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FLAMMABLE LIQUIDS IN INSTALLED BULK TANKS

The carriage of flammable liquids such as gasoline in bulk tanks, the installation of which has been approved under a supplemental type certificate has been permitted, pursuant to the exemption authority in Part 11 of the Federal Aviation Regulations (14 CFR Part 11) under certain limited circumstances. This means of transporting large quantities of flammable liquids has been employed for several years to supply the needs of isolated villages, exploration teams, Alaskan pipeline related operations, and other facilities not served by ground transportation or only seasonally served.

In view of these facts, the MTB proposes to authorize the carriage of certain flammable liquids to remote places where there are no other means of transportation in supplemental type certificate approved bulk tank installations subject to certain conditions developed and perfected through the exemption process experience. These conditions and limitations would, for the most part, govern the loading and unloading and carriage of liquids in the approved bulk tanks. Interested persons are invited to submit views and comments on the proposal. A public hearing will be held for that purpose at 9:30 a.m. on October 23, 1975, in the third floor auditorium of Federal Office Building 10A (commonly referred to as the FAA Building) located at 800 Independence Avenue SW., Washington, D.C. Interested persons not desiring to present oral presentations are invited to submit their comments in writing. Comments should refer to the docket number and be submitted to: Docket Section, Materials Transportation Bureau, U.S. Department of Transportation, Trans Point Building, Washington, D.C. 20590. All comments received before the close of business on November 6, 1975, will be considered, and will be available in the docket for examination both before and after the closing date. Comments received after the closing date and too late for consideration will be treated as suggestions for future rule making.

To the extent the proposals made herein may be adopted, the MTB contemplates combining them with those it adopts in new Part 175 of 49 CFR proposed under Docket HM-112 (39 FR 3022, January 24, 1974).

In consideration of the foregoing it is proposed to amend 14 CFR Part 103 as follows:

1. Revise § 103.19 (a) and (c) to read as follows:

§ 103.19 Quantity limitations.

(a) Except as provided in § 103.31(b) in the case of small, single pilot, cargoonly aircraft being used when other means of transportation are not available or impracticable, no person may carry more than 150 pounds net weight of nonflammable compressed gas in any inaccessible cargo pit or bin on any aircraft.

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(c) Except as provided in § 103.31 (b) in the case of small, single pilot, cargoonly aircraft being used when other means of transportation are not available or impracticable, no person may carry more than 50 pounds of any article that is subject to this part (other than an article specified in paragraph (a) or (b) of this section and magnetized materials) in any inaccessible cargo pit or bin of any aircraft.

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(b) Except in the case of a small, single pilot aircraft being used where other means of transportation are not available or impracticable, each person carrying materials acceptable only for cargo aircraft shall carry those articles in a location accessible to a crewmember in flight. When materials acceptable for cargoonly aircraft are carried on a small, single pilot, cargo-only aircraft being used where other means of transportation are not available or impracticable, they may be carried in a location that is not accessible to the pilot, subject to the following conditions:

(1) No person other than the pilot, an FAA inspector, the shipper or consignee of the material or a representative of the shipper or consignee so designated in writing, or a person necessary for handling the material may be carried on the aircraft.

(2) The pilot must be provided with written instructions on characteristics and proper handling of the material.

(3) Whenever a change of pilots occurs while the material is on board, the new pilot must be briefed under a hand-to-hand signature service provided by the operator of the aircraft.

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3. Amend $103.33 (c) by adding a new paragraph (3) at the end thereof to read as follows:

§ 103.33 (c) Transportation of gasoline, kerosene, or aviation gas in small, passenger-carrying aircraft.

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(C)***

(3) DOT Specification 17E containers of not more than 5 gallons capacity.

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4. Add a new section 103.37 to read as follows:

§ 103.37 Cargo-only aircraft; only means of transportation.

