
but that is not a cost of this rule. Repair accidents involving the carriage of (SBA) suggests that ‘‘small’’ entities can
stations that do not perform the listed hazardous materials will be be identified either on the basis of
job functions will not be required to approximately $3.4 million. However, employees or revenues. For this rule,
train their employees, so generally, the there is a 26 percent probability (based small entities are composed of two
only increased costs borne by repair on the Poisson distribution) of one or distinct groups: aircraft operators and
stations will be administrative. more fatal accidents and the estimated repair stations. The SBA suggests that
benefits from avoiding these types of aircraft operators with 1,500 or fewer
Costs of This Rulemaking employees are ‘‘small’’ entities. The
accidents will range between $6 million
The estimated cost to part 121, part and $25 million. SBA does not provide revenue
135 operators, and domestic part 145 information for firms with fewer than
repair stations to comply with the VII.4. Regulatory Flexibility 1,500 employees, but does provide data
administrative and training provisions Determination for firms with fewer than 500 and fewer
over a 10-year period are approximately than 20 employees. To determine the
$3.1 million ($2.1 million, discounted), The Regulatory Flexibility Act of 1980 impact of the proposed rule on the 87
$3.2 million ($2.3 million, discounted), (Act) establishes ‘‘as a principle of small part 121 operators and the 2,536
and $876,000 ($575,000, discounted), regulatory issuance that agencies shall small part 135 operators, the FAA has
respectively. The total costs of this endeavor, consistent with the objective estimated the annualized cost impact on
rulemaking are approximately, $7.2 of the rule and of applicable statutes, to these two categories of small entities
million ($5.0 million, discounted), over fit regulatory and informational separately, since the rule’s impacts
a 10-year period. requirements to the scale of the differ.
business, organization, and government The final rule is expected to impose
Cost Savings and Safety Benefits of This jurisdictions subject to regulation.’’ To an estimated cost of $2.1 million on the
Rulemaking achieve that principle, the Act requires 87 small part 121 operators over the
The cost savings over a 10-year period agencies to solicit and consider flexible next 10 years. The average annualized
are estimated at $70.8 million, or $44.1 regulatory proposals and to explain the cost per small operator is estimated at
million, discounted, of which ‘‘will rationale for their actions. The Act $2,600. However, the FAA estimates
carry’’ operators will realize cost savings covers a wide-range of small entities, that part 121 ‘‘will not carry’’ operators
of $37.4 million ($23.3 million, including small businesses, not-for- will incur all six cost elements and the
discounted) and ‘‘will not carry’’ profit organizations and small annualized cost to each of these entities
operators will realize cost savings of governmental jurisdictions. is estimated at $3,500. The costs to ‘‘will
$33.4 million ($20.8 million, Agencies must perform a review to carry’’ operators will be lower since less
discounted). determine whether a proposed or final training will be required. According to
The expected part 121 benefits of the rule will have a significant economic a Small Business Administration
rule over 10 years from avoided impact on a substantial number of small analysis of Bureau of Census data for
accidents involving the carriage of entities. If the determination is that it scheduled air transportation firms, firms
hazardous materials will be will, the agency must prepare a with fewer than 500 employees have
average revenues of $10.8 million. VII.5. International Trade Impact circumstances. The FAA has
(Source: http://www.SBA/gov/advo/ Assessment determined that this rulemaking action
stats. Data are not available for firms The Trade Agreement Act of 1979 qualifies for the categorical exclusion
with fewer than 1,500 employees. prohibits Federal agencies from identified in paragraph 312f of FAA
Presumably, the average revenue for engaging in any standards or related Order 1050.1E and involves no
firms with 1,500 employees would be activities that create unnecessary extraordinary circumstances.
higher than those firms with fewer than obstacles to the foreign commerce of the VII.9. Regulations That Significantly
500 employees.) Data are not available United States. Legitimate domestic Affect Energy Supply, Distribution, or
for firms with fewer than 1,500 objectives, such as safety, are not Use
employees. Presumably, the average considered unnecessary obstacles. The
revenue for firms with 1,500 employees statute also requires consideration of The FAA has analyzed this final rule
would be higher than those firms with international standards and where under Executive Order 13211, Actions
fewer than 500 employees. The appropriate, that they be the basis for Concerning Regulations that
estimated cost to each of the ‘‘will not U.S. standards. Significantly Affect Energy Supply,
carry’’ entities is only .032 of one In accordance with the above statute, Distribution, or Use (May 18, 2001). The
percent of the average revenue of $10.8 the FAA has assessed the potential FAA has determined that it is not a
million of these firms. The FAA does effect of this final rule and has ‘‘significant energy action’’ under the
not consider a cost of 0.032 of one determined that it will have the same executive order because it is not a
percent of revenues to be a significant impact on foreign sponsors as on ‘‘significant regulatory action’’ under
cost. Thus none of the 87 small part 121 domestic sponsors and, therefore, Executive Order 12866, and it is not
entities will incur a significant creates no obstacles to the foreign likely to have a significant adverse effect
economic impact in the form of higher commerce of the United States. on the supply, distribution, or use of
annual costs as the result of the final energy.
