[Federal Register Volume 68, Number 89 (Thursday, May 8, 2003)]
[Proposed Rules]
[Pages 24810-24827]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-11244]



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Part III





Department of Transportation





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Federal Aviation Administration



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14 CFR Part 119, et al.



Hazardous Materials Training Requirements; Proposed Rule

  Federal Register / Vol. 68, No. 89 / Thursday, May 8, 2003 / Proposed 
Rules  

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 119, 121, 135, and 145

[Docket No. FAA-2003-15085; Notice No. 03-08]
RIN 2120-AG75


Hazardous Materials Training Requirements

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The Federal Aviation Administration (FAA) is proposing to 
amend its hazardous materials (hazmat) training requirements for 
certain air carriers and commercial operators. In addition, the FAA is 
proposing that certain repair stations document for the FAA that 
persons handling hazmat for transportation have been trained as 
required by the Department of Transportation's Hazardous Materials 
Regulations (HMRs). The FAA is updating its regulations because hazmat 
transport and the aviation industry have changed significantly since 
the FAA promulgated its hazmat training regulations over 25 years ago. 
The proposed rule would set clear training standards and ensure uniform 
compliance with training requirements.

DATES: Send your comments on or before July 7, 2003.

ADDRESSES: Address your comments to the Docket Management System, U.S. 
Department of Transportation, Room Plaza 401, 400 Seventh St., SW., 
Washington, DC 20591. You must identify the docket number (FAA-2003-
15085) at the beginning of your comments, and you should submit two 
copies of your comments. If you wish to receive confirmation that the 
FAA received your comments, include a self-addressed, stamped postcard.
    You may also submit comments through the Internet to http://dms.dot.gov. You may review the public docket containing comments to 
these proposed regulations in person in the Dockets Office between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The 
Dockets office is on the plaza level of the Department of 
Transportation at the address above. Also, you may review public 
dockets on the Internet at http://dms.dot.gov.

FOR FURTHER INFORMATION CONTACT: William Wilkening, Hazardous Materials 
Division, ASI-300, Federal Aviation Administration, 800 Independence 
Avenue SW., Washington, DC, 20591; telephone (202) 267-9864; facsmilie 
(202) 267-9788.

SUPPLEMENTARY INFORMATION: 

Comments Invited

    The FAA invites interested persons to participate in this 
rulemaking by submitting written comments, data, or views. We also 
invite comments relating to the environment, energy, federalism, or 
economic impact that might result from adopting the proposals in this 
document. The most helpful comments reference a specific portion of the 
proposal, explain the reason for any recommended change, and include 
supporting data. We ask that you send us two copies of written 
comments.
    We will file in the docket all comments we receive, as well as a 
report summarizing each substantive public contact with FAA personnel 
concerning this proposed rulemaking. The docket is available for public 
inspection before and after the comment closing date. If you wish to 
review the docket in person, go to the addresses in the ADDRESSES 
section of this preamble between 9 a.m. and 5 p.m., Monday through 
Friday, except Federal holidays. You may also review the docket using 
the Internet at the web address in the ADDRESSES section.
    Before acting on this proposal, we will consider all comments we 
receive on or before the closing date for comments. We will consider 
comments filed late if it is possible to do so without incurring 
expense or delay. We may change this proposal in light of the comments 
we receive.
    If you want the FAA to acknowledge receipt of your comments on this 
proposal, include with your comments a pre-addressed, stamped postcard 
on which the docket number appears. We will stamp the date on the 
postcard and mail it to you.

Availability of Rulemaking Documents

    You can get an electronic copy of this document from the Internet 
by taking the following steps:
    (1) Go to the search function of the Department of Transportation's 
electronic Docket Management System (DMS) web page (http://dms.dot.gov/search).
    (2) On the search page, type the last digits of the docket number 
shown at the beginning of this document. Click on ``search.''
    (3) On the next page, which contains the docket summary information 
for the docket you selected, click on the document number for the item 
you wish to view.
    You also can get an electronic copy of this document from the 
Internet through FAA's web page at http://www.faa.gov/avr/armhome.htm 
or the Government Printing Office's web page at http://www.access.gpo/su_docs/aces/aces140.html.
    You can also get a copy by submitting a request to the Federal 
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence 
Ave., SW., Washington, DC 20591, or by calling 202-267-9680. Be sure to 
identify the docket number, notice number, or amendment number of this 
rulemaking.

List of Abbreviations and Acronyms Used in This Document

AC--Advisory Circular
COMAT--Material owned or used by a certificate holder, commonly 
referred to as ``company material''
Hazmat--Hazardous material
HMRs--Department of Transportation's Hazardous Materials Regulations 
found in 49 CFR parts 171 through 180
ICAO--International Civil Aviation Organization
NTSB--National Transportation Safety Board
RSPA--Research and Special Programs Administration
SFAR--Special Federal Aviation Regulation
TRF--Transport-related function, i.e., any function performed for the 
certificate holder relating to the acceptance, rejection, storage 
incidental to transport, handling, packaging of COMAT, loading, 
unloading or carriage of items for transport on board an aircraft
USPS--United States Postal Service
Will-carry operator--An operator authorized in its operations 
specifications to carry hazmat
Will-not-carry operator--An operator prohibited in its operations 
specifications from carrying hazmat that requires declaration under the 
HMRs

Outline of Preamble

I. Background
    A. Purpose of the Proposed Rule
    B. Historical Overview
    C. Relationship Between FAA and DOT Training Requirements
    D. U.S. Mail as Cargo
II. Discussion of Proposals
    A. Part 119--Special Federal Aviation Regulation No. 99
    B. Section 119.49--Contents of Operations Specifications
    C. Sections 121.135 and 135.23--Manual Contents
    D. Sections 121.401 (a)(1), 121.433a, 135.323 (a)(1), and 
135.333--Transfer of Hazmat Provisions to SFAR
    E. Part 121, Subpart Y, and Part 135, Subpart K--Hazardous 
Materials Training Program

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    F. Part 121, Appendix N--Hazmat Training Curriculum
    G. Part 135, Subpart K--Single-Pilot Operations
    H. Part 145--Repair Stations
III. Paperwork Reduction Act
IV. International Compatibility
V. Economic Evaluation Summary
VI. Initial Regulatory Flexibility Determination
VII. International Trade Impact Assessment
VIII. Unfunded Mandates Reform Act Assessment
IX. Executive Order 13132, Federalism
X. Environmental Analysis
XI. Energy Impact

I. Background

A. Purpose of the Proposed Rule

    The FAA regulations that prescribe hazmat training for air carriers 
and commercial operators conducting operations under part 121 or part 
135 were first adopted over 25 years ago. Since that time, hazmat 
transport regulation in general has changed significantly, in part 
because the Department of Transportation (DOT) implemented the 
Hazardous Materials Regulations (HMRs) in 49 CFR parts 171 through 180 
(41 FR 15972; April 15, 1976), and in part because of changes following 
deregulation of the airline industry in the 1970s. The hazmat 
regulations, which include training requirements, apply to all modes of 
transport. Training requirements also exist in the ``Technical 
Instructions for the Safe Transport of Dangerous Goods by Air'' of the 
International Civil Aviation Organization (ICAO). In addition, the FAA 
has provided guidance to the industry through Advisory Circulars (ACs) 
to help the aviation industry to comply with the FAA's and DOT's hazmat 
training requirements. Information from air carriers indicates that 
adherence to the recommendations in ACs has been high. The ACs are not 
mandatory, however, and these critical safety practices need to be 
clearly established within the FAA's safety regulations. The FAA is 
proposing adding training requirements to its regulations that would 
set clear standards and ensure uniform compliance with training 
requirements for the handling of hazardous cargo. This proposed 
rulemaking would amend the manual and training regulations in parts 121 
and 135 to incorporate most of the guidance now contained in the ACs.
    For example, these proposed regulations would require certificate 
holders operating under part 121 or part 135 to have one of two 
distinct hazmat training programs. One training program would be for 
certificate holders electing to transport hazmat (``will-carry'' 
certificate holders), and the other would be for certificate holders 
who elect not to transport hazmat (``will-not-carry'' certificate 
holders). A certificate holder that elects will-carry status would have 
an authorization to carry hazmat in its operations specifications. For 
will-not-carry certificate holders, the FAA would place a prohibition 
against carrying hazmat subject to regulation under the HMRs in their 
operations specifications.
    These proposed rules also would identify the persons who must 
receive hazmat training by the nature of the functions they perform or 
supervise for the certificate holders. The term ``supervise'' would be 
defined to mean more than just being a designated supervisor. It would 
cover a person who has any degree of oversight over a function 
addressed by the proposed rule. Will-carry certificate holders would 
have to conduct extensive training for persons supervising or 
performing any of the following functions involving items for transport 
on aircraft: Acceptance, rejection, handling, storage incidental to 
transport, packaging of company materials owned or used by the 
certificate holder (known as COMAT), loading, unloading, and carriage. 
(This preamble refers to these functions as ``transport-related 
functions'' or ``TRF.'') Will-not-carry certificate holders would have 
to conduct training sufficient to enable the persons supervising or 
performing a TRF to identify material marked or labeled as hazmat, and 
material not marked or labeled but showing some indication that it is 
hazmat.
    In addition to these proposed amendments, the FAA proposes to add 
requirements for repair stations that would allow the FAA to increase 
its oversight of the training they are required to conduct under the 
DOT's hazmat training requirements in 49 CFR part 172. This separate 
FAA requirement is needed because the FAA has noticed that, despite the 
training requirements of the HMRs, a number of aviation incidents, and 
at least one accident, involved hazmat handled by repair stations with 
inadequate training programs. The proposed rules also would amend part 
145 to require that repair stations meeting the definition of ``hazmat 
employers'' under 49 CFR 171.8 implement a hazmat training program that 
satisfies 49 CFR 172.700 through 172.704.
    At the time of application for a certificate, a repair station 
would have to certify to the FAA that all hazmat employees, as defined 
in 49 CFR 171.8, are trained under the HMRs, and that it is otherwise 
in compliance with the training requirements of the HMRs. The applicant 
also would have to provide evidence of compliance with the HMRs. 
Without this evidence, the applicant would not receive a certificate.
    Additionally, all repair station workers performing or supervising 
a TRF for a certificate holder, would have to be trained under the 
certificate holder's approved training program. Furthermore, a 
provision would be added to part 145 to require repair stations to 
notify all workers of the will-carry or will-not-carry status of the 
certificate holders for which the repair station works. This would have 
to be done as soon as the repair station is informed of the certificate 
holder's status. This proposal would be the companion requirement to 
the proposed notification requirement for part 121 and part 135 
certificate holders. It would ensure that repair station management 
gives this information to its workers immediately.

B. Historical Overview

1. Agency Rulemakings for Part 121 and Part 135
    The FAA's current part 121 and part 135 hazmat training and manual 
requirements were adopted on June 7, 1973 (38 FR 14914). That 
rulemaking added Sec.  121.433a to require hazmat training for persons 
performing any duty involving handling or carriage of hazmat. Section 
121.401 was amended to include this training in the certificate 
holder's training program. Section 121.135 (b)(12) was amended to 
require certificate holders to include in their manuals procedures and 
instructions for recognizing hazmat, and instructions for the proper 
carriage, storage, and handling of these materials.
    The same rulemaking added Sec.  135.140 to require hazmat training 
provisions for part 135 certificate holders. These part 135 
requirements were similar to those in part 121, but with one important 
difference. Part 135 distinguished between will-carry and will-not-
carry certificate holders. The preamble stated that the intent of the 
rule was to require a ``part 135 certificate holder to provide a 
program of training only if it undertakes to engage in the 
transportation of hazardous materials.'' Thus, only part 135 will-carry 
certificate holders were required to have a hazmat training program. In 
contrast, all part 121 certificate holders were required to have 
training programs.
    A year and a half later, on January 3, 1975, the Hazardous 
Materials Transportation Act (HMTA), Title I of Public Law 93-633, was 
enacted. The HMTA gave the Secretary of