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(a) Notwithstanding § 103.9(a) (1) and (2), when means of transportation other than air are not available or are impracticable, hazardous materials listed in the following table may be carried on a cargo-only aircraft subject to the conditions stated in the table and in paragraph (b) and, when appropriate, paragraph (c) of this section:

Material description Class

Electric blasting caps (more
than 1,000).
Electric blasting caps (less
than 1,000).

Gasoline.

High explosives...
Oil, not otherwise specified;
petroleum oil; or petro-
leum oil, not otherwise
specified.

Conditions

Class A explosives..... Permitted only when no other cargo is aboard the aircraft.
Class C explosives.....

Permitted only when no other cargo is aboard the aircraft. How-
ever, if the electric blasting caps are packed in a DOT MC 201
container (49 CFR 178.318) or an IME 22 container (see 49 CFR
171(d)(9)) they may be transported in the same aircraft with
materials that are not classed as hazardous materials.

Flammable liquid...... Permitted in metal drums having rated capacities of 55 gal or less. May not be transported in the same aircraft with materials classed as class A, B, or C explosives, corrosive materials, or oxidizing materials. Permitted in installed metal tanks each having a capacity of more than 110 gal subject to the conditions specified in par. (c) of this section.

Class A explosives.....
Flammable liquid......

Limited to explosives used for blasting and permitted only when
no other cargo is aboard the aircraft.
Permitted in metal drums having rated capacities of 55 gal or
less. May not be transported in the same aircraft with materials
classed as class A, B, or C explosives, corrosive materials, or
oxidizing materials. Permitted in installed metal tanks each
having a capacity of more than 110 gal subject to the conditions
specified in par. (c) of this section.

Combustible liquid, not Combustible liquid__. Limited to combustible liquids used for fuel. Permitted in installed
otherwise specified.
metal tanks each having a capacity of more than 110 gal subject
to the conditions specified in par. (c) of this section.

(b) The following conditions apply to all carriage of hazardous materials performed under the authority of this section:

(1) No person other than a required flight crewmember, an FAA inspector, the shipper or consignee of the material or a representative of the shipper or consignee so designated in writing, or a person necessary for handling the material may be carried on the aircraft.

(2) The operator of the aircraft must have advance permission from the owner or operator of each manned airport where the material is to be loaded or unloaded or where the aircraft is to land while the material is on board.

(3) At any airport where the airport owner or operator or authorized representative thereof has designated a location for loading or unloading the material concerned, the material may not be loaded or unloaded at any other location.

(4) If the material concerned can create destructive forces or have lethal or injurious effects over an appreciable area as a result of an accident involving the aircraft or the material, the loading and unloading of the aircraft and its operation in takeoff, enroute, and in landing must be conducted at a safe distance from heavily populated areas and from any place of human abode or assembly.

(5) If the aircraft is being operated by a holder of a certificate issued under Part 121 or Part 135 of this title, operations must be conducted in accordance with conditions and limitations specified in the certificate holder's operations specifications or operations manual accepted by the FAA. If the aircraft is being operated under Part 91 of this title, operations must be conducted in accordance with an operations plan accepted and acknowledged in writing by the operator's FAA District Office.

(6) Each crew of the aircraft must be provided written instructions on the conditions and limitations of the operation being conducted.

(7) The aircraft and the loading arrangement to be used must be approved for safe carriage of the particular materials concerned by the FAA District Office holding the operator's certificate and charged with overall inspection of its operations or the appropriate FAA District Office serving the place where the material is to be loaded.

(8) When explosives are carried under the authority of this section, the operator of the aircraft shall obtain route approval from the FAA inspector in the operator's FAA District Office.

(c) The following additional conditions apply to the carriage of flammable liquids and combustible liquids in metal tanks each having a capacity of more than 110 gallons under the authority of this section:

(1) The tanks and their associated piping and equipment and the installations thereof must have been approved under a supplemental type certificate.

