Hazardous Materials Regulations: Letter of Interpretation for Part 91 Operators

Over the last two years, we've all become accustomed to changing or shifting rules in many aspects of our lives. We've all had to remain flexible and diligent in knowing and following the latest guidance and rules across the board to ensure the safety of not only ourselves, but others as well. The business aviation community is no exception to this pattern of change. In fact, we would argue that as pilots and operators, we have a particularly unique urgency to adapt appropriately in ways that allow us to continue to operate both safely and within all prescribed regulations.

The Hazardous Materials Regulation (HMR) is one of these regulations that can sometimes be difficult to interpret. In a June 2020 blog post, we discussed the particularly tricky use and transportation of both liquid and gel hand sanitizers as hazardous materials, given their popularity and soaring use during the COVID-19 pandemic.

We do know that if you are a Part 91 operator, the HMRs DO apply, but not if you own and fly your own airplane for personal use. Under previous interpretations from the Pipeline and Hazardous Materials Safety Administration (PHMSA), the definition of "in commerce" included any time an aircraft owner pays any pilot to operate it or if you are flying your own airplane and put your employees onboard to fly to a corporate function. If pilots are getting paid to fly an airplane they don't own, then the entire set of HMRs apply to that flight.

Since change is the only constant in aviation, a new letter of interpretation from the Chief of the Standards Development Branch at the PHMSA gives us a new loophole to operate within. The letter states, "As a person operating a privately owned aircraft under 14 CFR Part 91 of the FAR, the HMRs do not apply to the transportation of a hazardous material for personal use." An example of this might be an electric bike powered by a lithium battery. In this instance, the private aircraft operator is not considered as operating "in commerce" as referenced in § 175.1 of the HMR. If this otherwise prohibited item is for personal use and not in the furtherance of a commercial enterprise, it is allowed onboard the aircraft.

The personal use stipulation is one that should be noted and utilized carefully. Just because you can, doesn't mean it meets the risk tolerance of your operation. Bringing liquid oxygen on board an airplane is still not a good idea, even if it is for personal use. As always, if we are uncertain about the application of the regulations, we should always consult the appropriate organization for clarification.

In addition to those resources, Advanced Aircrew Academy's eLearning modules can help you in determining distinctions in regulations, as well complying with the International Standard for Business Aircraft Operations (IS-BAO) training requirement for dangerous goods defined in Chapter 8 of IS-BAO. The standard is for flight crewmembers to complete the training during initial training and every two years thereafter. The Business Aviation Safety Consortium, aligned with ICAO Annexes, also requires Dangerous Goods training.