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Transportation the authority to consolidate hazmat regulations of the 
various transportation modes. On April 15, 1976, using this authority, 
the Materials Transportation Bureau (the predecessor of the Research 
and Special Programs Administration (RSPA)) consolidated all hazmat 
regulations of the various DOT modal administrations into one set of 
regulations for air, water, and surface transportation of hazmat (41 FR 
15972). These consolidated regulations were published in 49 CFR parts 
100 through 180. In response, the FAA removed its hazmat regulations 
from 14 CFR part 103, but it did not remove the hazmat training and 
manual requirements from part 121 and part 135. These regulations 
remained because they were an integral part of the certification 
requirements and operating rules for part 121 and part 135 certificate 
holders.
    On May 25, 1978 (43 FR 22643), the FAA amended Sec.  121.433a to 
add paragraph (c) allowing certificate holders operating in foreign 
locations to use personnel not trained under the certificate holder's 
hazmat training program to load and unload aircraft. These persons, 
however, must be under the supervision of someone who has successfully 
completed the certificate holder's approved training program. The 
amendment also allowed flight crewmembers to complete recurrent 
training a month before or a month after the actual due date.
    On October 10, 1978, the FAA substantially rewrote part 135 (43 FR 
46742). As part of that final rule, the FAA added Sec.  135.23(p) to 
require each certificate holder, whether or not it carries hazmat, to 
include hazmat recognition procedures and instructions in its manual. 
Will-carry certificate holders had to include in their manuals detailed 
procedures and instructions for handling and carrying hazmat.
    More significantly, the October 1978 rule, added training 
requirements for will-not-carry certificate holders. They were required 
to train their crewmembers to recognize hazmat. The new training 
requirement was put in part 135 because of a number of incidents where 
a will-not-carry certificate holder inadvertently accepted hazmat 
because its employees did not recognize it. Part 135 hazmat recognition 
training, however, was limited to crewmembers.
    After deregulation of the airline industry, the FAA allowed a 
number of part 121 certificate holders to elect will-not-carry status 
and to provide only general awareness/recognition of hazmat training. 
In accordance with this practice, on July 10, 1980 (45 FR 46736), the 
FAA amended part 121 manual requirements to require will-not-carry 
certificate holders to have procedures and instructions in sufficient 
detail to assist personnel in identifying packages marked or labeled as 
containing hazmat. The training requirements in Sec.  121.433a, 
however, were not modified to incorporate a ``recognition training'' 
requirement for part 121 will-not-carry certificate holders. The FAA 
believes that most, if not all, part 121 certificate holders provide 
hazmat recognition training, but, to ensure that this training does 
occur, the FAA believes that these training requirements should be 
clearly stated in the regulations.
2. Advisory Circulars
    In 1984, the FAA issued an AC providing certificate holders with 
information on 49 CFR parts 171 through 180, and the ICAO's ``Technical 
Instructions for the Safe Transport of Dangerous Goods by Air'' (AC 
121-21B, entitled ``Information Guide for Training Programs and Manual 
Requirements in the Air Transportation of Hazardous Materials''). The 
AC also provided a recommended training curriculum. This curriculum 
pre-dated DOT's passage of more specific hazmat training requirements 
in 49 CFR 172.700 through 172.704. The AC also encouraged will-not-
carry certificate holders to ensure ``that their personnel (including 
crewmembers) are adequately trained to recognize those items which can 
be classified as hazardous materials.''
3. Training Requirements for Repair Stations
    The recent hazmat incident and accident history indicates that 
additional requirements are needed to ensure that repair stations are 
doing the training required by the HMRs. In August 1997, the National 
Transportation Safety Board (NTSB) issued its final report on its 
investigation into the crash of ValuJet Airlines Flight No. 592 (``In-
Flight Fire and Impact With Terrain, ValuJet Airlines Flight 592''). 
The report concluded that if ValuJet had implemented a hazmat 
recognition training program for its repair station employees, and in 
it had notified those employees of Valujet's will-not-carry status and 
its implications, SabreTech (Valujet's repair station) might not have 
mishandled the packaging and shipment of the chemical oxygen generators 
that were loaded onto the aircraft. Thus, NTSB recommended that the 
FAA:

    Require air carriers to ensure that maintenance facility 
personnel, including mechanics, shipping, receiving, and stores 
personnel at air carrier operated or subcontractor facilities are 
provided initial and recurrent training in hazardous materials 
recognition and in proper labeling, packaging and shipment 
procedures with respect to the specific items of hazardous materials 
that are handled by the air carrier's maintenance functions.

    The FAA currently has no separate hazmat training requirement for 
part 145 repair stations that use, offer for transport, or otherwise 
handle hazmat. However, DOT's hazmat training requirements in 49 CFR 
part 172, apply to these repair stations. Yet, even with the heightened 
awareness of the dangers of oxygen generators since the crash of 
Valujet Airlines Flight 592, the FAA continues to find hazmat, 
including oxygen generators, that have been improperly prepared and 
offered for shipment by air carriers and repair stations. The FAA 
believes that the DOT training requirements need to be referenced in 
the FAA's rules concerning repair stations. This will ensure that 
repair stations are aware of them, and make retention of their repair 
station certificate subject to compliance with them.

C. Relationship Between FAA and DOT Training Requirements

    The DOT's HMRs (49 CFR parts 171 through 180) clearly apply to air 
carriers and repair stations that transport hazmat. They require all 
``hazmat employers'' to train ``hazmat employees'' pursuant to 49 CFR 
172.700 through 172.704. The terms ``hazmat employer'' and ``hazmat 
employee'' are defined in 49 CFR 171.8. ``Hazmat employee'' includes 
anyone who directly affects transportation safety by performing a 
function regulated by the HMRs. ``Hazmat employer'' is defined as ``a 
person who uses one or more of its employees in connection with: 
Transporting hazardous materials in commerce; causing hazardous 
materials to be shipped in commerce; or representing, marking, 
certifying, selling, offering, manufacturing, reconditioning, testing, 
repairing, or modifying containers, drums or packagings as qualified 
for use in the transportation of hazardous materials.'' Under DOT's 
regulations, however, there is no training requirement placed upon 
employers or employees who are not ``hazmat employers'' or ``hazmat 
employees.'' Thus, there are no hazmat recognition training 
requirements in DOT's HMRs for the employees of will-not-carry 
certificate holders who are not supposed to handle or transport hazmat. 
The FAA in this proposal recognizes that employees who are not supposed 
to accept, handle, or carry hazmat need adequate training to recognize 
and

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appropriately reject it to prevent the improper carriage of hazmat by 
will-not-carry certificate holders. It should be noted that even a 
will-not-carry certificate holder that does not handle hazmat from the 
public for transport may be a hazmat employer with respect to aircraft 
components, consumable materials, or other items of its own or another 
carrier.

D. United States Mail as Cargo

    Significant amounts of mail are transported as cargo by part 121 
and part 135 certificate holders. Thus, certificate holders and persons 
acting for certificate holders perform a TRF when accepting mail for 
transport on an aircraft. In 1990, the U.S. mail and the U.S. Postal 
Service (USPS) were expressly excluded from the reach of the Federal 
hazardous materials transportation law (Hazardous Materials 
Transportation Uniform Safety Act of 1990, Pub. L. 101-615, 1990 (49 
U.S.C. App. 1801 note). The USPS has its own regulations that control 
the transportation of hazmat in the mail (Domestic Mail Manual (DMM), 
C023, revised in Postal Bulletin 21997, May 6, 1999). Generally, the 
USPS accepts only limited quantities and classes of hazardous 
materials. It requires hazmat offered for transportation by air to be 
segregated and properly identified. The USPS standards cross-reference 
the HMRs and recognize the hazmat classifications, labeling and marking 
requirements of the HMRs. The FAA has received reports from certificate 
holders concerning mail cargo that did not comply with USPS 
requirements or the conditions of the contract of carriage between the 
certificate holder and the USPS. These proposed rules therefore include 
a training topic under proposed Module 12, Dangerous Goods Exceptions, 
that addresses the mail and USPS standards concerning the restrictions 
on hazmat in the mail and air transportation of mail.

II. Discussion of Proposals

A. Part 119--Special Federal Aviation Regulation (SFAR) No. 99

    The FAA recognizes that part 121 or part 135 certificate holders 
would need a reasonable period of time to implement these proposed 
regulations. Thus, the FAA is proposing to provide a 15-month 
transition period to allow certificate holders certificated on or 
before the effective date of the final rule to bring their hazmat 
training programs into compliance. During this transition period, these 
certificate holders could continue to comply with the current 
requirements or comply with these proposed new rules. Certificate 
holders certificated after the effective date of the final rule would 
have to comply with the new hazmat training requirements immediately 
upon certification. At the end of the transition period, all 
certificate holders would be required to comply with the new training 
requirements.
    The FAA proposes to move all existing hazmat training requirements 
in Sec. Sec.  121.401(a)(1), 121.433a, 135.323(a)(1), and 135.333 into 
Special Federal Aviation Regulation (SFAR) No. 99 to make it easier for 
certificate holders to identify existing requirements and distinguish 
them from new requirements, which would be in parts 121 and 135. The 
SFAR would expire at the end of the 15-month transition period.

B. Section 119.49--Contents of Operations Specifications

    Section 119.49(a)(13) would be amended to provide that a 
certificate holder's operations specifications would include either an 
authorization permitting the certificate holder to handle and transport 
hazmat (will-carry certificate holder) or a prohibition against 
handling and transporting hazmat (will-not-carry certificate holder). 
Current language of (a)(13) providing that operations specifications 
may include any other item the Administrator deems necessary would be 
redesignated as new (a)(14).

C. Sections 121.135 and 135.23--Manual Contents

    This proposed rule would amend the manual requirements at 14 CFR 
121.135(b)(23) and 135.23(p) to require both will-carry and will-not-
carry certificate holders to include procedures and information in 
their manuals to assist each person performing or supervising a TRF in 
recognizing hazmat. A certificate holder authorized as a will-carry 
operator would be required to provide additional procedures and 
information in its manual. The proposed rule would apply to full time 
and part time employees of a certificate holder or a contractor or 
subcontractor, and any other person who performs or supervises a TRF 
for a certificate holder under any other arrangement. This more 
extensive language is necessary because the current manual requirements 
do not clearly identify the person covered by the requirements. The 
current rule language merely states that the procedures and information 
must be included in the manual to ``assist personnel to identify 
packages marked or labeled as containing hazardous materials * * *.'' 
Furthermore, in order to emphasize that the manual applies to all 
persons working for the certificate holder, whether or not directly 
employed by the certificate holder, the FAA proposes to replace the 
term ``personnel'' with the term ``person.''
    The proposed language of Sec. Sec.  121.135 (b)(23) and 135.23(p) 
would require a two-tiered approach to the hazmat portion of the 
certificate holder's manual: Those requirements applying to both will-
carry and will-not-carry certificate holders, and those requirements 
applying only to will-carry certificate holders.
    Unlike the current rule language, the proposed amendments to 
Sec. Sec.  121.135 (b)(23) and 135.23(p) would require both will-carry 
and will-not-carry certificate holders to provide procedures for 
rejecting packages that are not prepared and offered for shipment under 
the HMRs in 49 CFR parts 171 through 180, or that appear to contain 
undeclared hazmat. This change is needed because the current rule 
language only refers to identifying or recognizing packages marked and 
labeled as hazmat. The FAA believes that a certificate holder's manual 
should include procedures for rejecting known hazmat that is not 
properly offered for transport in compliance with DOT's HMRs. Thus, the 
rule would apply to materials appearing to be undeclared hazmat. The 
FAA has found that in many cases packages not marked and labeled as 
hazmat still display indicators that would lead a trained person to 
suspect the presence of hazmat. For example, terms such as 
``chemicals,'' ``lighters,'' ``paint,'' or ``solvents'' on packages or 
in documents accompanying the package may indicate the possible 
presence of an undeclared hazmat. Additionally, trigger lists can be 
used to help alert persons to the possible presence of hazmat in items 
not properly identified as hazmat. These items include gasoline-powered 
equipment (chainsaws, generators, or aviation fuel control units) not 
purged of their hazardous contents, and perishable goods shipped with 
dry ice, which is a regulated hazmat.
    If this rule is adopted, persons would be trained to recognize 
items not properly identified as hazmat. Furthermore, the proposed rule 
would require both will-carry and will-not-carry certificate holders to 
include in their manuals procedures and information regarding notifying 
DOT of hazmat incidents. (See proposed Sec. Sec.  121.135(b)(23)(ii)(B) 
and 135.23 (p)(2)(ii)). This information would have to be provided to 
each person performing or supervising a TRF. In

[[Page 24814]]

contrast, the current rule language requires a certificate holder to 
include this information in its manual only if the certificate holder 
has will-carry status.
    A certificate holder may carry hazmat in accordance with 49 CFR 
175.10. Training for recognition of the hazardous materials excepted 
from 49 CFR would be included in the will-carry and will-not-carry 
training programs.
    The proposed rule also would require the manual to indicate whether 
a certificate holder is a will-carry or will-not-carry operator, as 
specified in its operations specifications. (See proposed Sec. Sec.  
121.135(b)(23)(ii)(C) and 135.23(p)(2)(iii)). This information 
currently does not have to be in the certificate holder's manual.
    Certificate holders electing will-carry status would be required to 
provide procedures and information to ensure that: (1) The packages 
containing hazmats are properly offered, accepted, handled, stored, 
packaged, loaded, unloaded and carried on the aircraft in compliance 
with DOT's HMRs; (2) DOT requirements regarding discrepancy reporting 
(Sec.  175.31) and notice to the pilot in command (Sec.  175.33) are 
met; and (3) aircraft replacement parts shipped as COMAT, consumable 
materials, and any other item regulated under the HMRs, are properly 
handled, packaged, and carried on board an aircraft.
    As noted above, if the proposed changes are adopted, certificate 
holders certificated on or before the effective date of the final rule 
would have 15 months from the effective date to revise their manuals 
and implement the changes. Current Sec. Sec.  121.135(b) and 135.23(p) 
would be placed in SFAR No. 99 (discussed under II.A.), which would 
expire at the end of the 15-month transition period. Applicants 
certificated after the effective date of the final rule to operate 
under part 121 or 135 would be subject to the new requirements upon 
certification.