VII.6. Unfunded Mandates Assessment
rule. List of Subjects
The Unfunded Mandates Reform Act
The final rule is expected to impose of 1995 (the Act) is intended, among 14 CFR Part 119
an estimated cost of $3.1 million on the other things, to curb the practice of
2,536 small part 135 operators over the imposing unfunded Federal mandates Administrative practice and
next 10 years. The average annualized on State, local, and tribal governments. procedure, Air carriers, Aircraft,
cost per small 135 operator is estimated Title II of the Act requires each Federal Aviation safety, Charter flights,
at $150. The FAA does not consider agency to prepare a written statement Reporting and recordkeeping
$150 costs to be significant. Thus none assessing the effects of any Federal requirements.
of the small part 135 entities will incur mandate in a proposed or final agency 14 CFR Part 121
a significant economic impact in the rule that may result in an expenditure
form of higher annual costs as the result of $100 million or more (adjusted Air carriers, Aircraft, Airmen,
of the rule. Therefore, the FAA has annually for inflation) in any one year Aviation safety, Charter flights,
determined that this final rule will not by State, local, and tribal governments, Reporting and recordkeeping
have a significant impact on a in the aggregate, or by the private sector; requirements, Safety, Transportation.
substantial number of small part 121 or such a mandate is deemed to be a
part 135 operators. 14 CFR Part 135
‘‘significant regulatory action.’’ The
The SBA suggests that ‘‘small’’ repair FAA currently uses an inflation- Aircraft, Airmen, Aviation Safety,
stations can be identified as those firms adjusted value of $120.7 million in lieu Reporting and recordkeeping
with annual revenues of $5 million or of $100 million. requirements.
less. Research conducted for the FAA This final rule does not contain such
a mandate. The requirements of Title II 14 CFR Part 145
indicates that approximately 56 percent
of all repair stations meet this criterion. of the Act, therefore, do not apply. Aircraft, Aviation safety, Reporting
(‘‘An Analysis of International Trade VII.7. Executive Order 13132, and recordkeeping requirements.
Flows in Aircraft Repair Services’’ GRA Federalism The Amendments
Inc. Contract No. DTFA01–93–C–00066
The FAA has analyzed this final rule
Work Order 46 Figure 6, page 18.) The ■ In consideration of the foregoing, the
under the principles and criteria of
final rule is expected to impose an Federal Aviation Administration
Executive Order 13132, Federalism. The
estimated cost of $876,000 on the 2,006 amends chapter I of title 14, Code of
FAA determined that this action will
small independent domestic part 145 Federal Regulations as follows:
not have a substantial direct effect on
repair stations. The average annualized
the States, or the relationship between PART 119—CERTIFICATION: AIR
cost to the 62 small repair stations that
the national Government and the States, CARRIERS AND COMMERCIAL
incur both cost elements is estimated at
or on the distribution of power and OPERATORS
$76. The FAA considers this amount
responsibilities among the various
economically insignificant.
levels of government, and therefore does ■ 1. The authority citation for part 119
Therefore, the FAA has determined not have federalism implications. continues to read as follows:
that this final rule will not have a
significant impact on a substantial VII.8. Environmental Analysis Authority: 49 U.S.C. 106(g), 1153, 40101,
40102, 40103, 40113, 41721, 44105, 44106,
number of small entities. Accordingly, FAA Order 1050.1E identifies FAA
44111, 44701–44717, 44722, 44901, 44903,
pursuant to the Regulatory Flexibility actions that are categorically excluded 44904, 44906, 44912, 44914, 44936, 44938,
Act, 5 U.S.C. 605(b), the Federal from the preparation of an 46103, 46105.
Aviation Administration certifies that environmental assessment or
this final rule will not have a significant environmental impact statement under ■ 2. Amend part 119 by adding Special
economic impact on a substantial the National Environmental Policy Act Federal Aviation Regulation No. 99 as
number of small entities. in the absence of extraordinary follows:
Special Federal Aviation Regulation (1) Accepting shipment of hazardous have taken that training during the
No. 99—Hazardous Materials material regulated by 49 CFR to assure month it became due.
Regulations Governing Manual and proper packaging, marking, labeling, (b) Each certificate holder conducting
Training Requirements shipping documents, compatibility of operations under part 121 of this
1. Applicability. This Special Federal articles, and instructions for loading, chapter shall maintain a record of the
Aviation Regulation (SFAR) applies to storage, and handling; satisfactory completion of the initial and
all U.S. air carriers and commercial (2) Notification and reporting recurrent training given to
operators that are issued a certificate hazardous material incidents as crewmembers and ground personnel
under part 119 of this chapter on or required by 49 CFR; and who perform assigned duties and
(3) Notification of the pilot in responsibilities for the handling and
before November 7, 2005 to operate
command when there are hazardous carriage of hazardous materials.
