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Old 01-09-2019, 04:51 PM   #5  
JamesNoBrakes
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49 CFR 175.310 Transportation of flammable liquid fuel; aircraft only means of transportation.

(a) When other means of transportation are impracticable, flammable liquid fuels may be carried on certain passenger and cargo aircraft as provided in this section, without regard to the packaging references and quantity limits listed in Columns 7, 8 and 9 of the 172.101 Hazardous Materials Table. All requirements of this subchapter that are not specifically covered in this section continue to apply to shipments made under the provisions of this section. For purposes of this section “impracticable” means transportation is not physically possible or cannot be performed by routine and frequent means of other transportation, due to extenuating circumstances. Extenuating circumstances include: conditions precluding highway or water transportation, such as a frozen vessel route; road closures due to catastrophic weather or volcanic activity; or a declared state of emergency. The desire for expedience of a shipper, carrier, or consignor, is not relevant in determining whether other means of transportation are impracticable. The stowage requirements of 175.75(a) do not apply to a person operating an aircraft under the provisions of this section which, because of its size and configuration, makes it impossible to comply.

(b) A small passenger-carrying aircraft operated entirely within the State of Alaska or into a remote area, in other than scheduled passenger operations, may carry up to 76 L (20 gallons) of flammable liquid fuel (in Packing Group II or Packing Group III), when:

(1) The flight is necessary to meet the needs of a passenger; and

(2) The fuel is carried in one of the following types of containers:

(i) Strong tight metal containers of not more than 20 L (5.3 gallons) capacity, each packed inside a UN 4G fiberboard box, at the Packing Group II performance level, or each packed inside a UN 4C1 wooden box, at the Packing Group II performance level;

(ii) Airtight, leakproof, inside containers of not more than 40 L (11 gallons) capacity and of at least 28-gauge metal, each packed inside a UN 4C1 wooden box, at the Packing Group II performance level;

(iii) UN 1A1 steel drums, at the Packing Group I or II performance level, of not more than 20 L (5.3 gallons) capacity; or

(iv) In fuel tanks attached to flammable liquid fuel powered equipment under the following conditions:

(A) Each piece of equipment is secured in an upright position;

(B) Each fuel tank is filled in a manner that will preclude spillage of fuel during loading, unloading, and transportation; and

(C) Fueling and refueling of the equipment is prohibited in or on the aircraft.

(3) In the case of a passenger-carrying helicopter, the fuel or fueled equipment must be carried on external cargo racks or slings.
(c) Flammable liquid fuels may be carried on a cargo aircraft, subject to the following conditions:

(1)(i) The flammable liquid fuel is in Packing Group II or Packing Group III except as indicated in paragraph (c)(1)(iv) of this section;

(ii) The fuel is carried in packagings authorized in paragraph (b) of this section;

(iii) The fuel is carried in metal drums (UN 1A1, 1B1, 1N1) authorized for Packing Group I or Packing Group II liquid hazardous materials and having rated capacities of 220 L (58 gallons) or less. These single packagings may not be transported in the same aircraft with Class 1, Class 5, or Class 8 materials.

(iv) Combustible and flammable liquid fuels (including those in Packing Group I) may be carried in installed aircraft tanks each having a capacity of more than 450 L (118.9 gallons), subject to the following additional conditions:

(A) The tanks and their associated piping and equipment and the installation thereof must have been approved for the material to be transported by the appropriate FAA Flight Standards District Office.

(B) In the case of an aircraft being operated by a certificate holder, the operator shall list the aircraft and the approval information in its operating specifications. If the aircraft is being operated by other than a certificate holder, a copy of the FAA Flight Standards District Office approval required by this section must be carried on the aircraft.

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

(D) During loading and unloading and thereafter until any remaining fumes within the aircraft are dissipated:

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

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

(3) Static ground wires must be connected between the storage tank or fueler and the aircraft, and between the aircraft and a positive ground device.

(2) [Reserved]
(d) The following restrictions apply to loading, handling, or carrying fuel under the provisions of this section:

(1) During loading and unloading, no person may smoke, carry a lighted cigarette, cigar, or pipe, or operate any device capable of causing an open flame or spark within 15 m (50 feet) of the aircraft.

(2) No person may fill a container, other than an approved bulk tank, with a Class 3 material or combustible liquid or discharge a Class 3 material or combustible liquid from a container, other than an approved bulk tank, while that container is inside or within 15 m (50 feet) of the aircraft.