D. Sections 121.401(a)(1), 121.433a, 135.323(a)(1), and 135.333--
Transfer of Hazmat Provisions to SFAR

    The hazmat requirements currently in Sec. Sec.  121.401(a)(1), 
121.433a, 135.323(a)(1), and 135.333 would be moved to SFAR No. 99, 
which would remain in effect for the 15-month transition period, as 
discussed under II.A. Sections 121.401(a)(1) and 135.323(a)(1) would be 
revised to continue to require crewmember training other than hazmat. 
New subparts in parts 121 and 135 (discussed under II.E.) would contain 
revised hazmat training requirements. A new Sec. Sec.  121.802 and 
135.502 would require the hazmat training for part 119 certificate 
holders conducting operations in accordance with part 121 or part 135. 
This reorganization would provide needed separate emphasis for hazmat 
training.

E. Part 121, Subpart Y, and Part 135, Subpart K--Hazardous Materials 
Training Program

    The proposed hazmat training rules in part 121, subpart Y, and part 
135, subpart K, would require all air carriers and commercial operators 
to train each person who may perform or supervise a TRF. The FAA 
believes that adequate training of each person involved in a TRF would 
greatly enhance safety in air transportation and help avoid life-
threatening incidents. Moreover, given the frequency of undeclared 
hazmat incidents, the FAA believes that a broader training curriculum, 
which includes hazmat recognition training, should be mandated for all 
part 121 and part 135 certificate holders.
    Because the changes that are proposed to the manual and training 
requirements in parts 121 and 135 are virtually identical, this 
discussion of the individual sections will address the changes to the 
parallel provisions of these parts together.
1. Applicability and Definitions (Sec. Sec.  121.801 and 135.501)
    These proposed provisions would clarify that the new subparts 
prescribe requirements for certificate holders for training persons 
performing or supervising a TRF, whether the certificate holder is a 
will-carry or will-not-carry operator. The will-carry or will-not-carry 
status would be relevant only to the nature of the training curriculum, 
not to the requirement to train. The proposed rules would be broader 
than the current requirements in Sec. Sec.  121.433a and 135.333, which 
apply only to persons handling or carrying hazardous materials.
    Paragraph (a): The proposal would cover persons who perform or 
supervise any function for a certificate holder in the transport of an 
item on board an aircraft, whether or not an item is, or contains, a 
hazmat. The proposed rules would include ground-handling personnel, 
passenger check-in personnel, skycaps, cargo acceptance personnel, 
maintenance shop personnel, shipping and receiving personnel, and their 
supervisors.
    Currently, Sec. Sec.  121.433a and 135.333 forbid certificate 
holders from using a person to perform, and forbids a person from 
performing, ``any assigned duties and responsibilities for the handling 
or carriage of dangerous articles and magnetized materials governed by 
Title 49 CFR'' unless the person has been trained. The proposed 
applicability provisions in Sec. Sec.  121.801 and 135.501 are intended 
to be broad enough to cover not only those persons directly performing 
a TRF, but also those persons supervising the performance of a TRF. 
Whether a person were officially assigned to perform a function would 
be irrelevant. This would ensure that the certificate holder identifies 
and trains each person who could reasonably be foreseen as performing 
or supervising a TRF, whether or not it is part of his or her job 
description.
    Paragraph (b): Sections 121.801(b) and 135.501(b) would define 
``initial hazardous materials training'' and ``recurrent hazardous 
materials training.''
    Paragraph (b)(1) would define ``Company material (COMAT)'' as 
material owned or used by the certificate holder. COMAT is a term of 
art used in the aviation industry. It is used in the proposed rule to 
ensure that persons are trained to understand that hazardous COMAT must 
be marked, labeled, and identified as hazmat, and that there is no 
exception for the carriage of hazardous COMAT even by will-not-carry 
certificate holders.
    Paragraph (b)(2) would define ``initial hazardous materials 
training'' consistent with the initial training required by 49 CFR 
172.704, although 49 CFR does not specifically define initial hazmat 
training.
    Paragraph (b)(3) would define ``recurrent hazardous materials 
training'' consistent with the way the term is used in 49 CFR 172.704, 
although it too is not a defined term in DOT's regulations. The FAA's 
recurrent hazardous materials training requirement, however, would be 
for annual training, instead of every 3 years, as required by DOT. The 
yearly recurrent hazardous materials training requirement is consistent 
with other current training requirements for part 121 and part 135 
certificate holders.
2. General Requirement To Train (Sec. Sec.  121.802 and 135.502)
    The FAA believes that a mandated curriculum for both will-carry and 
will-not-carry certificate holders would improve the knowledge base of 
persons performing or supervising a TRF. This training would improve 
transportation safety by ensuring that persons perform their job 
functions or supervisory responsibilities under the certificate 
holder's hazmat policy and the DOT's HMRs.

[[Page 24815]]

    The current regulations in parts 121 and 135 do not provide 
specific details on the hazmat training curriculum. Nor do the hazmat 
training requirements in 49 CFR part 172 provide a specific curriculum; 
they simply provide a general training outline that requires general 
awareness training, function-specific training, and safety training. As 
noted above, the FAA historically has provided guidance to certificate 
holders in the form of ACs on the suggested content of the training 
curriculum. This guidance has been designed to enable the certificate 
holders to develop a program that will be suitable for FAA approval. 
Under this proposal, however, the curriculum would be mandated by 
regulation.
    Paragraph (a): Proposed Sec. Sec.  121.802(a) and 135.502(a) would 
require all hazmat training programs to include, at a minimum, the 
hazmat training curriculum contained at Appendix N of part 121. (See 
discussion of Appendix N under II.F.) The training programs would 
ensure that each person performing or supervising a TRF is trained to 
comply with 49 CFR parts 171 through 180, and would enable trained 
persons to recognize items that contain, or may contain, hazmat.
    Paragraph (b): The proposal envisions that a certificate holder 
would develop an organized training program that would build upon a 
person's knowledge of hazmat regulations, keep up with current 
requirements, and focus on any problem areas. This is consistent with 
current requirements. ``Initial hazardous materials training'' would be 
similar to initial flight and proficiency training in part 121, subpart 
N, except that it would apply to a broader category of persons, and the 
training curriculum would be hazmat-focused. With certain exceptions, 
each person performing or supervising a TRF would be required to 
receive initial hazardous materials training prior to performing or 
supervising that function.
    Paragraph (c): Sections 121.802(c) and 135.502(c) would require the 
certificate holder to obtain FAA approval of the hazmat training 
program prior to implementing the program. This requirement would be 
consistent with the current training requirements in Sec. Sec.  121.401 
and 135.323.
3. Training Requirement (Sec. Sec.  121.803 and 135.503--Paragraphs 
(a))
    Proposed paragraphs (a) of Sec. Sec.  121.803 and 135.503 would 
provide that no certificate holder could use any person to perform or 
supervise a TRF, unless that person had satisfactorily completed the 
certificate holder's FAA-approved initial or recurrent hazardous 
materials training program within the past year. (See discussion of 
recurrent training under II.E.6.) A person would be satisfactorily 
trained when that person understood the relevant training material and 
was capable of performing his or her job in compliance with both 49 CFR 
parts 171 through 180 and part 121, subpart Y, or part 135, subpart K, 
as applicable.
    Under the proposed requirement, the certificate holder would have 
to ensure that each person performing or supervising a TRF completed 
the certificate holder's initial or recurrent hazardous materials 
training program within the past year. A person who has not received 
this training could not be used to perform or supervise a TRF, unless 
the conditions of an exception (discussed below) were satisfied. 
Example A explains how this general training requirement would work.

     Example A: A flight attendant is employed by Certificate Holder 
A (a will-carry operator under part 121) and receives initial hazmat 
training appropriate for the job on March 1. On August 1 of the same 
year, the flight attendant leaves Certificate Holder A to work for 
Certificate Holder B (also a will-carry operator under part 121) as 
a flight attendant. Certificate Holder B cannot use the initial 
hazmat training provided by Certificate Holder A to satisfy its 
training obligation. Certificate Holder B must ensure that the 
flight attendant completes its approved hazmat training program 
before permitting the flight attendant to work in that capacity, 
unless the certificate holder uses the flight attendant as permitted 
by the exception in Sec.  121.803(b).
4. New Hire/New Job Functions--(Sec. Sec.  121.803 and 135.503--
Paragraphs (b))
    There would be two exceptions to Sec. Sec.  121.803(a) and 
135.503(a). The exceptions would apply to persons who are new hires or 
who are changing job functions and have not received the required 
initial or recurrent hazmat training for the new job function. The new 
hire/new job function exception would apply only to persons performing 
a function involving storage incidental to transport, or loading or 
unloading of items on an aircraft for transport. This exception could 
not be used for persons performing or supervising any other TRF. The 
exception would not apply to persons supervising a function, nor would 
the exception apply to someone performing a function involving a task 
other than storage incidental to transport, loading, or unloading. The 
new hire/new job function exception would apply for a period of not 
more than 30 days from either the date of hire or, for a change in 
functions, the date the person began performing the new job function.
    To use this exception, the person would have to be under the direct 
visual supervision of another person authorized to supervise him or her 
by the certificate holder. The supervisor would have to have 
successfully completed the certificate holder's approved initial or 
recurrent hazardous materials training program. In addition, the 
certificate holder would have to comply with the recordkeeping 
requirements in Sec.  121.804(b) or Sec.  135.504(b), as appropriate. 
The supervisor would have to observe the untrained person's performance 
to ensure that the function is performed in compliance with both the 
FAA's regulations and the DOT's HMRs. The supervisor-to-worker ratio 
would be approved by the principal operations inspector or the 
principal security inspector. Use of a video camera would not satisfy 
the direct visual supervision requirement.
    The proposed new hire/new job function exception would be similar 
to the exception in 49 CFR 172.704(c)(1) for multi-modal training in 
that it would apply to new hires or persons changing job functions. 
However, unlike the exception in 49 CFR, the proposed exception would 
apply only to persons performing storage, loading, or unloading 
functions and would be valid only for 30 days from the date of 
employment or a change in job function. This is more limited than the 
new hire/new job function exception now in 49 CFR is not limited by job 
function and applies for 90 days after employment or a change in job 
function.
5. Persons Working for More Than One Certificate Holder (Sec. Sec.  
121.803 and 135.503--Paragraphs (c))
    The second exception to the proposed rule (proposed Sec. Sec.  
121.803(c) and 135.503(c)) would apply to workers who perform or 
supervise a TRF for more than one certificate holder. Under this 
exception, a certificate holder using a person to perform or supervise 
a TRF would need only to train that person in its own policies and 
procedures, in accordance with its own hazardous materials training 
program. The certificate holder could use this exception only if:
    (1) It received written verification from an authorized, 
knowledgeable person representing the other certificate holder for whom 
the person works that the person has satisfactorily completed the other 
certificate holder's required initial or annual approved hazardous 
materials training for that specific function.

[[Page 24816]]

    (2) The certificate holder who trained the person had the same 
will-carry or will-not-carry status as the certificate holder using the 
exception.
    Example B explains how this exception would apply:

    Example B: Employees at a repair station perform work for 10 
will-carry certificate holders. As part of the workers' duties, they 
package COMAT for these certificate holders and load the packages 
onto aircraft for transport. All these employees performing any 
function involving packaging, loading, or unloading COMAT would have 
to be trained according to Appendix N of part 121 under at least one 
certificate holder's approved training program and then receive the 
policy and procedure training (module 13 of Appendix N of part 121) 
for each of the remaining nine certificate holders. The employees 
would have to receive this training on an annual basis. However, if 
a worker performing loading and unloading functions for a will-not-
carry certificate holder, and then were to be used for a will-carry 
operator, the will-carry certificate holder could not use the 
exception. This employee would have to be fully trained under the 
will-carry certificate holder's approved hazmat training program.