under part 121 or part 135 of this
materials aboard, as required by 49 CFR. (c) When a certificate holder
chapter. For purposes of hazardous 5. Training Program. (a) Each conducting operations under part 121 of
materials training, these air carriers and certificate holder required to have a
commercial operators may comply with this chapter operates in a foreign
training program under § 121.401 of this country where the loading and
the provisions of this SFAR until its chapter shall establish, obtain the
expiration. Alternatively, they may unloading of aircraft must be performed
appropriate initial and final approval of, by personnel of the foreign country, that
comply with the provisions of part 121, and provide, a training program that
subpart Z, or part 135, subpart K, as certificate holder may use personnel not
meets the requirements of part 121, meeting the training requirements of
applicable. All other provisions of parts subpart O, and appendices E and F of
121 and 135 not affected by this rule paragraphs 5 (a) and 5 (b) of this SFAR
part 121 of this chapter. Each certificate if they are supervised by a person
remain applicable. holder required to have a training
2. Expiration. This Special Federal qualified under paragraphs 5 (a) and 5
program under § 121.401 of this chapter (b) of this SFAR to supervise the
Aviation Regulation expires on February
shall ensure that each crewmember, loading, offloading and handling of
7, 2007.
3. Definition. The term certificate aircraft dispatcher, flight instructor, and hazardous materials.
holder, as used in this SFAR, means a check airman, and each person assigned 7. Training requirements: Handling
person certificated in accordance with duties for the carriage and handling of and carriage of hazardous materials
part 119 subpart C, of this chapter and hazardous materials, is adequately under part 135.
operating under part 121 or part 135 of trained to perform his or her assigned (a) Except as provided in paragraph 7
this chapter. duties. (d) of this SFAR, no certificate holder
4. Manual Contents. (a) Each manual (b) Each certificate holder required to conducting operations under part 135 of
required by § 121.133 shall contain have a training program under § 135.341 this chapter may use any person to
procedures and information to assist of this chapter shall establish, obtain the perform, and no person may perform,
personnel to identify packages marked appropriate initial and final approval of, any assigned duties and responsibilities
or labeled as containing hazardous and provide a training program that for the handling or carriage of hazardous
materials and, if these materials are to meets the requirements of this SFAR. materials (as defined in 49 CFR 171.8),
be carried, stored, or handled, Each certificate holder required to have unless within the past year that person
procedures and instructions relating to a training program under § 135.341 of has satisfactorily completed initial or
the carriage, storage, or handling of this chapter shall ensure that each recurrent training in an appropriate
hazardous materials, including the crewmember, flight instructor, check training program established by the
following: airman, and each person assigned duties certificate holder, which includes
(1) Procedures for determining for the carriage and handling of instruction on—
whether the material is accompanied by hazardous materials (as defined in 49 (1) The proper shipper certification,
the proper shipper certification required CFR 171.8) is adequately trained to packaging, marking, labeling, and
by 49 CFR chapter I, subchapter C; perform their assigned duties. documentation for hazardous materials;
whether it is properly packed, marked, 6. Training requirements: Handling and
and labeled; whether it is accompanied and carriage of hazardous materials (2) The compatibility, loading,
by the proper shipping documents; and under part 121 of this chapter. storage, and handling characteristics of
whether requirements for compatibility (a) No certificate holder conducting hazardous materials.
of materials have been met. operations under part 121 of this (b) Each certificate holder conducting
(2) Instructions on the loading, chapter may use any person to perform operations under part 135 of this
storage, and handling. and no person may perform, any chapter, shall maintain a record of the
(3) Notification procedures for assigned duties and responsibilities for satisfactory completion of the initial and
reporting hazardous material incidents the handling or carriage of hazardous recurrent training given to
as required by 49 CFR chapter I, materials governed by 49 CFR, unless crewmembers and ground personnel
subchapter C. within the past year that person has who perform assigned duties and
(4) Instructions and procedures for the satisfactorily completed training in a responsibilities for the handling and
notification of the pilot in command program established and approved carriage of hazardous materials.
when there are hazardous materials under this SFAR, which includes (c) Each certificate holder, conducting
aboard, as required by 49 CFR chapter instructions regarding the proper operations under part 135 of this
I, subchapter C. packaging, marking, labeling, and chapter, that elects not to accept
(b) Each manual required by § 135.21 documentation of hazardous materials, hazardous materials shall ensure that
of this chapter shall contain procedures as required by 49 CFR, and instructions each crewmember is adequately trained
and instructions to enable personnel to regarding their compatibility, loading, to recognize those items classified as
recognize hazardous materials, as storage, and handling characteristics. A hazardous materials.
defined in 49 CFR, and if these person, who satisfactorily completes (d) If a certificate holder conducting
materials are to be carried, stored, or training in the calendar month before, or operations under part 135 of this
handled, procedures and instructions the calendar month after, the month in chapter operates into or out of airports
for: which it becomes due, is considered to at which trained employees or contract
personnel are not available, it may use (E) Packaging of company material; or § 121.433a [Removed]
persons not meeting the requirements of (F) Loading. ■ 7. Remove § 121.433a.
paragraph 7 (a) or 7 (b) of this SFAR to (ii) Ensure that the procedures and ■ 8. Add subpart Z, consisting of
load, offload, or otherwise handle information described in this paragraph §§ 121.1001 through 121.1007, to read
hazardous materials if these persons are are sufficient to assist the person in as follows:
supervised by a crewmember who is identifying packages that are marked or
qualified under paragraphs 7 (a) and 7 labeled as containing hazardous Subpart Z—Hazardous Materials
(b) of this SFAR. materials or that show signs of Training Program
■ 3. Amend § 119.49 by redesignating containing undeclared hazardous
paragraphs (a)(13), (b)(13), and (c)(12) as materials. The procedures and Sec.
