Legal Interpretations
Reeves-ExpressJet 2009
Summary
The Question
Does 14 CFR 121.1007 require certificate holders to keep hazardous materials training records for crewmembers?
Background
ExpressJet Airlines argued that 14 CFR 121.1007(a) does not cover crewmembers because, unlike 14 CFR 121.1003(b), it does not mention them and refers only to persons who perform or directly supervise job functions listed in 14 CFR 121.1001(a).
The FAA’s Interpretation
Yes, to the extent a crewmember performs or directly supervises a job function specified in 14 CFR 121.1001(a). The FAA disagreed with ExpressJet: a crewmember may be a direct employee, independent contractor, or subcontractor, and otherwise falls within the rule's "any other person" catch-all, so the crewmember must be trained and the certificate holder must keep the training records.
- Requester
- Reeves
- Organization
- ExpressJet
- Issued
- November 12, 2009
- Subjects
- Air Carrier & Commercial Operations · Definitions
Regulations Cited
Page 1
U.S. Department
of Transportation
Federal Aviation
Administration
NOV l 2 2009
Scott Reeves
Office of the Chief Counsel
Sr. Mgr. Safety and Regulatory Compliance
ExpressJet Airlines
14775 JFK Boulevard
Houston, TX 77032
Dear Mr. Reeves:
800 Independence Ave., S.W.
Washington, D.C. 20591
This letter is in response to your request for interpretation of 14 C.F.R. § 121.1007, pertaining to hazardous materials training records, that we received on July 14, 2009. You asked whether § 121.1007 requires certificate holders to keep records of hazardous materials training provided to crewmembers.
You contend that § 121.1007 (a) does not require hazardous materials training records be kept for crewmembers because the text of the regulation requires that records of training be kept for "each person who performs or directly supervises a job function specified in§ 121.1 OOl(a)," and does not specifically mention crewmembers. You contrast this with § 121.1003(b) which states that certificate holders must provide hazardous materials training to each "crewmember and person performing or directly supervising" certain job functions involving transportation of hazardous materials.
We do not agree with your interpretation of the regulation. Section 121.1007(a) requires that "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 directly supervises [certain job functions involving transportation of hazardous materials] for or on behalf of the certificate holder." Although§ 121.1007(a)'s text does not specifically state "crewmember," it follows that a- crewmember may be the certificate holder's direct employee, independent contractor, or subcontractor. If none of those, then that crewmember performing the duties for the certificate holder would certainly fall into the regulation's "any other person" catch-all provision. See 14 C.F.R. § 1.1 (establishing that "person" may be defined as "an individual" for purposes of FAA regulations). Accordingly, to the extent that a crewmember performs any of the job functions or direct supervisory responsibilities specified in§ 121.lOOl(a), the crewmember must be trained to perform those functions, and the certificate holder must keep records of that training pursuant to§ 121.1007.
Page 2
This response was prepared by Dean Griffith, Attorney in the Regulations Division of the Office of the Chief Counsel, and was coordinated with the Office of Security and Hazardous Mater:ials, and the Air Transportation Division of Flight Standards Service. Please contact us at (202) 267-3073 if we can be of further assistance.
Sincerely,
Rf::l::.>:!~Assistant Chief Counsel for Regulations, AGC-200
Regulations Referenced
Snapshot retrieved August 6, 2026.