    The exception would minimize the training burden on certificate 
holders. Given the curriculum mandated, the core of each certificate 
holder's training program would be substantially the same. The only 
differences would be a certificate holder's policies and procedures for 
implementing the regulations. Thus, a certificate holder using a person 
trained by another certificate holder would only have to train that 
person in the way it complies with the regulations.
6. Recurrent Training (Sec. Sec.  121.803 and 135.503--Paragraphs (d))
    As noted above, the definition of the term ``recurrent hazardous 
materials training'' would be similar to the definition of ``recurrent 
training'' used in part 121, subpart O, for flight training. Under the 
proposed rule, recurrent hazardous materials training would have to be 
completed within a year. Thus, all persons affected by these rules 
would have to receive hazardous materials training once a year. 
However, a person would be allowed to receive recurrent hazardous 
materials training earlier than it is due or before the end of the 
month after it is due. This exception would be similar to that 
currently in Sec.  121.433a(a). Thus, if recurrent hazmat training were 
due in January, but were completed in February, it would be considered 
as having been accomplished in January, and recurrent training would be 
due again before the end of the following January. If the training 
occurred before January, the anniversary month would be the month in 
which it occurred.
7. Notice to Repair Stations-- (Sec. Sec.  121.803 and 135.503--
Paragraphs (e))
    Based on the NTSB's report on Valujet Flight 592 and the FAA's 
experience with repair stations, the FAA has concluded that there 
should be better communication between repair stations and the 
certificate holders regarding the will-carry or will-not-carry status 
of the certificate holder. This proposed requirement would ensure that 
communication. Under proposed Sec. Sec.  121.803(e) and 135.503(e), 
certificate holders would be responsible for providing written 
notification to each repair station that performed work on its behalf 
and that used or replaced consumable materials, aircraft parts, or 
other items regulated by 49 CFR parts 171 through 180, of its will-
carry or will-not-carry status, and its policies and procedures. 
Additionally, the certificate holder would have to verify that the 
repair station was ``aware of'' its status and policies and procedures. 
The words ``aware of'' would mean that the certificate holder could not 
take care of its responsibilities under this rule simply by mailing a 
letter to the repair station stating whether it was a will-carry or 
will-not-carry operator. The certificate holder would have to 
communicate this policy to the repair station and ensure that 
management were actually aware of the certificate holder's policies and 
procedures regarding hazmat.
8. Foreign Locations (Sec. Sec.  121.803 and 135.503--Paragraphs (f))
    Proposed Sec. Sec.  121.803(f) and 135.503(f) would maintain the 
current exception in Sec.  121.433a for certificate holders operating 
at foreign locations. Under this exception, part 121 or part 135 
certificate holders operating in foreign locations where they are 
required to use persons working in that country to load and unload 
aircraft could use persons even if they have not received the required 
hazmat training, but only if they are under the direct visual 
supervision of someone who has received the required initial or 
recurrent training. This exception would apply to those persons loading 
or unloading an item onto or off of an aircraft.
    ``Direct visual supervision'' in paragraph (f) would mean the same 
as it would for the new hire/new job function exception.
9. Recordkeeping Requirements (Sec. Sec.  121.804 and 135.504)
    Current Sec. Sec.  121.433a(b) and 135.333(b) require records to be 
maintained for initial and recurrent hazmat training given to 
crewmembers and ground personnel ``who perform assigned duties and 
responsibilities for the handling and carriage of dangerous articles 
and magnetized materials.''
    Paragraph (a): Proposed Sec. Sec.  121.804(a) and 135.504(a) would 
require each certificate holder to maintain training records of all 
initial and recurrent training received within the preceding 3 years 
for all categories of persons listed in Appendix N of part 121 
performing or supervising a TRF for 90 days after they stop performing 
or supervising TRFs. This length of time would be identical to that 
required by 49 CFR 172.704(d). The certificate holder would be 
responsible for maintaining records of anyone who performed work for 
the certificate holder including direct employees, contractors, 
subcontractors, and any other person performing or supervising a TRF.
    Paragraph (b): Proposed paragraph (b) would require that these 
records be maintained at the current location the trained person 
performs or supervises the TRF. When that person ceases to perform such 
a function, the records must be maintained at the last location for 90 
days.
    Paragraph (c): Under proposed Sec. Sec.  121.804(c) and 135.504(c), 
the information maintained would be more specific than that required by 
49 CFR 172.704(d). In addition to the person's name, the proposed rule 
would require the following:
    (1) The function performed or supervised;
    (2) The dates of each training course successfully completed for 
the preceding 3 years;
    (3) A statement signed and dated by a person designated by the 
Director of Training certifying that the person has completed training 
in accordance with the certificate holder's approved hazardous 
materials training program; and
    (4) A description of each training course successfully completed by 
that person that would include for each course:
    [sbull] The date of the course,
    [sbull] Its subject matter of the course or training area covered;
    [sbull] The number of course hours;
    [sbull] The instructor's name and signature indicating the person's 
successful completion of the course, and the person's name and 
signature indicating the person's attendance; and

[[Page 24817]]

    [sbull] The name and business address of the organization or 
professional instructor who provided the training.
    The current FAA rules do not specify information that must be 
contained in the training record; however, since 1990, DOT's HMRs have 
specified it. Section 172.704(d) of 49 CFR specifies that the record 
must contain the hazmat employee's name; the most recent training 
completion date; a description, copy, or location of the training 
materials used in the training; the name and address of the person 
providing the training; and certification that the hazmat employee has 
been trained and tested as required. DOT's HMRs already require hazmat 
employers (will-carry certificate holders) to maintain records that 
include the preceding 3 years for all persons defined under 49 CFR 
171.8 as hazmat employees. Thus, to the extent that the training 
curriculum prescribed in the proposed regulations would be used to 
comply with the training requirement in DOT's HMRs, the requirement is 
duplicative. However, because the proposed training program covers more 
categories of persons than the recordkeeping requirements in 49 CFR, 
the duplication would be necessary. The proposed recordkeeping 
provision also would require more extensive information on the classes 
attended by the affected persons. The proposed recordkeeping rules 
would enable the FAA to monitor compliance with the hazmat training 
requirements and assess the quality of training provided to persons who 
would be covered by this rule.
    Paragraph (d): Proposed Sec. Sec.  121.804(d) and 135.504(d) would 
also contain a recordkeeping requirement for a certificate holder using 
the new hire/new job function exception. This requirement would be 
necessary to monitor compliance with the new exception. Under the 
proposed requirements, a certificate holder using a person under the 
exception in Sec.  121.803(b) or 135.503(b) would have to maintain a 
record that included:
    (1) A signed statement from an authorized representative of the 
certificate holder authorizing the use of the person in accordance with 
the exception;
    (2) The date of hire or change in job function;
    (3) The person's name and assigned functions;
    (4) The name of the supervisor of the function; and
    (5) The date the person is to receive and complete hazmat training 
in accordance with proposed Appendix N of part 121.

F. Part 121, Appendix N--Hazmat Training Curriculum

    The training curriculum in Appendix N would replace the recommended 
curriculum in AC 121-21B. The training curriculum would be modeled on 
the curriculum adopted in ICAO Document 9284/AN-905, ``Technical 
Instructions for the Safe Transport of Dangerous Goods By Air'' (ICAO 
Technical Instructions). However, the two curricula would not be 
identical. For instance, the types of training provided to certain 
categories of workers would be expanded from that required by the ICAO 
Technical Instructions, especially for will-not-carry certificate 
holders. Additionally, categories of workers would be function-based; 
thus, a flight crewmember may need to have training in acceptance of 
cargo if he or she performed any task relevant to that function. 
Finally, the ICAO Technical Instructions require recurrent training 
only every 2 years, instead of every year, as the FAA proposes. The 
ICAO 2-year requirement is reflected in most foreign regulations, such 
as those promulgated in the Joint Aviation Requirements and proposed by 
the European Union.
    Appendix N of part 121 would use a matrix that identifies 13 
separate training modules, six categories of workers, and the training 
modules required for each category of worker. Appendix N of part 121 
would provide clear standards for hazmat training programs applicable 
to both will-carry and will-not-carry certificate holders.
    The training curriculum would vary depending upon the function to 
be performed or supervised. Standards for will-not-carry training would 
require that both part 121 and part 135 will-not-carry certificate 
holders conduct recognition training to enable persons performing or 
supervising a TRF to identify undeclared, as well as declared, hazmat. 
The training curriculum for will-carry operators would cover the three 
phases of training specified by the HMRs: General awareness, function-
specific, and safety training.
    To receive FAA approval, a training program would have to provide 
ample time to ensure that all areas were thoroughly covered. 
Additionally, the FAA proposes that any approved training program would 
have to provide an interactive session with an instructor who could 
address any questions or problem areas.
    The FAA is proposing that each person would have to be tested by a 
written or performance-based test. The certificate holder would have to 
document to the FAA that the test covered, and the person comprehended, 
each subject area required by Appendix N. To ensure comprehension, the 
FAA would expect an instructor to review parts of the test that the 
test taker could not answer, or answered incorrectly and re-instruct 
the trainee. The FAA encourages the use of performance-based or other 
types of tests that are characterized by practical application of the 
subject matter to the TRFs performed by the certificate holder. 
Comprehension includes both understanding the subject matter and how it 
relates to the functions performed by the individual.
    Based on a ``Special Emphasis Review'' conducted by the Principal 
Operations Inspectors, the FAA believes that most part 121 and 135 
certificate holders have already implemented a hazmat training program 
similar to the ICAO training curriculum. Because the ICAO Technical 
Instructions are the basis for proposed curriculum, the FAA believes 
that this proposal would largely incorporate existing practice.
    It should be noted that foreign carriers entering the United States 
under 14 CFR part 129 would not be affected by the proposed amendment.

G. Part 135, Subpart K--Single-Pilot Operation

    Current part 135 contains exceptions for certificate holders who 
use only one pilot in their operations. Specifically, these certificate 
holders are excepted from the manual requirements in Sec.  135.21. 
These certificate holders, however, would remain subject to the hazmat 
training requirements in Sec.  135.333.
    Under the proposed rules, all part 135 certificate holders, 
including single-pilot certificate holders, would have to meet the 
hazmat training requirements of proposed part 135, subpart K, although 
they would not have to have a ``training program'' as such. 
Additionally, those persons loading aircraft for these certificate 
holders also would have to receive hazmat training that would meet the 
requirements of proposed Appendix N of part 121 and be informed of the 
certificate holder's restrictions and limitations regarding the 
carriage of hazardous materials.
    Although certificate holders with only one pilot do not have an 
approved training program, these certificate holders would have to be 
able to demonstrate compliance with this proposed hazmat training rule 
and would have to continue to maintain records of training. In 
addition, certificate holders conducting operations that transport 
hazmat with one pilot would remain subject to DOT's hazardous materials 
training and

[[Page 24818]]

recordkeeping requirements in 49 CFR 172.700 through 172.704.

H. Part 145--Repair Stations

    The FAA continues to be concerned about hazmat training provided to 
persons performing work at repair stations used by a certificate 
holder. The FAA, therefore, proposes to require that repair stations 
that are hazmat employers under 49 CFR 171.8, and use aircraft 
components, consumable materials, or other items regulated under 49 CFR 
parts 171 through 180, establish a hazmat training program and provide 
evidence of compliance with that program when applying for 
certification or rating. The proposed rule would allow the FAA to 
ensure compliance with DOT's HMRs. Historically, this compliance has 
been sought through civil penalty enforcement actions following the 
discovery of violations of the HMRs, but the FAA believes that 
additional requirements should be in place to ensure that repair 
stations are complying with DOT's HMRs. If they are not complied with, 
the FAA would have the option of taking certificate action against the 
repair station.
    Many required items on aircraft contain, or are themselves, 
regulated hazmat. Examples include oxygen generators used to provide 
oxygen to passengers in the event of an emergency and fuel control 
units for jet engines. Since the crash of Valujet Flight 592, the FAA 
repeatedly has investigated incidents where oxygen generators and fuel 
control units have been improperly offered and accepted for air 
transportation. The FAA believes that these proposed FAA rules would 
increase compliance with the hazmat training requirements of 49 CFR 
172.700 through 172.704, and the rules regulating hazmat in commerce.
    Additionally, the FAA is proposing to require that repair station 
management notify all workers of the will-not-carry or will-carry 
status of the certificate holders for which it works. This would have 
to be done upon being notified by the certificate holder in accordance 
with Sec.  121.803(d) or Sec.  135.503(d). This would mirror 
certificate holder requirements contained in parts 121 and 135 and 
would provide the necessary follow-through from repair station 
management to worker.
    Foreign repair stations must seek certification under part 145 to 
perform maintenance on United States-registered aircraft operated under 
part 121. Those part 145 foreign repair stations would be bound by the 
proposed rule. It would not apply to foreign repair stations that do 
not seek part 145 certification.
1. Section 145.5--Hazardous Materials Training
    Paragraph (a): The FAA is proposing to add Sec.  145.5(a) to cross-
reference the hazardous materials training requirement in 49 CFR. The 
FAA is not proposing that the repair stations do anything that they are 
not already doing under DOT's HMRs. Based on the FAA's experience, 
however, many repair stations that use consumable hazardous materials 
or other hazmat, or replace aircraft components, do not realize that 
many of these items are regulated by 49 CFR parts 171 through 180. By 
including this cross-reference in part 145, the FAA would be notifying 
all repair stations that they should carefully review the items with 
which they work to determine whether any are regulated by 49 CFR parts 
171 through 180. If so, the repair station would have to establish and 
implement a hazardous materials training program, if one were not 
already in place.
    Paragraph (b): Proposed Sec.  145.5(b) would prohibit repair 
station workers from performing or supervising a TRF for part 121 or 
part 135 certificate holders, unless those persons had received annual 
training in accordance with the part 121 or part 135 certificate 
holder's approved hazardous materials training program.
2. Section 145.11--Application and Issue
    Proposed Sec.  145.11(a)(5) would require part 145 certificate 
holders that are hazmat employers under 49 CFR 171.8 to certify to the 
FAA that, at the time of application, they train all hazmat employees, 
as defined in 49 CFR 171.8, as required by the HMRs. This certification 
would have to be submitted along with the repair station's application 
for a part 145 certificate or rating. Requiring the repair station to 
provide this certificate would impose minimal additional documentation 
as part of the application for certification or rating process, but 
would ensure that the applicant is aware of its responsibility under 
the HMRs.
3. Section 145.27--Notification of Hazardous Materials Authorizations
    Proposed Sec.  145.27 would require each repair station to notify 
each of its workers of the will-carry or will-not-carry status of the 
certificate holders for which the repair station does work.