121.1001 Applicability and definitions.
paragraphs (a)(14), (b)(14), and (c)(13) information must include:
121.1003 Hazardous materials training:
respectively, and adding new (A) Procedures for rejecting packages General.
paragraphs (a)(13), (b)(13), and (c)(12) to that do not conform to the Hazardous 121.1005 Hazardous materials training
read as follows: Materials Regulations in 49 CFR parts required.
171 through 180 or that appear to 121.1007 Hazardous materials training
§ 119.49 Contents of operations
contain undeclared hazardous materials; records.
specifications.
(B) Procedures for complying with the
(a) * * * hazardous materials incident reporting
§ 121.1001 Applicability and definitions.
(13) An authorization permitting, or a (a) This subpart prescribes the
requirements of 49 CFR 171.15 and
prohibition against, accepting, handling, requirements applicable to each
171.16 and discrepancy reporting
and transporting materials regulated as certificate holder for training each
requirements of 49 CFR 175.31
hazardous materials in transport under crewmember and person performing or
(C) The certificate holder’s hazmat
49 CFR parts 171 through 180. directly supervising any of the following
policies and whether the certificate
* * * * * holder is authorized to carry, or is job functions involving any item for
(b) * * * prohibited from carrying, hazardous transport on board an aircraft:
(13) An authorization permitting, or a materials; and (1) Acceptance;
prohibition against, accepting, handling, (2) Rejection;
(D) If the certificate holder’s (3) Handling;
and transporting materials regulated as
operations specifications permit the (4) Storage incidental to transport;
hazardous materials in transport under
transport of hazardous materials, (5) Packaging of company material; or
49 CFR parts 171 through 180.
procedures and information to ensure (6) Loading.
* * * * * the following:
(c) * * * (b) Definitions. For purposes of this
(1) That packages containing subpart, the following definitions apply:
(12) An authorization permitting, or a hazardous materials are properly offered
prohibition against, accepting, handling, (1) Company material (COMAT)—
and accepted in compliance with 49 Material owned or used by a certificate
and transporting materials regulated as CFR parts 171 through 180;
hazardous materials in transport under holder.
(2) That packages containing (2) Initial hazardous materials
49 CFR parts 171 through 180.
hazardous materials are properly training—The basic training required for
* * * * * handled, stored, packaged, loaded, and each newly hired person, or each person
carried on board an aircraft in changing job functions, who performs or
PART 121—OPERATING
compliance with 49 CFR parts 171 directly supervises any of the job
REQUIREMENTS: DOMESTIC FLAG,
through 180; functions specified in paragraph (a) of
AND SUPPLEMENTAL OPERATIONS
(3) That the requirements for Notice to this section.
■ 4. The authority citation for part 121 the Pilot in Command (49 CFR 175.33) (3) Recurrent hazardous materials
continues to read as follows: are complied with; and training—The training required every 24
(4) That aircraft replacement parts, months for each person who has
Authority: 49 U.S.C. 106(g), 40113, 40119,
41706, 44101, 44701–44702, 44705, 44709– consumable materials or other items satisfactorily completed the certificate
44711, 44713, 44716–44717, 44722, 44901, regulated by 49 CFR parts 171 through holder’s approved initial hazardous
44903–44904, 44912, 45101–45105, 46105, 180 are properly handled, packaged, materials training program and performs
46301. and transported. or directly supervises any of the job
* * * * * functions specified in paragraph (a) of
■ 5. Amend § 121.135 by revising the this section.
■ 6. Amend § 121.401 by revising
section heading and paragraph (b)(23) to paragraph (a)(1) to read as follows: § 121.1003 Hazardous materials training:
read as follows:
General.
§ 121.401 Training program: General.