(3) When filling an approved bulk tank by hose from inside the aircraft, the doors and hatches of the aircraft must be fully open to insure proper ventilation.

(4) Each area or compartment in which the fuel is loaded is suitably ventilated to prevent the accumulation of fuel vapors.

(5) Fuel is transferred to the aircraft fuel tanks only while the aircraft is on the ground.

(6) Before each flight, the pilot-in-command:

(i) Prohibits smoking, lighting matches, the carrying of any lighted cigar, pipe, cigarette or flame, and the use of anything that might cause an open flame or spark, while in flight; and

(ii) For passenger aircraft, informs each passenger of the location of the fuel and the hazards involved.
(e) Operators must comply with the following:

(1) If the aircraft is being operated by a holder of a certificate issued under 14 CFR part 121 or part 135, operations must be conducted in accordance with conditions and limitations specified in the certificate holder's operations specifications or operations manual accepted by the FAA. If the aircraft is being operated under 14 CFR part 91, operations must be conducted in accordance with an operations plan accepted and acknowledged in writing by the FAA Principal Operations Inspector assigned to the operator.

(2) The aircraft and the loading arrangement to be used must be approved for the safe carriage of the particular materials concerned by the FAA Principal Operations Inspector assigned to the operator.
This regulation is for transportation of fuel under Part 91. This is the only regulation that I'm aware of that allows you to transport hazmat like this under 91. If you can't do it here, it would have to be done under 135, 121, 125, etc.

It doesn't appear that this would be legal based on the regulations I'm seeing.

In general, if you want to transport fuel in the associated packing groups under part 91, there are a few ways.

The (b) cut-out is for Alaska and for something like taking fuel out to a cabin...not your cabin according to the reg, unless you have a passenger, only packing groups II and III.

The (c) cut-out requires you to have packaging approved for the material (hazmat) is is going to carry. It gives you some options, but the bottom line is the packaging must meet those definitions, or you must get the Pipeline and Hazardous Materials Safety Administration to approve it. This usually means submitting your tank-plans to PHMSA, who will then issue you a permit for the tank saying it is safe for the material you intend to carry. Some tanks that are bought commercially are already PHMSA-approved. If you want to carry more than 118.9 gallons, it requires FSDO approval, which means the FSDO is going to require the PHMSA permit and if your fuel tanks require "installation", as in they are not cargo, it will require farming out to the Aircraft Certification Office (ACO) to get concurrence for the installation. This section can generally be used by people that want to take their fuel out somewhere and sell it under part 91, which is possible, but also has a bunch of legal pitfalls to ensure it's really and truly a "private" operation.

The only relief I see is the (c)(1)(iv) section:

Quote:
(iv) Combustible and flammable liquid fuels (including those in Packing Group I) may be carried in installed aircraft tanks each having a capacity of more than 450 L (118.9 gallons), subject to the following additional conditions:
But liquefied natural gas was not in Packing Group 1, it has no packing group assigned. That part is at least a maybe. This would be a question for FAA Hazmat/Security (ASH) or PHMSA. In any case though, propane tanks you can just strap down are not "installed aircraft tanks". The regulation specifically says installed aircraft tanks. if it was possible, it would require getting the permit with PHMSA to approve the packaging (installed tanks).

Packing group is based on the degree of hazard associated with the material. Materials and their associated packing groups are listed in 49 CFR 172.101.

Packaging is the tank or bladder you use to transport the material. In general, it must be approved within these regulations or by PHMSA for the material it is intended to carry. As an example, there are some STCs out there for fuel tanks that are bladders, pods that attach to the external portion of the aircraft, and so on. These have to state within the STC that they are approved for the material they intend to carry.

Cargo is something you lash down to transport.

Tanks can be cargo, but if they require installation into the aircraft, they are no longer cargo, but an installation. An aircraft installation usually requires approval from the Aircraft Certification Office (ACO).

As stated above, this is often the mission of Everts Air Fuels and similar commercial operators, who deliver fuel and other hazmat to remote communities in Alaska. Again, on the surface, what was stated so far doesn't appear to be legal, but I welcome conversation on this. These regulations are very "tight" for reasons. An aircraft falling out of the sky isn't supposed to present an undue hazard to those on the ground.

Last edited by JamesNoBrakes; 01-09-2019 at 05:28 PM.
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