III. Paperwork Reduction Act

    This proposal contains the following new information collection 
requirements. As required by the Paperwork Reduction Act of 1995 (44 
U.S.C. 3507(d)), the Department of Transportation has submitted the 
information requirements associated with this proposal to the Office of 
Management and Budget for its review.
    Description of respondents: Part 121, part 135, and part 145 
certificate holders.
    Need: This NPRM would require a part 121 or a part 135 certificate 
holder to update its training manuals, restructure its recordkeeping 
data bases, update its employee training records, and notify its repair 
stations of its status as a will-carry or a will-not-carry operator.
    The NPRM would also require a part 145 certificate holder to notify 
its employees of the will-carry or will-not-carry status of each of the 
part 121 or part 135 certificate holders it works for, and to certify 
to the FAA that it is in compliance with the regulations.
    Estimated burden: The NPRM would require a total of 3,673,948 hours 
at a cost of $75,756,500.
    The agency is soliciting comments to: (1) Evaluate whether the 
proposed collection of information would be necessary for the proper 
performance of the functions of the agency, including whether the 
information would have practical utility; (2) evaluate the accuracy of 
the agency's estimate of the burden; (3) enhance the quality, utility, 
and clarity of the information proposed to be collected; and (4) 
minimize the burden of the collection of information, including through 
the use of appropriate automated, electronic, mechanical, or other 
technological collection techniques or other forms of information 
technology (for example, permitting electronic submission of 
responses).
    Individuals and organizations may see the ``Supporting Statement 
for the Paperwork Reduction Act Submission'' on the Internet at http://dms.dot.gov, or by submitting a request to the Federal Aviation 
Administration, Office of Rulemaking, ARM-1, 800 Independence Ave., 
SW., Washington, DC 20591 (202-267-9680). Be sure to identify the 
docket number of this rulemaking. Individuals and organizations may 
submit comments on the information collection requirement by the 
comment closing date shown under ``Dates.'' Comments should be directed 
to the address under Addresses above.
    According to the regulations implementing the Paperwork Reduction 
Act of 1995 (5 CFR 1320.8(b)(2)(vi)), an agency may not conduct or 
sponsor, and a person is not required to respond to, a collection of 
information unless it displays a currently valid OMB control number. 
The OMB control number for this information collection will be 
published in the Federal Register after

[[Page 24819]]

it has been approved by the Office of Management and Budget.

IV. International Compatibility

    The FAA has reviewed the International Civil Aviation Organization 
(ICAO) Annex 18, International Standards and Recommended Practices for 
the Safe Transport of Dangerous Goods by Air; the ICAO Technical 
Instructions for the Safe Transport of Dangerous Goods by Air; the 
(proposed) European Union regulations OPS 1.1135, Approval to Transport 
Dangerous Goods; and the Joint Aviation Requirements--Operations, and 
other regulations, where they exist. The agency has evaluated 
similarities and differences in these proposed amendments and foreign 
regulations. Differences would affect U.S. aircraft operators only, 
and, therefore, it would not be necessary for the FAA to file any 
differences with ICAO. Foreign carriers operating in the United States 
would not be affected by the proposed rule.

V. Economic Evaluation Summary

    Proposed changes to Federal regulations must undergo several 
economic analyses. First, Executive Order 12866 directs each Federal 
agency to propose or adopt a regulation only if the agency makes a 
reasoned determination that the benefits of the intended regulation 
justify its costs. Second, the Regulatory Flexibility Act of 1980 
requires agencies to analyze the economic impact of regulatory changes 
on small entities. Third, the Trade Agreements Act (19 U.S.C. 2531 
through 2533) prohibits agencies from setting standards that create 
unnecessary obstacles to the foreign commerce of the United States. In 
developing U.S. standards, this Trade Act requires agencies to consider 
international standards. Where appropriate, agencies are directed to 
use those international standards as the basis of U.S. standards. And 
fourth, the Unfunded Mandates Reform Act of 1995 requires agencies to 
prepare a written assessment of the costs, benefits and other effects 
of proposed or final rules. This requirement applies only to rules that 
include a Federal mandate on State, local or tribal governments or the 
private sector, likely to result in a total expenditure of $100 million 
or more in any one year (adjusted for inflation).
    In conducting these analyses, FAA has determined this proposed 
rule: (1) Would have benefits which would justify its costs, would be a 
``significant regulatory action'' as defined in the Executive Order and 
would be ``significant'' as defined in DOT's Regulatory Policies and 
Procedures; (2) would not have a significant economic impact on a 
substantial number of small entities; (3) would impose no barriers to 
international trade; and (4) would not impose an unfunded mandate on 
state, local, or tribal governments, or on the private sector. The FAA 
has placed these analyses in the docket and summarized them below.

Benefits

    The proposed rule is intended to reduce the improper carriage of 
hazardous materials aboard part 121 and 135 aircraft by updating and 
clarifying the current hazardous material requirements for these 
operators and by amending the certification procedures and requirements 
for part 145 repair stations that use or handle hazardous materials.
    A review of the National Transportation Safety Board database 
indicates that there have been six hazardous materials related 
accidents in the 10-year period 1989 through 1998. The FAA sanctioned 
64 violations of the hazardous materials regulations and imposed fines 
amounting to $1.3 million for these violations during 2000. The 
potential for further accidents is significant given the number of 
serious incidents being investigated by the FAA. A review of active 
cases in 1999 indicated that at least 59 were for serious hazardous 
materials violations against certificate holders. Given that there have 
been six accidents in the past in which hazardous materials were 
involved, the FAA estimates that there almost certainly will be a 
hazardous materials related accident in the next decade based on the 
past accident history. Furthermore, given that one of the six accidents 
involved fatalities, the FAA believes there is a chance that there will 
be one or more fatal accidents attributable to hazardous materials 
violations if the current regulations are not improved. The FAA 
estimates that a single fatal accident would result in 79 lives lost 
and a monetary loss of $232 million.

Costs

    The FAA has analyzed the expected costs of this proposal for a 10-
year period, 2002 through 2011. All costs in this analysis are 
expressed in 1999 dollars. The estimated industry costs over 10 years 
total $107.5 million, or $75.8 million discounted. These costs consist 
of the initial cost of revising manuals and upgrading databases, annual 
recordkeeping, and annual notifications. In addition, some carriers 
would incur the cost for initially training personnel in the more 
comprehensive hazardous materials recognition programs and for 
recurrent training. The cost of revising manuals is estimated at 
$321,000, ($300,000 discounted); database upgrades at $617,000 
($577,000 discounted); recordkeeping at $13,526,000 ($9,294,000 
discounted); and notifications at $549,500 ($449,800 discounted). The 
training of aircraft operator and repair station persons is estimated 
at $91.6 million ($64.5 million discounted). Repair station record 
submission and staff notification costs are estimated at $878,000 
($612,000 discounted).
    Public comment is invited. The FAA requests that all comments be 
accompanied by clear economic documentation.

Cost-Benefit Analysis

    The National Transportation Safety Board's accident database shows 
one fatal accident in the past 10 years. Applying the Poisson 
probability distribution to that one fatal accident suggests that, 
under the proposed rule, there would be more than a 60 percent chance 
that one or more fatal accidents would be avoided. (See the discussion 
of ``Benefits'' in the complete Regulatory Impact Analysis, which is 
contained in the public docket.) The monetary benefit of avoiding a 
single accident resulting in fatalities is estimated at $232 million. 
The cost of implementing this proposed rule is estimated at $107.5 
million over the next 10 years.
    The cost of a final rule (``Hazardous Materials: Chemical Oxidizers 
and Compressed Oxygen Aboard Aircraft'' (64 FR 45388; Aug. 19, 1999)) 
published by the Research and Special Programs Administration, using 
the same accident database, was estimated at $865,000, thus raising 
total costs to industry to $108.3 million. Since the potential benefits 
exceed the additional costs of this proposed rule and the RSPA final 
rule, the proposed rule would be cost beneficial.
    The FAA invites public comments and requests that all comments be 
accompanied with clear and detailed supporting economic documentation.

VI. Initial Regulatory Flexibility Determination

    The Regulatory Flexibility Act of 1980 (RFA) establishes ``as a 
principle of regulatory issuance that agencies shall endeavor, 
consistent with the objective of the rule and of applicable statutes, 
to fit regulatory and informational requirements to the scale of the 
business, organization, and government jurisdictions subject to 
regulation.'' To achieve that principle, the RFA requires

[[Page 24820]]

agencies to solicit and consider flexible regulatory proposals and to 
explain the rationale for their actions. The RFA covers a wide range of 
small entities, including small businesses, not-for-profit 
organizations and small governmental jurisdictions.
    Agencies must perform a review to determine whether a proposed or 
final rule will have a significant economic impact on a substantial 
number of small entities. If the determination is that it will, the 
agency must prepare a regulatory flexibility analysis as described in 
the RFA. However, if an agency determines that a proposed or final rule 
is not expected to have a significant economic impact on a substantial 
number of small entities, section 605(b) of the 1980 RFA provides that 
the head of the agency may so certify and a regulatory flexibility 
analysis is not required. The certification must include a statement 
providing the factual basis for this determination, and the reasoning 
should be clear.
    The Small Business Administration (SBA) suggests that ``small'' 
entities can be identified either on the basis of employees or 
revenues. For this proposed rule, small entities are composed of two 
distinct groups: Aircraft operators and repair stations. The SBA 
suggests that aircraft operators with 1,500 or fewer employees are 
``small'' entities. The aircraft operators consist of small part 121 
operators and small part 135 operators. To determine the impact of the 
proposed rule on the 110 small part 121 operators and the 1,780 small 
part 135 operators, the FAA has estimated the annualized cost impact on 
these two categories of small entities separately, since the proposed 
rule's impacts differ.
    The proposed rule could impose an estimated cost of $4.5 million on 
the 110 small part 121 operators over the next 10 years. The average 
annualized cost per small operator is estimated at $4,100. However, the 
FAA estimates that two will-carry operators would incur all six cost 
elements (manual revisions, database upgrades, recordkeeping, 
notifications, deficiency training, repair station training) and the 
annualized cost to each of these entities is estimated at $82,400. The 
costs to will-not-carry operators would be lower since less training 
would be required. According to an SBA analysis of Bureau of Census 
data for scheduled air transportation firms, firms with fewer than 500 
employees have average revenues of $10.75 million. The estimated cost 
to each of these small entities is approximately eight-tenths of one 
percent of the average revenue of $107,531 of these firms. Thus none of 
the 110 small part 121 entities would incur a substantial economic 
impact in the form of higher annual costs as the result of the proposed 
rule.
    The proposed rule could impose an estimated cost of $32.6 million 
on the 1,780 small part 135 operators over the next 10 years. While the 
average annualized cost per small operator is estimated at $1,800, some 
49 will-carry entities would each incur annualized costs of $7,600. 
These operators would incur higher training costs than will-not-carry 
operators. According to a Small Business Administration analysis of 
Bureau of Census data for non-scheduled air transportation firms, firms 
with fewer than 500 employees have average revenues of $1.87 million. 
The estimated cost to each of these small entities is approximately 
four-tenths of one percent of the average revenue ($18,700) of non-
scheduled air transportation firms with fewer than 500 employees, based 
on the SBA analysis of Bureau of Census data, and thus none of the 
small part 135 entities would incur a substantial economic impact in 
the form of higher annual costs as the result of the proposed rule. 
Therefore, the FAA has determined that this proposed rule would not 
have a significant impact on a substantial number of small part 121 or 
part 135 operators.
    The SBA suggests that ``small'' repair stations can be identified 
as those firms with annual revenues of $5 million or less. Research 
conducted for the FAA indicates that approximately 56 percent of all 
domestic repair stations meet this criterion. The proposed rule is 
expected to impose an estimated cost of $878,000 on the 1,935 small 
independent domestic part 145 repair stations. The average annualized 
cost to the 56 small repair stations that incur both cost elements 
(record submission and staff notification) is estimated at $125. The 
FAA considers this amount economically insignificant. Therefore, the 
FAA has determined that this proposed rule would not have a significant 
impact on a substantial number of small entities. Accordingly, pursuant 
to the Regulatory Flexibility Act, 5 U.S.C. 605 (b), the Federal 
Aviation Administration certifies that this proposed rule would not 
have a significant economic impact on a substantial number of small 
entities.

VII. International Trade Impact Assessment

    The Trade Agreement Act of 1979 prohibits Federal agencies from 
engaging in any standards or related activities that create unnecessary 
obstacles to the foreign commerce of the United States. Legitimate 
domestic objectives, such as safety, are not considered unnecessary 
obstacles. The statute also requires consideration of international 
standards and where appropriate, that they be the basis for U.S. 
standards.
    In accordance with the above statute, the FAA has assessed the 
potential effect of this proposed rule and has determined that it would 
impose costs on domestic entities that international entities operating 
into and out of the United States would not incur. However, the 
anticipated safety benefits warrant these costs and, therefore, these 
costs are not considered unnecessary obstacles to the foreign commerce 
of the United States.

VIII. Unfunded Mandates Reform Act Assessment

    The Unfunded Mandates Reform Act of 1995 (the Act), enacted as 
Public Law 104-4 on March 22, 1995 is intended, among other things, to 
curb the practice of imposing unfunded Federal mandates on State, 
local, and tribal governments. Title II of the Act requires each 
Federal agency to prepare a written statement assessing the effects of 
any Federal mandate in a proposed or final rule that may result in a 
$100 million or more expenditure (adjusted annually for inflation) in 
any one year by State, local, and tribal governments, in the aggregate, 
or by the private sector; such a mandate is deemed to be a 
``significant regulatory action.'' This proposed rule does not contain 
such a mandate. Therefore, the requirements of Title II of the Unfunded 
Mandates Reform Act of 1995 do not apply.