§ 121.135 Manual contents. (a) Each certificate holder must
(a) * * * establish and implement a hazardous
* * * * *
(b) * * * (1) Establish and implement a training materials training program that:
(23)(i) Procedures and information, as program that satisfies the requirements (1) Satisfies the requirements of
described in paragraph (b)(23)(ii) of this of this subpart and appendices E and F Appendix O of this part;
section, to assist each crewmember and of this part and that ensures that each (2) Ensures that each person
person performing or directly crewmember, aircraft dispatcher, flight performing or directly supervising any
supervising the following job functions instructor and check airman is of the job functions specified in
involving items for transport on an adequately trained to perform his or her § 121.1001(a) is trained to comply with
aircraft: assigned duties. Prior to all applicable parts of 49 CFR parts 171
(A) Acceptance; implementation, the certificate holder through 180 and the requirements of
(B) Rejection; must obtain initial and final FAA this subpart; and
(C) Handling; approval of the training program. (3) Enables the trained person to
(D) Storage incidental to transport; * * * * * recognize items that contain, or may
contain, hazardous materials regulated function under the other certificate the person performs or directly
by 49 CFR parts 171 through 180. holder’s FAA approved hazardous supervises any of those job functions,
(b) Each certificate holder must material training program under and for 90 days thereafter. These
provide initial hazardous materials Appendix O of this part; and training records must be kept for direct
training and recurrent hazardous (2) The certificate holder who trained employees of the certificate holder, as
materials training to each crewmember the person has the same operations well as independent contractors,
and person performing or directly specifications regarding the acceptance, subcontractors, and any other person
supervising any of the job functions handling, and transport of hazardous who performs or directly supervises
specified in § 121.1001(a). materials as the certificate holder using these job functions for or on behalf of
(c) Each certificate holder’s hazardous this exception. the certificate holder.
materials training program must be (d) Recurrent hazardous materials (b) Location of records. The certificate
approved by the FAA prior to training—Completion date. A person holder must retain the training records
implementation. who satisfactorily completes recurrent required by paragraph (a) of this section
hazardous materials training in the for all initial and recurrent training
§ 121.1005 Hazardous materials training calendar month before, or the calendar
required. received within the preceding 3 years
month after, the month in which the for all persons performing or directly
(a) Training requirement. Except as recurrent training is due, is considered supervising the job functions listed in
provided in paragraphs (b), (c) and (f) of to have taken that training during the Appendix O at a designated location.
this section, no certificate holder may month in which it is due. If the person The records must be available upon
use any crewmember orperson to completes this training earlier than the request at the location where the trained
perform any of the job functions or month before it is due, the month of the person performs or directly supervises
direct supervisory responsibilities, and completion date becomes his or her new the job function specified in
no person may perform any of the job anniversary month. § 121.1001(a). Records may be
functions or direct supervisory (e) Repair stations. A certificate maintained electronically and provided
responsibilities, specified in holder must ensure that each repair on location electronically. When the
§ 121.1001(a) unless that person has station performing work for, or on the person ceases to perform or directly
satisfactorily completed the certificate certificate holder’s behalf is notified in supervise a hazardous materials job
holder’s FAA-approved initial or writing of the certificate holder’s function, the certificate holder must
recurrent hazardous materials training policies and operations specification retain the hazardous materials training
program within the past 24 months. authorization permitting or prohibition
(b) New hire or new job function. A records for an additional 90 days and
against the acceptance, rejection, make them available upon request at the
person who is a new hire and has not handling, storage incidental to
yet satisfactorily completed the required last location where the person worked.
transport, and transportation of (c) Content of records. Each record
initial hazardous materials training, or a hazardous materials, including must contain the following:
person who is changing job functions company material. This notification (1) The individual’s name;
and has not received initial or recurrent requirement applies only to repair (2) The most recent training
training for a job function involving stations that are regulated by 49 CFR completion date;
storage incidental to transport, or parts 171 through 180. (3) A description, copy or reference to
loading of items for transport on an (f) Certificate holders operating at training materials used to meet the
aircraft, may perform those job foreign locations. This exception applies training requirement;
functions for not more than 30 days if a certificate holder operating at a (4) The name and address of the
from the date of hire or a change in job foreign location where the country organization providing the training; and
function, if the person is under the requires the certificate holder to use (5) A copy of the certification issued
direct visual supervision of a person persons working in that country to load when the individual was trained, which
who is authorized by the certificate aircraft. In such a case, the certificate shows that a test has been completed
holder to supervise that person and who holder may use those persons even if satisfactorily.
has successfully completed the they have not been trained in (d) New hire or new job function. Each
certificate holder’s FAA-approved accordance with the certificate holder’s certificate holder using a person under
initial or recurrent training program FAA approved hazardous materials the exception in § 121.1005(b) must
within the past 24 months. training program. Those persons, maintain a record for that person. The
(c) Persons who work for more than however, must be under the direct records must be available upon request
one certificate holder. A certificate visual supervision of someone who has at the location where the trained person
holder that uses or assigns a person to successfully completed the certificate performs or directly supervises the job
perform or directly supervise a job holder’s approved initial or recurrent function specified in § 121.1001(a).
function specified in § 121.1001(a), hazardous materials training program in Records may be maintained
when that person also performs or accordance with this part. This electronically and provided on location
directly supervises the same job exception applies only to those persons electronically. The record must include
function for another certificate holder, who load aircraft. the following:
need only train that person in its own (1) A signed statement from an
policies and procedures regarding those § 121.1007 Hazardous materials training authorized representative of the
job functions, if all of the following are records. certificate holder authorizing the use of
met: (a) General requirement. Each the person in accordance with the
(1) The certificate holder using this certificate holder must maintain a exception;
exception receives written verification record of all training required by this (2) The date of hire or change in job
from the person designated to hold the part received within the preceding three function;
training records representing the other years for each person who performs or (3) The person’s name and assigned
certificate holder that the person has directly supervises a job function job function;
satisfactorily completed hazardous specified in § 121.1001(a). The record (4) The name of the supervisor of the
materials training for the specific job must be maintained during the time that job function; and
(5) The date the person is to complete 121, subpart Z, and part 135, subpart K of hazardous materials (will-not-carry) must
hazardous materials training in this chapter. The training requirements for follow the curriculum prescribed in Table 2.