(2) In the case of an aircraft being operated by a certificate holder, the operator shall list the aircraft and the supplemental type certificate approval information in its operating specifications. If the aircraft is being operated by other than a certificate holder, a copy of the supplemental type certificate must be carried on board the aircraft.

(3) The crew of the aircraft must be thoroughly briefed on the operation of the particular bulk tank system being used.

(4) During loading and unloading:

(i) Only those electrically operated bulk tank shutoff valves that have been approved under a supplemental type certificate may be electrically operated.

(ii) No person may smoke, carry a lighted cigarette, cigar or pipe, or operate any device capable of causing an open flame or spark within 50 feet of the aircraft.

(iii) No engine or electrical equipment, avionic equipment, of auxiliary power units may be operated, except position lights in the steady position and equipment required by loading or unloading procedures, as set forth in the operator's approved operations manual, or for operators that are not certificate holders, as set forth in a written statement.

(iv) No person may fill a container, other than an approved bulk tank, with a flammable or combustible liquid or discharge a flammable or combustible liquid from a container, other than an approved bulk tank, while that container is inside or within 50 feet of the aircraft.

(v) When filling an approved bulk tank by hose from inside the aircraft, the doors and hatches must be fully open to insure proper ventilation. If fumes remain after loading, air must be blown through all compartments until the fumes are dissipated.

(vi) Static ground wires must be connected between the storage tank or fueler and the aircraft, and between the aircraft and a positive ground device. These amendments are proposed under the authority of § 902 (h) (1) of the Federal Aviation Act of 1958 (49 U.S.C. 1472(h) (1)); (49 CFR 1.53 (h) and Part 102, App. A, paragraph (a) (3)).

Issued in Washington, D.C., on September 26, 1975.

ALAN I. ROBERTS,
Director, Office of Hazardous
Materials Operations.

[FR Doc. 75-26246 Filed 9-30-75;8:45 am]

APPENDIX 6.-FAA HAZARDOUS MATERIALS PROGRAM

EXECUTIVE SUMMARY AND CONCLUSIONS OF FAA DRAFT STUDY, "EVALUATION OF FAA HAZARDOUS MATERIALS PROGRAM" (MAY 1, 1974)

EXECUTIVE SUMMARY

1. The 18 full-time positions for regional HM coordinators called for in an AFS-1 letter dated August 9, 1973, have not been filled.

2. There is no systematic inspection effort in the field, due to a lack of data on HM movement.

3. Enforcement actions are time consuming. In addition to using enforcement to assure compliance, FAA has been following an extensive education program for FAA and industry personnel.

4. Present regulatory material is not clearly defined. Air carriers are using substitute regulatory material not officially sanctioned by the FAA.

5. The NTSB has made recommendations to the FAA regarding the carriage and handling of hazardous materials by air.

The regional Flight Standards divisions and the Hazardous Materials Staff (AFS-405) are in the process of contemplating or initiating solutions to the problems uncovered by the evaluation team. These plans are discussed in the text of this report and are accounted for in the conclusions drawn from objective and subjective data.

CONCLUSIONS

1. There were no full-time HM inspectors appointed in any of the air carrier district offices visited by the evaluation team.

2. There is no handbook distributed to the field providing policy and guidance for carrying out the FAA HM surveillance program.

3. The ACDOS are not following a systematic inspection program for the surveillance of HM. Data obtained from responses to Notice 8000.98, "Survey of Extent of Air Shipments on Hazardous Materials" could aid the ACDOs in formulating inspection programs.

4. Inspectors have stated that regulatory material is not clear.

5. Information obtained by the evaluation team supports NTSB findings outlined in a letter to the Administrator dated March 26, 1974.

6. The expertise of qualified regional HM coordinators could be used in the formulation of national policy by the Washington Headquarters staff.

7. The maximum allowable civil penalty for violations of FAR 103 has not been raised since 1938. ($1000)

8. Customer loaded freight containers often contain hazardous materials with no accompanying documentation stating the contents of the container.