IX. Executive Order 13132, Federalism

    The FAA has analyzed this proposed rule under the principles and 
criteria of Executive Order 13132, Federalism. The FAA has determined 
that this action would not have a substantial direct effect on the 
States, or the relationship between the national government of the 
United States, or on the distribution of power and responsibilities 
among the various levels of government. Therefore, the FAA determined 
that this notice of proposed rulemaking would not have Federalism 
implications.

X. Environmental Analysis

    FAA Order 1050.1D defines FAA actions that may be categorically 
excluded from preparation of a National Environmental Policy Act (NEPA) 
environmental impact statement. In accordance with FAA Order 1050.1D, 
appendix 4, paragraph 4(j), this

[[Page 24821]]

proposed rulemaking action qualifies for a categorical exclusion.

XI. Energy Impact

    The energy impact of this notice of proposed rulemaking has been 
assessed in accordance with the Energy Policy and Conservation Act 
(EPCA), Public Law 94-163, as amended (42 U.S.C. 6362) and FAA Order 
1053.1. The FAA has determined that the proposed rule is not a major 
regulatory action under the provisions of the EPCA.

List of Subjects

14 CFR Part 119

    Administrative practice and procedure, Air carriers, Aircraft, 
Aviation safety, Charter flights, Reporting and recordkeeping 
requirements.

14 CFR Part 121

    Air carriers, Aircraft, Airmen, Aviation safety, Charter flights, 
Reporting and recordkeeping requirements, Safety, Transportation.

14 CFR Part 135

    Aircraft, Airmen, Aviation Safety, Reporting and recordkeeping 
requirements.

14 CFR Part 145

    Aircraft, Aviation safety, Reporting and recordkeeping 
requirements.

The Proposed Amendments

    In consideration of the foregoing, the Federal Aviation 
Administration proposes to amend parts 119, 121, 135, and 145 of title 
14, Code of Federal Regulations, as follows:

PART 119--CERTIFICATION: AIR CARRIERS AND COMMERCIAL OPERATORS

    1. The authority citation for Part 119 continues to read as 
follows:

    Authority: 49 U.S.C. 106(g), 1153, 40101, 40102, 40103, 40113, 
44105, 44106, 44111, 44701-44717, 44722, 44901, 44903, 44904, 44906, 
44912, 44914, 44936, 44938, 46103, 46105.

    2. Amend part 119 by adding Special Federal Aviation Regulation No. 
99 as follows:

Special Federal Aviation Regulation No. 99--Hazardous Materials 
Regulations Governing Manual And Training Requirements

    1. Applicability. This Special Federal Aviation Regulation (SFAR) 
applies to all U.S. air carriers and commercial operators that are 
issued a certificate under part 119 of this chapter on or before 
[effective date of the final rule] to operate under part 121 or part 
135 of this chapter. Notwithstanding parts 121 and 135 of this chapter, 
these air carriers and commercial operators may comply with either the 
provisions of this SFAR until its expiration, or part 121, subpart Y, 
or part 135, subpart K.
    2. Definition. The term certificate holder, as used in this SFAR, 
means a person certificated in accordance with part 119, subpart C, of 
this chapter and operating under part 121 or part 135 of this chapter.
    3. Manual Contents. (a) Each manual required by Sec.  121.133 shall 
contain procedures and information to assist personnel to identify 
packages marked or labeled as containing hazardous materials and, if 
these materials are to be carried, stored, or handled, procedures and 
instructions relating to the carriage, storage, or handling of 
hazardous materials, including the following:
    (1) Procedures for determining whether the material is accompanied 
by the proper shipper certification required by 49 CFR Chapter I, 
Subchapter C; whether it is properly packed, marked, and labeled; 
whether it is accompanied by the proper shipping documents; and whether 
requirements for compatibility of materials have been met.
    (2) Instructions on the loading, storage, and handling.
    (3) Notification procedures for reporting hazardous material 
incidents as required by 49 CFR Chapter I, Subchapter C.
    (4) Instructions and procedures for the notification of the pilot 
in command when there are hazardous materials aboard, as required by 49 
CFR Chapter I, Subchapter C.
    (b) Each manual required by Sec.  135.21 of this chapter shall 
contain procedures and instructions to enable personnel to recognize 
hazardous materials, as defined in 49 CFR, and if these materials are 
to be carried, stored, or handled, procedures and instructions for:
    (1) Accepting shipment of hazardous material regulated by 49 CFR to 
assure proper packaging, marking, labeling, shipping documents, 
compatibility of articles, and instructions their loading, storage, and 
handling;
    (2) Notification and reporting hazardous material incidents as 
required by 49 CFR; and
    (3) Notification of the pilot in command when there are hazardous 
materials aboard, as required by 49 CFR.
    4. Training Program. (a) Each certificate holder required to have a 
training program under Sec.  121.401 of this chapter shall establish, 
obtain the appropriate initial and final approval of, and provide, a 
training program that meets the requirements of part 121, subpart N, 
and appendices E and F of part 121 of this chapter. Each certificate 
holder required to have a training program under Sec.  121.401 of this 
chapter shall ensure that each crewmember, aircraft dispatcher, flight 
instructor, and check airman, and each person assigned duties for the 
carriage and handling of hazardous materials, is adequately trained to 
perform his or her assigned duties.
    (b) Each certificate holder required to have a training program 
under Sec.  135.341 of this chapter shall establish, obtain the 
appropriate initial and final approval of, and provide a training 
program that meets the requirements of this SFAR. Each certificate 
holder required to have a training program under Sec.  135.341 of this 
chapter shall ensure that each crewmember, flight instructor, check 
airman, and each person assigned duties for the carriage and handling 
of hazardous materials (as defined in 49 CFR 171.8) is adequately 
trained to perform their assigned duties.
    5. Training requirements: Handling and carriage of hazardous 
materials under part 121. (a) No certificate holder conducting 
operations under part 121 of this chapter may use any person to perform 
and no person may perform, any assigned duties and responsibilities for 
the handling or carriage of hazardous materials governed by 49 CFR, 
unless within the past year that person has satisfactorily completed 
training in a program established and approved under this SFAR, which 
includes instructions regarding the proper packaging, marking, 
labeling, and documentation of hazardous materials, as required by 49 
CFR, and instructions regarding their compatibility, loading, storage, 
and handling characteristics. A person who satisfactorily completes 
training in the calendar month before, or the calendar month after, the 
month in which it becomes due, is considered to have taken that 
training during the month it became due.
    (b) Each certificate holder conducting operations under part 121 of 
this chapter shall maintain a record of the satisfactory completion of 
the initial and recurrent training given to crewmembers and ground 
personnel who perform assigned duties and responsibilities for the 
handling and carriage of hazardous materials.
    (c) When a certificate holder conducting operations under part 121 
of this chapter operates in a foreign country where the loading and 
unloading of aircraft must be performed by personnel of the foreign 
country, that certificate holder may use personnel not

[[Page 24822]]

meeting the training requirements of paragraphs (a) and (b) of this 
provision if they are supervised by a person qualified under paragraphs 
(a) and (b) of this provision to supervise the loading, offloading and 
handling of hazardous materials.
    6. Training requirements: Handling and carriage of hazardous 
materials under part 135. (a) Except as provided in paragraph (d) of 
this provision, no certificate holder conducting operations under part 
135 may use any person to perform, and no person may perform, any 
assigned duties and responsibilities for the handling or carriage of 
hazardous materials (as defined in 49 CFR 171.8), unless within the 
past year that person has satisfactorily completed initial or recurrent 
training in an appropriate training program established by the 
certificate holder, which includes instruction on--
    (1) The proper shipper certification, packaging, marking, labeling, 
and documentation for hazardous materials; and
    (2) The compatibility, loading, storage, and handling 
characteristics of hazardous materials.
    (b) Each certificate holder conducting operations under part 135 of 
this chapter, shall maintain a record of the satisfactory completion of 
the initial and recurrent training given to crewmembers and ground 
personnel who perform assigned duties and responsibilities for the 
handling and carriage of hazardous materials.
    (c) Each certificate holder, conducting operations under part 135 
of this chapter, that elects not to accept hazardous materials shall 
ensure that each crewmember is adequately trained to recognize those 
items classified as hazardous materials.
    (d) If a certificate holder conducting operations under part 135 of 
this chapter operates into or out of airports at which trained 
employees or contract personnel are not available, it may use persons 
not meeting the requirements of paragraph (a) or (b) of this provision 
to load, offload, or otherwise handle hazardous materials if these 
persons are supervised by a crewmember who is qualified under 
paragraphs (a) and (b) of this provision.
    7. Expiration. This Special Federal Aviation Regulation expires on 
[date 15 months after the effective date of the final rule].
    3. Amend Sec.  119.49 by redesignating paragraph (a)(13) as (a)(14) 
and adding a new paragraph (a)(13) to read as follows:


Sec.  119.49  Contents of operations specifications.

    (a) * * *
    (13) An authorization permitting, or a prohibition against, 
accepting, handling, and transporting of materials regulated as 
hazardous materials in transport under 49 CFR parts 171 through 180.
* * * * *

PART 121--OPERATING REQUIREMENTS: DOMESTIC FLAG, AND SUPPLEMENTAL 
OPERATIONS

    4. The authority citation for Part 121 continues to read as 
follows:

    Authority: 49 U.S.C. 106(g), 40113, 40119, 41706, 44101, 44701-
44702, 44705, 44709-44711, 44713, 44716-44717, 44722, 44901, 44903-
44904, 44912, 46105.

    5. Amend Sec.  121.135 by revising paragraph (b)(23) to read as 
follows:


Sec.  121.135  Contents.

* * * * *
    (b) * * *
    (23)
    (i) Provide procedures and information, as described in paragraph 
(b)(23)(ii) of this section, to assist each person performing or 
supervising the following functions involving items for transport on an 
aircraft:
    (A) Acceptance;
    (B) Rejection;
    (C) Handling;
    (D) Storage incidental to transport;
    (E) Packaging of company material;
    (F) Loading;
    (G) Unloading; or
    (H) Carriage.
    (ii) Ensure that the procedures and information described in this 
paragraph are sufficient to assist the person in identifying packages 
that are marked or labeled as containing hazardous materials or that 
show signs of containing undeclared hazardous materials. The procedures 
and information must include:
    (A) Procedures for rejecting packages that do not conform to the 
Hazardous Materials Regulations in 49 CFR parts 171 through 180 or that 
appear to contain undeclared hazardous materials;
    (B) Procedures for complying with the hazardous materials incident 
reporting requirements of 49 CFR 171.15 and 171.16;
    (C) The certificate holder's hazmat policies and whether the 
certificate holder is authorized to carry, or is prohibited from 
carrying, hazardous materials; and
    (D) If the certificate holder's operations specifications permit 
the carriage of hazardous materials, procedures and information to 
ensure the following:
    (1) That packages containing hazardous materials are properly 
offered and accepted in compliance with 49 CFR parts 171 through 180;
    (2) That packages containing hazardous materials are properly 
handled, stored, packaged, loaded, unloaded and carried on board an 
aircraft in compliance with 49 CFR parts 171 through 180;
    (3) That the requirements for discrepancy reporting (49 CFR 175.31) 
and Notice to the Pilot in Command (49 CFR 175.33) are complied with; 
and
    (4) That aircraft replacement parts, consumable materials or other 
items regulated by 49 CFR parts 171 through 180 are properly handled, 
packaged, and carried.
    6. Amend Sec.  121.401 by revising paragraph (a)(1) to read as 
follows:


Sec.  121.401  Training program: General.

    (a) * * *
    (1) Establish and implement a training program that satisfies the 
requirements of this subpart and appendices E and F of this part and 
that ensures that each crewmember, aircraft dispatcher, flight 
instructor and check airman is adequately trained to perform his or her 
assigned duties. Prior to implementation, the certificate holder must 
obtain initial and final FAA approval of the training program.
* * * * *


Sec.  121.433a  [Removed]

    7. Remove Sec.  121.433a.
    8. Add subpart Y, consisting of Sec. Sec.  121.801 through 121.804, 
to read as follows:

Subpart Y--Hazardous Materials Training Program


Sec.  121.801  Applicability and definitions.

    (a) This subpart prescribes the requirements applicable to each 
certificate holder for training each person performing or supervising 
any of the following functions involving any item for transport on 
board an aircraft:
    (1) Acceptance;
    (2) Rejection;
    (3) Handling;
    (4) Storage incidental to transport;
    (5) Packaging of company material;
    (6) Loading;
    (7) Unloading; or
    (8) Carriage.
    (b) Definitions. For purposes of this subpart, the following 
definitions apply:
    (1) Company material (COMAT)--Material owned or used by a 
certificate holder.
    (2) Initial hazardous materials training--The basic training 
required for each newly hired person, or each person

[[Page 24823]]

changing job functions, who performs or supervises any of the functions 
specified in paragraph (a) of this section.
    (3) Recurrent hazardous materials training--The yearly training 
required for each person who has satisfactorily completed the 
certificate holder's approved initial hazardous materials training 
program and performs or supervises any of the functions specified in 
paragraph (a) of this section.