accordance with appendix O of this various categories of persons are defined by The method of delivering the training will be
part. job function or responsibility. An ‘‘X’’ in a determined by the certificate holder. The
box under a category of persons indicates certificate holder is responsible for providing
Appendix N—[Reserved] that the specified category must receive the a method (may include email,
noted training. All training requirements
■ 8.A. Add and reserve Appendix N. telecommunication, etc.) to answer all
apply to direct supervisors as well as to
■ 9. Add Appendix O to read as follows: questions prior to testing regardless of the
persons actually performing the job function.
Training requirements for certificate holders method of instruction. The certificate holder
Appendix O—Hazardous Materials must certify that a test has been completed
Training Requirements For Certificate authorized in their operations specifications
to transport hazardous materials (will-carry) satisfactorily to verify understanding of the
Holders regulations and requirements.
are prescribed in Table 1. Those certificate
This appendix prescribes the requirements holders with a prohibition in their operations BILLING CODE 4910–13–P
for hazardous materials training under part specifications against carrying or handling
ER07OC05.000</GPH>
ER07OC05.001</GPH>
ER07OC05.002</GPH>
BILLING CODE 4910–13–C 171.16 and discrepancy reporting must obtain initial and final FAA
requirements of 49 CFR 175.31. approval of the training program.
PART 135—OPERATING
REQUIREMENTS: COMMUTER AND (iii) The certificate holder’s hazmat * * * * *
ON-DEMAND OPERATIONS policies and whether the certificate
holder is authorized to carry, or is § 135.333 [Removed]
■ 10. The authority citation for part 135 prohibited from carrying, hazardous ■ 13. Remove § 135.333.
continues to read as follows: materials; and ■ 14. Add subpart K, consisting of
Authority: 49 U.S.C. 106(g), 41706, 44113, (iv) If the certificate holder’s §§ 135.501 through 135.507, to read as
44701–44702, 44705, 44709, 44711–44713, operations specifications permit the follows:
44715–44717, 44722. transport of hazardous materials,
procedures and information to ensure Subpart K—Hazardous Materials
■ 11. Amend § 135.23 by revising the following: Training Program
paragraph (p) to read as follows:
(A) That packages containing Sec.
§ 135.23 Manual contents. hazardous materials are properly offered 135.501 Applicability and definitions.
and accepted in compliance with 49 135.503 Hazardous materials training:
* * * * *
CFR parts 171 through 180; General.
(p)(1) Procedures and information, as 135.505 Hazardous materials training
described in paragraph (p)(2) of this (B) That packages containing required.
section, to assist each crewmember and hazardous materials are properly 135.507 Hazardous materials training
person performing or directly handled, stored, packaged, loaded and records.
supervising the following job functions carried on board an aircraft in
involving items for transport on an compliance with 49 CFR parts 171 § 135.501 Applicability and definitions.
aircraft: through 180; (a) This subpart prescribes the
(i) Acceptance; (C) That the requirements for Notice requirements applicable to each
(ii) Rejection; to the Pilot in Command (49 CFR certificate holder for training each
(iii) Handling; 175.33) are complied with; and crewmember and person performing or
(iv) Storage incidental to transport; directly supervising any of the following
(D) That aircraft replacement parts,
(v) Packaging of company material; or job functions involving any item for
consumable materials or other items
(vi) Loading. transport on board an aircraft:
regulated by 49 CFR parts 171 through (1) Acceptance;
(2) Ensure that the procedures and 180 are properly handled, packaged, (2) Rejection;
information described in this paragraph and transported. (3) Handling;
are sufficient to assist a person in * * * * * (4) Storage incidental to transport;
identifying packages that are marked or (5) Packaging of company material; or
labeled as containing hazardous ■ 12. Amend § 135.323 by revising (6) Loading.
materials or that show signs of paragraph (a)(1) as follows: (b) Definitions. For purposes of this
containing undeclared hazardous § 135.323 Training program: General. subpart, the following definitions apply:
materials. The procedures and (1) Company material (COMAT)—
information must include: (a) * * * Material owned or used by a certificate
(i) Procedures for rejecting packages (1) Establish and implement a training holder.
that do not conform to the Hazardous program that satisfies the requirements (2) Initial hazardous materials
Materials Regulations in 49 CFR parts of this subpart and that ensures that training—The basic training required for
171 through 180 or that appear to each crewmember, aircraft dispatcher, each newly hired person, or each person
contain undeclared hazardous materials; flight instructor and check airman is changing job functions, who performs or
(ii) Procedures for complying with the adequately trained to perform his or her directly supervises any of the job
hazardous materials incident reporting assigned duties. Prior to functions specified in paragraph (a) of
ER07OC05.003</GPH>
requirements of 49 CFR 171.15 and implementation, the certificate holder this section.