9. FAA has no authority to open HM shipments for inspection if necessary. 10. Air carriers do not follow a comprehensive monitoring system at their freight docks for checking compliance of all shipments of HM that are received. 11. The public is not informed of prohibitions against carrying HM in their baggage.

12. Inspection of air carrier and freight forwarder facilities revealed that at the majority of the facilities visited, packages of hazardous materials were discovered which were not in compliance with Federal Aviation Regulations. In all, 240 discrepancies were discovered in 70 shipments observed by the team.

CONCLUSIONS OF FAA FINAL STUDY, "EVALUATION OF THE FAA HAZARDOUS MATERIALS PROGRAM" (July 11, 1974)

1. The majority of problems in HM stem from noncompliance by shippers in packaging, marking, labeling and documenting HM shipments. Regulations governing these subjects are adequate.

2. At least 90% of hazardous materials shipments examined by the evaluation team and found to be in noncompliance with FAR 103 were also in noncompliance

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with shipping regulations applicable to other modes of transportation (truck, rail, etc.) which brought these shipments to the air carrier or freight forwarder dock.

3. The demands on FAA to increase the scope of its Hazardous Materials Program has occurred during a period of increased responsibilities in areas, such as, transportation of handicapped, transportation of animals, and occupational safety. In light of its declining resources and growing demand for services, the Flight Standards overall performance in all of its safety functions has been effective. In proportion to the demonstrated problems or hazards to safety in the transportation of HM, FAA resources assigned to HM surveillance was balanced.

4. There is no single handbook distributed to the field providing policy and guidance for carrying out the FAA HM surveillance program. (As of July 1, 1974, a comprehensive Handbook for field inspector guidance is approximately 95% completed and AFS-400 reports it will be published by August 1, 1974). The ACDOS visited by the evaluation team did not have a systematic inspection program for the surveillance of HM.

5. Data obtained from responses to Notice 8000.98, "Survey of Extent of Air Shipments on Hazardous Materials" will aid the FAA in directing its suveillance efforts in areas of highest concentration of HM shipments.

6. There were no full-time HM inspectors appointed in any of the FAA offices visited by the evaluation team. As of 7/1/74, there were 18 coordinators and 103 part-time inspectors assigned HM responsibility. One-hundred and four additional FAA inspectors have been trained and are qualified to perform surveillance and enforcement functions relating to shipment of hazardous materials. 7. Inspectors have stated that regulatory material is not clear and can only be effectively applied with adequate training, policy and expertise.

8. Evaluation team findings support NTSB findings outlined in a letter to the Administrator dated March 26, 1974.

9. The maximum allowable civil penalty for violations of all FARS including Part 103 has not been raised since 1938. ($1000)

10. Customer loaded freight containers may contain hazardous materials with no accompanying documentation stating the contents of the container.

11. FAA is seeking legal clarification regarding its authority to open HM shipments for inspection if necessary.

12. Air carriers do not follow a comprehensive monitoring system at their freight docks for checking compliance of all shipments of HM that are received. 13. The public is not informed of prohibitions against carrying HM in their baggage.

14. Inspection of air carrier and freight forwarder facilities revealed that at the majority of the facilities visited, packages of hazardous materials were dscovered which were not in compliance with Federal Aviation Regulations. In all, 240 apparent discrepancies were discovered among 70 shipments observed by the team.

15. Quality of FAA inspector skills in HM inspections is steadily increasing. To date, 225 inspectors have been trained in HM at the Transportation Safety Institute administered by the Office of the Secretary of Transportation. This course is a 56-hour program of study.

16. In the two years 1971-1972, FAA conducted 571 HM inspections. In 1973. FAA Flight Standards personnel conducted 9073 inspections and the number of HM inspections in 1974 is increasing over the 1973 level.

17. The FAA Flight Operations Division and its Hazardous Materials Staff are in the process of developing and initiating solutions to the problems cited by the evaluation team. These plans are discussed in the text of this report. こ

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