Sec.  121.802  Hazardous materials training: General.

    (a) Each certificate holder must establish and implement a 
hazardous materials training program that:
    (1) Satisfies the requirements of Appendix N of this part;
    (2) Ensures that each person performing or supervising any of the 
functions specified in Sec.  121.801(a) is trained in accordance with 
49 CFR 172.700 and the requirements of this subpart; and
    (3) Enables the trained person to recognize items that contain, or 
may contain, hazardous materials regulated by 49 CFR parts 171 through 
180.
    (b) Each certificate holder must provide initial hazardous 
materials training and recurrent hazardous materials training to each 
person performing or supervising any of the functions specified in 
Sec.  121.801(a).
    (c) Each certificate holder's hazardous materials training program 
must be approved by the FAA prior to implementation.


Sec.  121.803  Hazardous materials training required.

    (a) Training requirement. Except as provided in paragraphs (b), (c) 
and (f) of this section, no certificate holder may use any person to 
perform any of the functions or supervisory responsibilities, and no 
person may perform any of the functions or supervisory 
responsibilities, specified in Sec.  121.801(a) unless that person has 
satisfactorily completed the certificate holder's FAA-approved initial 
or recurrent hazardous materials training program within the past year.
    (b) New hire or new job function. A person who is a new hire and 
has not yet satisfactorily completed the required initial hazardous 
materials training, or a person who is changing job functions and has 
not received initial or recurrent training for a function involving 
storage incidental to transport, loading, or unloading of items for 
transport on an aircraft, may perform those functions for not more than 
30 days from the date of hire or a change in job function, if:
    (1) The person is under the direct visual supervision of a person 
who is authorized by the certificate holder and who has successfully 
completed the certificate holder's FAA-approved initial or recurrent 
training program within the past year;
    (2) The supervisor-to-worker ratio is approved by the principal 
security inspector or the principal operations inspector.
    (c) Persons who work for more than one certificate holder. A 
certificate holder that uses or assigns a person to perform or 
supervise a function specified in Sec.  121.801(a), when that person 
also performs or supervises the same function for another certificate 
holder, need only train that person in its own policies and procedures 
regarding those functions, if all of the following are met:
    (1) The certificate holder using this exception receives written 
verification from an authorized, knowledgeable person representing the 
other certificate holder that the person has satisfactorily completed 
hazardous materials training for the specific function under the other 
certificate holder's approved training program under Appendix N of this 
part; and
    (2) The certificate holder who trained the person has the same 
operations specifications regarding the acceptance, handling, and 
carriage of hazardous materials as the certificate holder using this 
exception.
    (d) Recurrent hazardous materials training--Completion date. A 
person who satisfactorily completes recurrent hazardous materials 
training in the calendar month before, or the calendar month after, the 
month in which the recurrent training is due, is considered to have 
taken that training during the month in which it is due. If the person 
completes this training earlier than the month before it is due, the 
month of the completion date becomes his or her new anniversary month.
    (e) Repair stations. A certificate holder must ensure that each 
repair station performing work on the certificate holder's behalf is 
notified in writing, and is aware of, the certificate holder's policies 
and operations specifications regarding the acceptance, rejection, 
handling, storage incidental to transport, and carriage of hazardous 
materials, including company material. This notification requirement 
applies only to repair stations that handle, use, or replace material 
regulated by 49 CFR parts 171 through 180, including consumable 
hazardous materials and aircraft parts containing hazardous materials.
    (f) Certificate holders operating at foreign locations. This 
exception applies if a certificate holder operating at a foreign 
location where the country requires the certificate holder to use 
persons working in that country to load and unload aircraft. In such a 
case, the certificate holder may use those persons even if they have 
not been trained in accordance with the certificate holder's approved 
hazardous materials training program. Those persons, however, must be 
under the direct visual supervision of someone who has successfully 
completed the certificate holder's approved initial or recurrent 
hazardous materials training program in accordance with this part. This 
exception applies only to those persons who load or unload aircraft.


Sec.  121.804  Hazardous materials training records.

    (a) General requirement. Each certificate holder must maintain a 
record of all training required by this part received within the 
preceding three years for each person who performs or supervises a 
function specified in Sec.  121.801(a). The record must be maintained 
during the time that the person performs or supervises any of those 
functions, and for 90 days thereafter. These training records must be 
kept for direct employees of the certificate holder, as well as 
independent contractors, subcontractors, and any other person who 
performs or supervises these functions for the certificate holder.
    (b) Location of records. The certificate holder must retain the 
training records required by paragraph (a) of this section at the 
location where the trained person performs or supervises the function 
specified in Sec.  121.801(a). When the person ceases to perform the 
function, the certificate holder must retain these records at the last 
location where the person performed the function for an additional 90 
days.
    (c) Content of records. Each record must contain the following:
    (1) The person's name and function performed or supervised;
    (2) The dates of each training course successfully completed within 
the preceding three years;
    (3) A statement signed and dated by a person designated by the 
Director of Training certifying that the person has completed training 
in accordance with the certificate holder's approved hazardous 
materials training program; and
    (4) A description of each training course successfully completed by 
the person that includes for each course:
    (i) Date of the course;

[[Page 24824]]

    (ii) Subject matter of the course and training area covered;
    (iii) Number of hours of the course;
    (iv) Instructor's name and signature indicating the person's 
successful completion of the course, and person's name and signature 
indicating the person's attendance; and
    (v) Name and business address of the organization or professional 
instructor providing the training.
    (d) New person or new job function. Each certificate holder using a 
person under the exception in Sec.  121.803(b)(1) must maintain a 
record for that person at the location where the person performs the 
function. The record must include the following:
    (1) A signed statement from an authorized representative of the 
certificate holder authorizing the use of the person in accordance with 
the exception;
    (2) The date of hire or change in job function;
    (3) The person's name and assigned function;
    (4) The name of the supervisor of the function; and
    (5) The date the person is to complete hazardous materials training 
in accordance with Appendix N of this part.
    9. Add Appendix N to read as follows:

Appendix N--Hazardous Materials Training Curriculum for Certificate 
Holders

    This appendix prescribes the requirements for hazardous 
materials training under part 121, subpart Y, and part 135, subpart 
K of this chapter. The training requirements for various categories 
of persons are defined by function or responsibility. An ``X'' in a 
box under a category of persons indicates that the specified 
category must receive the noted training. All training requirements 
apply to supervisors as well as to persons actually performing the 
function. Training requirements for certificate holders authorized 
in their operations specifications to transport hazardous materials 
(will-carry) are prescribed in Table 1. Those certificate holders 
with a prohibition in their operations specifications against 
carrying or handling hazardous materials (will-not-carry) must 
follow the curriculum prescribed in Table 2. All persons must be 
tested through a written or performance-based test that verifies 
comprehension of each subject area required by this appendix.

  Table 1.--Hazardous Materials Training Curriculum for Certificate Holders That Transport Hazardous Materials
----------------------------------------------------------------------------------------------------------------
                                                          Category of personnel  (see key below)
       Module          Area of training  -----------------------------------------------------------------------
                                               1           2           3           4           5           6
----------------------------------------------------------------------------------------------------------------
1..................  General Overview...          X           X           X           X           X           X
2..................  Hidden Dangerous             X           X           X           X           X           X
                      Goods.
3..................  Company Materials            X           X           X           X           X   ..........
                      (COMAT).
4..................  Documentation......          X           X           X           X           X   ..........
5..................  Acceptance &                 X           X           X           X           X   ..........
                      Handling.
6..................  Marking & Labeling.          X           X           X           X           X           X
7..................  Classification.....          X           X           X   ..........          X   ..........
8..................  Identification.....          X           X           X   ..........          X   ..........
9..................  Packaging..........          X           X   ..........  ..........          X   ..........
10.................  Notice to Pilot-In-          X           X   ..........          X           X           X
                      Command.
11.................  Safety & Reporting.          X           X           X           X           X           X
12.................  Passenger/Air                X           X           X           X           X   ..........
                      Carrier Exceptions/
                      U.S. Mail.
13.................  Certificate holder           X           X           X           X           X          X
                      policies and
                      procedures.
----------------------------------------------------------------------------------------------------------------
KEY:
1--Persons who accept cargo, packages or passenger baggage.
2--Persons working in supply, storage, or warehouse facilities, or involved in shipping of aircraft parts,
  supplies or company material.
3--Persons who handle, store, and load or unload packages, passenger baggage or cargo.
4--Persons engaged in passenger and baggage check-in services (e.g., skycaps, ticket counter agents, flight
  attendants, etc.).
5--Persons responsible for cargo during flight (including pilots, flight engineer, flight attendants,
  dispatchers).
6--Flight crewmembers who do not perform any responsibility listed above.


    Table 2.--Hazardous Materials Training Curriculum for Certificate Holders That Do Not Transport Hazardous
                                                    Materials
----------------------------------------------------------------------------------------------------------------
                                                          Category of personnel  (see key below)
       Module          Area of training  -----------------------------------------------------------------------
                                               1           2           3           4           5           6
----------------------------------------------------------------------------------------------------------------
1..................  General Overview...          X           X           X           X           X           X
2..................  Hidden Dangerous             X           X           X           X           X           X
                      Goods.
3..................  Company Materials            X           X           X           X           X   ..........
                      (COMAT).
4..................  Documentation......          X           X           X           X           X   ..........
5..................  Acceptance &         ..........          X   ..........  ..........  ..........  ..........
                      Handling.
6..................  Marking & Labeling.          X           X           X           X   ..........          X
7..................  Classification.....  ..........          X   ..........  ..........  ..........  ..........
8..................  Identification.....          X           X           X   ..........  ..........
9..................  Packaging..........  ..........          X   ..........  ..........  ..........  ..........
10.................  Notice to Pilot-In-  ..........          X   ..........  ..........  ..........          X
                      Command.
11.................  Safety & Reporting.          X           X           X           X           X           X
12.................  Passenger/Air                X           X           X           X           X   ..........
                      Carrier Exceptions/
                      U.S. Mail.
13.................  Certificate holder           X           X           X           X           X          X
                      policies and
                      procedures.
----------------------------------------------------------------------------------------------------------------
Key:
1--Persons who accept cargo, packages or passenger baggage.
2--Persons working in supply, storage, or warehouse facilities, or involved in shipping of aircraft parts,
  supplies or company material.

[[Page 24825]]

 
3--Persons who handle, store, and load or unload packages, passenger baggage or cargo.
4--Persons engaged in passenger and baggage check-in services (e.g., skycaps, ticket counter agents, flight
  attendants, etc.).
5--Persons responsible for cargo during flight (including pilots, flight engineers, flight attendants,
  dispatchers).
6--Flight crewmembers who do not perform any responsibility listed above.

Module 1--General Overview

[sbull] Applicable regulatory materials
[sbull] Overview of 49 CFR parts 171 through 180
[sbull] Use of ICAO Technical Instructions
[sbull] Use of IATA Dangerous Goods Manual
[sbull] Definitions used in air transportation of hazardous 
materials
[sbull] General transportation requirements--49 CFR 171.2
[sbull] Carriage by aircraft--49 CFR part 175
[sbull] Training and recordkeeping requirements
[sbull] Use of and familiarity with a ``trigger list'' and a 
``passenger check-in list'' to assist authorized persons in the 
detection of undeclared hazardous materials carried in passenger 
baggage or other types of cargo

Module 2--Hidden Dangerous Goods

[sbull] Hidden shipment indicators (includes review and use of 
Hidden Shipment List and/or trigger lists)
[sbull] Suspicious cargo and baggage awareness (review and training 
in the use of a ``passenger check-in list'' to assist those 
authorized persons in detection of hazardous materials carried by 
passengers in baggage or cargo)

Module 3--Company Materials (COMAT)

[sbull] Identifying and recognizing hazardous company-materials 
(COMAT), including:
    --Hazardous materials on aircraft
    --Replacement components
    --Consumable materials
[sbull] Specific hazardous materials
[sbull] COMAT exceptions
[sbull] Facility storage and safe movement and handling requirements 
for hazardous materials COMAT--
    --Specific hazards of, and precautionary measures and proper 
disposal procedures, including:
     Environmental precautions
     Transportation precautions

Module 4--Documentation (49 CFR part 172, subpart C, and 49 CFR part 
175, subpart A)

[sbull] Shipper's certification requirements for hazardous materials
[sbull] Shipping paper requirements
[sbull] Description of hazardous materials required on shipping 
papers
[sbull] Shipping papers for hazardous materials aboard aircraft, 49 
CFR part 175, subpart A

Module 5--Acceptance, Handling, Loading

[sbull] Passenger and cargo information signage requirements
[sbull] Acceptance procedures and requirements for hazardous 
materials
[sbull] Inspection of packages and unit load devices
[sbull] Quantity limitations on aircraft
[sbull] Quantity limitations for inaccessible cargo
[sbull] Stowage compatibility
[sbull] Orientation of packages
[sbull] Securing packages
[sbull] Location of packages
[sbull] Damaged shipments of hazardous materials

Module 6--Marking and Labeling

[sbull] Markings required on packages containing hazardous materials
[sbull] Labels required on packages containing hazardous materials
[sbull] Keeping and replacing hazardous materials labels

Module 7--Classification

[sbull] Hazardous materials classification
[sbull] Unacceptable hazardous materials

Module 8--Identification

[sbull] Purpose and use of the hazardous materials tables
[sbull] Proper shipping names
[sbull] Hazard class (definitions)
[sbull] UN/ID numbers
[sbull] Packing group

Module 9--Packaging

[sbull] Shippers' responsibilities
[sbull] General packaging requirements
[sbull] Packing instructions and assignments
[sbull] Small quantity exceptions
[sbull] Limited quantity exceptions

Module 10--Notification to Pilot in Command

[sbull] Requirements for notification to pilot in command
[sbull] Emergency response information

Module 11--Safety and Reporting

[sbull] Emergency response information
[sbull] Hazardous materials discrepancy/incident reporting

Module 12--Dangerous Goods Exceptions

[sbull] Exceptions
[sbull] U.S. Mail and U.S. Postal Service standards

Module 13--Certificate Holder Policy and Procedures

[sbull] Policies and procedures regarding acceptance, rejection, 
handling, storage incidental to transport, packaging of company 
material, loading, unloading and carriage of items for transport on 
board aircraft
[sbull] Policies and procedures regarding handling, packaging, and 
transport of hazardous materials moving by means other than air

PART 135--OPERATING REQUIREMENTS: COMMUTER AND ON-DEMAND OPERATIONS

    10. The authority citation for part 135 continues to read as 
follows:

    Authority: 49 U.S.C. 106(g), 44113, 44701-44702, 44705, 44709, 
44711-44713, 44715-44717, 44722.
    11. Amend Sec.  135.23 by revising paragraph (p) to read as 
follows:


Sec.  135.23  Manual contents.