(3) Recurrent hazardous materials direct visual supervision of a person persons working in that country to load
training—The training required every 24 who is authorized by the certificate aircraft. In such a case, the certificate
months for each person who has holder to supervise that person and who holder may use those persons even if
satisfactorily completed the certificate has successfully completed the they have not been trained in
holder’s approved initial hazardous certificate holder’s FAA-approved accordance with the certificate holder’s
materials training program and performs initial or recurrent training program FAA approved hazardous materials
or directly supervises any of the job within the past 24 months. training program. Those persons,
functions specified in paragraph (a) of (c) Persons who work for more than however, must be under the direct
this section. one certificate holder. A certificate visual supervision of someone who has
holder that uses or assigns a person to successfully completed the certificate
§ 135.503 Hazardous materials training: perform or directly supervise a job holder’s approved initial or recurrent
General. function specified in § 135.501(a), when hazardous materials training program in
(a) Each certificate holder must that person also performs or directly accordance with this part. This
establish and implement a hazardous supervises the same job function for exception applies only to those persons
materials training program that: another certificate holder, need only who load aircraft.
(1) Satisfies the requirements of train that person in its own policies and
Appendix O of part 121 of this part; procedures regarding those job § 135.507 Hazardous materials training
(2) Ensures that each person functions, if all of the following are met: records.
performing or directly supervising any (1) The certificate holder using this (a) General requirement. Each
of the job functions specified in exception receives written verification certificate holder must maintain a
§ 135.501(a) is trained to comply with from the person designated to hold the record of all training required by this
all applicable parts of 49 CFR parts 171 training records representing the other part received within the preceding three
through 180 and the requirements of certificate holder that the person has years for each person who performs or
this subpart; and satisfactorily completed hazardous directly supervises a job function
(3) Enables the trained person to materials training for the specific job specified in § 135.501(a). The record
recognize items that contain, or may function under the other certificate must be maintained during the time that
contain, hazardous materials regulated holder’s FAA approved hazardous the person performs or directly
by 49 CFR parts 171 through 180. material training program under supervises any of those job functions,
(b) Each certificate holder must appendix O of part 121 of this chapter; and for 90 days thereafter. These
provide initial hazardous materials and training records must be kept for direct
training and recurrent hazardous (2) The certificate holder who trained employees of the certificate holder, as
materials training to each crewmember the person has the same operations well as independent contractors,
and person performing or directly specifications regarding the acceptance, subcontractors, and any other person
supervising any of the job functions handling, and transport of hazardous who performs or directly supervises
specified in § 135.501(a). materials as the certificate holder using these job functions for the certificate
(c) Each certificate holder’s hazardous this exception. holder.
materials training program must be (d) Recurrent hazardous materials (b) Location of records. The certificate
approved by the FAA prior to training—Completion date. A person holder must retain the training records
implementation. who satisfactorily completes recurrent required by paragraph (a) of this section
hazardous materials training in the for all initial and recurrent training
§ 135.505 Hazardous materials training calendar month before, or the calendar received within the preceding 3 years
required. month after, the month in which the for all persons performing or directly
(a) Training requirement. Except as recurrent training is due, is considered supervising the job functions listed in
provided in paragraphs (b), (c) and (f) of to have taken that training during the Appendix O of part 121 of this chapter
this section, no certificate holder may month in which it is due. If the person at a designated location. The records
use any crewmember or person to completes this training earlier than the must be available upon request at the
perform any of the job functions or month before it is due, the month of the location where the trained person
direct supervisory responsibilities, and completion date becomes his or her new performs or directly supervises the job
no person may perform any of the job anniversary month. function specified in § 135.501(a).
functions or direct supervisory (e) Repair stations. A certificate Records may be maintained
responsibilities, specified in holder must ensure that each repair electronically and provided on location
§ 135.501(a) unless that person has station performing work for, or on the electronically. When the person ceases
satisfactorily completed the certificate certificate holder’s behalf is notified in to perform or directly supervise a
holder’s FAA-approved initial or writing of the certificate holder’s hazardous materials job function, the
recurrent hazardous materials training policies and operations specification certificate holder must retain the
program within the past 24 months. authorization permitting or prohibition hazardous materials training records for
(b) New hire or new job function. A against the acceptance, rejection, an additional 90 days and make them
person who is a new hire and has not handling, storage incidental to available upon request at the last
yet satisfactorily completed the required transport, and transportation of location where the person worked.
initial hazardous materials training, or a hazardous materials, including (c) Content of records. Each record
person who is changing job functions company material. This notification must contain the following:
and has not received initial or recurrent requirement applies only to repair (1) The individual’s name;
training for a job function involving stations that are regulated by 49 CFR (2) The most recent training
storage incidental to transport, or parts 171 through 180. completion date;
loading of items for transport on an (f) Certificate holders operating at (3) A description, copy or reference to
aircraft, may perform those job foreign locations. This exception applies training materials used to meet the
functions for not more than 30 days if a certificate holder operating at a training requirement;
from the date of hire or a change in job foreign location where the country (4) The name and address of the
function, if the person is under the requires the certificate holder to use organization providing the training; and
(5) A copy of the certification issued the requirements of this part based on 49 CFR 171.8 must have a hazardous
when the individual was trained, which a certification from the civil aviation materials training program that meets
shows that a test has been completed authority of that country. This the training requirements of 49 CFR part
satisfactorily. certification must be made in 172 subpart H.
(d) New hire or new job function. Each accordance with implementation
(b) A repair station employee may not
certificate holder using a person under procedures signed by the Administrator
the exception in § 135.505(b) must perform or directly supervise a job
or the Administrator’s designee.
maintain a record for that person. The (c) Before a repair station certificate function listed in § 121.1001 or
records must be available upon request can be issued for a repair station that is § 135.501 for, or on behalf of the part
at the location where the trained person located within the United States, the 121 or 135 operator including loading of
performs or directly supervises the job applicant shall certify in writing that all items for transport on an aircraft
function specified in § 135.501(a). ‘‘hazmat employees’’ (see 49 CFR 171.8) operated by a part 121 or part 135
Records may be maintained for the repair station, its contractors, or certificate holder unless that person has
electronically and provided on location subcontractors are trained as required in received training in accordance with the
electronically. The record must include 49 CFR part 172 subpart H. part 121 or part 135 operator’s FAA
the following: (d) Before a repair station certificate approved hazardous materials training
(1) A signed statement from an can be issued for a repair station that is program.
authorized representative of the located outside the United States, the
■ 19. Add § 145.206 to read as follows:
certificate holder authorizing the use of applicant shall certify in writing that all
the person in accordance with the employees for the repair station, its § 145.206 Notification of hazardous
exception; contractors, or subcontractors materials authorizations.
(2) The date of hire or change in job performing a job function concerning
function; the transport of dangerous goods (a) Each repair station must
(3) The person’s name and assigned (hazardous material) are trained as acknowledge receipt of the part 121 or
job function; outlined in the most current edition of part 135 operator notification required
(4) The name of the supervisor of the the International Civil Aviation under §§ 121.905(e) and 135.505(e) of
job function; and Organization Technical Instructions for this chapter prior to performing work
(5) The date the person is to complete the Safe Transport of Dangerous Goods for, or on behalf of that certificate
hazardous materials training in by Air. holder.
accordance with Appendix O of part ■ 17. Amend 145.57 by revising (b) Prior to performing work for or on
121 of this chapter. paragraph (a) to read as follows: behalf of a part 121 or part 135 operator,
PART 145—REPAIR STATIONS each repair station must notify its
§ 145.57 Amendment to or transfer of
certificate. employees, contractors, or
■ 15. The authority citation for part 145 (a) The holder of a repair station subcontractors that handle or replace
continues to read as follows: certificate must apply for a change to its aircraft components or other items
Authority: 49 U.S.C. 106(g), 40113, 44701– certificate in a format acceptable to the regulated by 49 CFR parts 171 through
44702, 44707, 44717. Administrator. A change to the 180 of each certificate holder’s
certificate must include certification in operations specifications authorization
■ 16. Revise § 145.53 to read as follows:
compliance with § 145.53(c) or (d), if permitting, or prohibition against,
§ 145.53 Issue of certificate. not previously submitted. A certificate carrying hazardous materials. This
(a) Except as provided in paragraph change is necessary if the certificate notification must be provided
(b), (c), or (d) of this section, a person holder— subsequent to the notification by the
who meets the requirements of this part (1) Changes the location of the repair part 121 or part 135 operator of such
is entitled to a repair station certificate station, or operations specifications authorization/
with appropriate ratings prescribing (2) Requests to add or amend a rating. designation.
such operations specifications and * * * * * Issued in Washington, DC, on September
limitations as are necessary in the ■ 18. Add § 145.165 to subpart D to read 18, 2005.
interest of safety. as follows: Marion C. Blakey,
(b) If the person is located in a
country with which the United States § 145.165 Hazardous materials training. Administrator.
has a bilateral aviation safety agreement, (a) Each repair station that meets the [FR Doc. 05–19659 Filed 10–6–05; 8:45 am]
the FAA may find that the person meets definition of a hazmat employer under BILLING CODE 4910–13–P

Rule: Air Carrier Certification and Operations: Hazardous Materials Training Requirements

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Rule: Air Carrier Certification and Operations: Hazardous Materials Training Requirements

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Friday,

14 CFR Parts 119, 121, 135, and 145

FAA Response amendments to the recordkeeping in §§ 121.1001 or 135.501 for, or on

NPRM .............................................................................................................. $13,525,600 $91,565,900 $105,091,500

NPRM .............................................................................................................. 9,294,000 64,523,400 73,817,400

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