* * * * *
    (p)(1) Procedures and information, as described in paragraph (p)(2) 
of this section, for each person performing or supervising the 
following functions involving items for transport on board an aircraft:
    (i) Acceptance;
    (ii) Rejection;
    (iii) Handling;
    (iv) Storage incidental to transport;
    (v) Packaging of company material;
    (vi) Loading;
    (vii) Unloading; or
    (viii) Carriage.
    (2) Procedures and information, as described in this paragraph, 
sufficient to assist a person in identifying packages that are marked 
or labeled as containing hazardous materials or that exhibit 
indications of containing undeclared hazardous materials. The 
procedures and information must include:
    (i) Procedures for rejecting packages that do not conform to the 
Hazardous Materials Regulations in 49 CFR parts 171 through 180 or that 
appear to contain undeclared hazardous materials;
    (ii) Procedures for complying with the hazardous materials incident 
reporting requirements of 49 CFR 171.15 and 171.16;
    (iii) The certificate holder's hazmat policies and whether the 
certificate holder is authorized to carry, or is prohibited from 
carrying, hazardous materials; and
    (iv) If the certificate holder's operations specifications permit 
the carriage of hazardous materials, procedures and information to 
ensure the following:
    (A) That packages containing hazardous materials are properly 
offered and accepted in compliance with 49 CFR parts 171 through 180;
    (B) That packages containing hazardous materials are properly 
handled, stored, packaged, loaded, unloaded and carried on board an 
aircraft in compliance with 49 CFR parts 171 through 180;
    (C) That the requirements for discrepancy reporting (49 CFR 175.31) 
and Notice to the Pilot in Command (49 CFR 175.33) are complied with; 
and
    (D) That aircraft replacement parts, consumable materials or other 
items regulated by 49 CFR parts 171 through 180 are properly handled, 
packaged, and carried.
* * * * *
    12. Amend Sec.  135.323 by revising paragraph (a)(1) as follows:


Sec.  135.323  Training program: General.

    (a) * * *

[[Page 24826]]

    (1) Establish and implement a training program that satisfies the 
requirements of this subpart and that ensures that each crewmember, 
aircraft dispatcher, flight instructor and check airman is adequately 
trained to perform his or her assigned duties. Prior to implementation, 
the certificate holder must obtain initial and final FAA approval of 
the training program.
* * * * *


Sec.  135.333  [Removed]

    13. Remove Sec.  135.333.
    14. Add subpart K, consisting of Sec. Sec.  135.501 through 
135.504, to read as follows:

Subpart K--Hazardous Materials Training Program


Sec.  135.501  Applicability and definitions.

    (a) This subpart prescribes the requirements applicable to each 
certificate holder for training each person performing or supervising 
any of the following functions involving any item for transport on 
board an aircraft:
    (1) Acceptance;
    (2) Rejection;
    (3) Handling;
    (4) Storage incidental to transport;
    (5) Packaging of company material;
    (6) Loading;
    (7) Unloading; or
    (8) Carriage.
    (b) Definitions. For purposes of this subpart, the following 
definitions apply:
    (1) Company material (COMAT)--Material owned or used by a 
certificate holder.
    (2) Initial hazardous materials training--The basic training 
required for each newly hired person, or each person changing job 
functions, who performs or supervises any of the functions specified in 
paragraph (a) of this section.
    (3) Recurrent hazardous materials training--The yearly training 
required for each person who has satisfactorily completed the 
certificate holder's approved initial hazardous materials training 
program and performs or supervises any of the functions specified in 
paragraph (a) of this section.


Sec.  135.502  Hazardous materials training: General.

    (a) Each certificate holder must establish and implement a 
hazardous materials training program that:
    (1) Satisfies the requirements of Appendix N of part 121 of this 
chapter;
    (2) Ensures that each person performing supervising any of the 
functions specified in Sec.  135.501(a) is trained in accordance with 
49 CFR 172.700 and the requirements of this subpart; and
    (3) Enables the trained person to recognize items that contain, or 
may contain, hazardous materials regulated by 49 CFR parts 171 through 
180.
    (b) Each certificate holder must provide initial hazardous 
materials training and recurrent hazardous materials training to each 
person performing or supervising any of the functions specified in 
Sec.  135.501(a).
    (c) Each certificate holder's hazardous materials training program 
must be approved by the FAA prior to implementation.


Sec.  135.503  Hazardous materials training required.

    (a) Training requirement. Except as provided in paragraphs (b), (c) 
and (f) of this section, no certificate holder may use any person to 
perform any of the functions or supervisory responsibilities, and no 
person may perform any of the functions or supervisory 
responsibilities, specified in Sec.  135.501(a) unless that person has 
satisfactorily completed the certificate holder's FAA-approved initial 
or recurrent hazardous materials training program within the past year.
    (b) New hire or new job function. A person who is a new hire and 
has not yet satisfactorily completed the required initial hazardous 
materials training, or a person who is changing job functions and has 
not received initial or recurrent training for a function involving 
storage incidental to transport, loading, or unloading of items for 
transport on an aircraft, may perform those functions for not more than 
30 days from the date of hire or a change in job function, if:
    (1) The person is under the direct visual supervision of a person 
who is authorized by the certificate holder and who has successfully 
completed the certificate holder's FAA-approved initial or recurrent 
training program within the past year;
    (2) The supervisor-to-worker ratio is approved by the principal 
security inspector or the principal operations inspector.
    (c) Persons who work for more than one certificate holder. A 
certificate holder that uses or assigns a person to perform or 
supervise a function specified in Sec.  135.501(a), when that person 
also performs or supervises the same function for another certificate 
holder, need only train that person in its own policies and procedures 
regarding those functions, if all of the following are met:
    (1) The certificate holder using this exception receives written 
verification from an authorized, knowledgeable person representing the 
other certificate holder that the person has satisfactorily completed 
hazardous materials training for the specific function under the other 
certificate holder's approved training program under Appendix N of part 
121 of this chapter; and
    (2) The certificate holder who trained the person has the same 
operations specifications regarding the acceptance, handling, and 
carriage of hazardous materials as the certificate holder using this 
exception.
    (d) Recurrent hazardous materials training--Completion date. A 
person who satisfactorily completes recurrent hazardous materials 
training in the calendar month before, or the calendar month after, the 
month in which the recurrent training is due, is considered to have 
taken that training during the month in which it is due. If the person 
completes this training earlier than the month before it is due, the 
month of the completion date becomes his or her new anniversary month.
    (e) Repair stations. A certificate holder must ensure that each 
repair station performing work on the certificate holder's behalf is 
notified in writing, and is aware of, the certificate holder's policies 
and operations specifications regarding the acceptance, rejection, 
handling, storage incidental to transport, and carriage of hazardous 
materials, including company material. This notification requirement 
applies only to repair stations that handle, use, or replace material 
regulated by 49 CFR parts 171 through 180, including consumable 
hazardous materials and aircraft parts containing hazardous materials.
    (f) Certificate holders operating at foreign locations. This 
exception applies if a certificate holder operating at a foreign 
location where the country requires the certificate holder to use 
persons working in that country to load and unload aircraft. In such a 
case, the certificate holder may use those persons even if they have 
not been trained in accordance with the certificate holder's approved 
hazardous materials training program. Those persons, however, must be 
under the direct visual supervision of someone who has successfully 
completed the certificate holder's approved initial or recurrent 
hazardous materials training program in accordance with this part. This 
exception applies only to those persons who load or unload aircraft.


Sec.  135.504  Hazardous materials training records.

    (a) General requirement. Each certificate holder must maintain a 
record of all training required by this

[[Page 24827]]

part received within the preceding three years for each person who 
performs or supervises a function specified in Sec.  135.501(a). The 
record must be maintained during the time that the person performs or 
supervises any of those functions, and for 90 days thereafter. These 
training records must be kept for direct employees of the certificate 
holder, as well as independent contractors, subcontractors, and any 
other person who performs or supervises these functions for the 
certificate holder.
    (b) Location of records. The certificate holder must retain the 
training records required by paragraph (a) of this section at the 
location where the trained person performs or supervises the function 
specified in Sec.  135.501(a). When the person ceases to perform the 
function, the certificate holder must retain these records at the last 
location where the person performed the function for an additional 90 
days.
    (c) Content of records. Each record must contain the following:
    (1) The person's name and function performed or supervised;
    (2) The dates of each training course successfully completed within 
the preceding three years;
    (3) A statement signed and dated by a person designated by the 
Director of Training certifying that the person has completed training 
in accordance with the certificate holder's approved hazardous 
materials training program; and
    (4) A description of each training course successfully completed by 
the person that includes for each course:
    (i) Date of the course;
    (ii) Subject matter of the course and training area covered;
    (iii) Number of hours of the course;
    (iv) Instructor's name and signature indicating the person's 
successful completion of the course, and the person's name and 
signature indicating the person's attendance; and
    (v) Name and business address of the organization or professional 
instructor providing the training.
    (d) New person or new job function. Each certificate holder using a 
person under the exception provided in Sec.  135.503(b)(1) must 
maintain a record for that person at the location where the person 
performs the function. The record must include the following:
    (1) A signed statement from an authorized representative of the 
certificate holder authorizing the use of the person in accordance with 
the exception;
    (2) The date of hire or change in job function;
    (3) The person's name and assigned function;
    (4) The name of the supervisor of the function; and
    (5) The date the person is to complete hazardous materials training 
in accordance with Appendix N of part 121 of this chapter.

PART 145--REPAIR STATIONS

    15. The authority citation for part 145 continues to read as 
follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701-44702, 44707, 44717.

    16. Add Sec.  145.5 to read as follows:


Sec.  145.5  Hazardous materials training.

    (a) Except for repair stations that are already subject to the 
training requirements of part 121 or part 135 of this chapter, each 
repair station that uses or replaces aircraft components, uses or 
handles consumable hazardous materials or other items regulated by 49 
CFR parts 171 through 180 and that meets the definition of a hazmat 
employer under 49 CFR 171.8 must have a hazardous materials training 
program that meets the training requirements of 49 CFR 172.700 through 
172.704.
    (b) A person may not perform or supervise a function for a repair 
station or a certificate holder involving acceptance, rejection, 
handling, storage incidental to transport, packaging of material owned 
or used by a part 119 certificate holder (commonly referred to as 
company material or COMAT) for transport on the certificate holder's 
aircraft, loading, unloading or carriage of items for transport on an 
aircraft operated by a part 121 or part 135 certificate holder unless 
that person has received training in accordance with the part 121 or 
part 135 certificate holder's approved hazardous materials training 
program.
    17. Amend Sec.  145.11 by adding paragraph (a)(5) to read as 
follows:


Sec.  145.11  Application and issue.

    (a) * * *
    (5) A certification that, at the time of application, all hazmat 
employees are trained as required by 49 CFR 172.704 for the repair 
station, its contractors, or subcontractors, that handles or replaces 
aircraft components, or handles or uses consumable hazardous materials 
or other items that are regulated by 49 CFR parts 171 through 180.
* * * * *
    18. Add Sec.  145.27 to subpart A to read as follows:


Sec.  145.27  Notification of hazardous materials authorizations.

    Each repair station must notify all workers of each certificate 
holder's operations specifications authorization permitting, or 
prohibition against, carrying hazardous materials, upon notification by 
the certificate holder of such operations specifications authorization/
designation.

    Issued in Washington, DC on May 1, 2003.
Ross Hamory,
Director, Security and Investigations.
[FR Doc. 03-11244 Filed 5-7-03; 8:45 am]
BILLING CODE 4910-13-P