Duncan-AFS-1 2016

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Federal Aviation Administration Memorandum

Date: AUG f 0 2016

To:

From: relei Peter, Assistant Chief Counsel for Regulations, AGC-200

Prepared by: Comtney Freeman, Attorney, AGC-220

Subject: Legal Interpretation Regarding 14 CFR § 121 .1005(c)

This is in response to your memorandum dated May 17, 2016, transmitting a request for a legal interpretation from Lawrence Fields, Manage1\ Flight Standards Division, AEA-200, regarding the validity of hazardous materials training provided by Airborne Express to employees of their contractor DHL to load/off-load Atlas Air aircraft. In the letter, we are asked if DHL (a non-Part 121 operator) can load hazmat on Atlas Air aircraft when they have not been trained by Atlas Air, but have received training from Airborne Express with Atlas differences. The answer to your question is yes.

14 CFR § 121 .1005(c) describes a situation where a person who perfonns the same job function for more than one ce1tificate holder may be trained only in those policies and procedures specific to the second certificate holder, as long as that person has satisfactorily completed job training for another ce1tificate holder's program for that specific job function, and that the operations specifications for both certificate holders are the same regarding the acceptance, handling, and transport of hazardous materials. 1 Although DHL is not a certificate holder itself: the regulation specifically refers to "a certificate holder that uses or assigns a person to perform or directly supervise a job function specified in 1 (c) Persons who work for more than one certificate holder. A certificate holder that uses or assigns a person to perfonn or directly supervise a job function specified in § 121.100 l(a), when that person also performs or directly supervises the same job function for another ce1tificate holder, need only train that person in its own policies and procedures regarding those job functions, if all of the following are met: (1) The certificate holder using this exception receives written verification from the person designated to hold the training records representing the other certificate holder that the person has satisfactorily completed hazardous materials training for the specific job function under the other certificate holder's FAA approved hazardous material h·aining program under Appendix 0 of this part; and (2) The certificate holder who trained the person has the same operations specifications regarding the acceptance, handling, and transport of hazardous materials as the certificate holder using this exception.

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§ 121.1001 (a)/' and does not say that person must be employed directly by the certificate holder. Therefore, DHL employees are allowed to receive only Atlas-specific training in this situation. In a 2014 legal interpretation, the FAA stated that the term "certificate holder" in § 121.1005(c) refers to another part 121 or 135 certificate holder, which Airborne Express is.2 Accordingly, as long as Airborne Express holds a patt 121or135 certificate, has the same operations specifications (i.e. an authorization permitting the acceptance, handling, and transport of hazardous materials) to those held by Atlas Air, and has trained the DI-IL employees for that specific job function with respect to their own operations, they (Airborne Express) may also train DHL employees to perform§ 121.1 OOl(a) functions on behalf of the Atlas Air certificate with only Atlas differences.

We appreciate your patience and trust that the above responds to your inquiry. If you need further assistance, please contact my staff at (202) 267-3073. This response was prepared by Courtney Freeman, an attorney in the Regulations Division of the Office of the Chief Counsel, and coordinated with the Flight Standards Service and the Office of Security and Hazardous Materials Safety.

2Legal Interpretation from Mark Bury to Robert Cohn, February 24, 2014.

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Federal Aviation Administration Memorandum I

Date: OEC ·~:3 10t ;!::. ,,£ . /} '...v~ .t:?--- c,,.:._.,

From: Brendan A. Kelly, Munager, ~east Team, AGC-300

To: Lawrence M. Fields, Manager, Flight Standards Division, AEA-200

cc: Manager, Operations Law Branch, AGC~220

Prepared by: Jeanine Gotimer; Senior Attorney

Subject: lnformation: Request tor Interpretation: Hazmat Training by Airborne Express for OHL Contract Ernployees to Load/Offload Atlas Aircraft This is in re-sponse to your memo dated September 22, 2015 requesting an inteipretation of whether an air carrier (Atlas Air, Inc.) can use the contract employees (DHL employees) of another air carrier (Airbome Express (ABX)) to perform hazmat functions pursuant to 14 CFR 121.1005, when those contract employees me trained on the second air carrier's (AB.X's) approved hazmat program with "differences" training where the approved hazmat tt'aining programs of the two air carriers differ.

This office has been advised by our Operations Law Branch, AGC-220, that internal requests for interpretation, such as this, must be routed through AFS-1 to the Manager, Operations Branch, AGC-220.

Therefore, we are referring this matter to you for coordination and routing through AFS-1 to the M~nagcr, Operations Branch, AGC-2.20 for an interpretation of 14 CFR l21 . 1005. Please contact Jeanine Goiimer at (718) 553-3272 if you Wt1tild like to discuss or have any questions.

Attachments:

Memorandum DHL HAZMAT Training International Determination Atlas Air Letter of Investigation

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Federal Aviation Administration Memorandum

Date: SEP 2 2. 2015

To: Brendan A. Kelly, Managing Attorney, Northeast Temn, AGC-300

From:

S~I·~ ~q$e~, 9ffi.1ce o~Se<Jirity and Hazardous Materials Safety, AHE-500 r' t:J.e Jc-1~-/-Jce...,Lu;r ·rOf1.:av1rence F1ek~mager, !•'light Standards Division, AEA-200

Prepared by: Stephen Carbone: 703-230-7664 X269

Su~ject: Interpretation of Atlas Air Training with Regards to Contractor OHL The New York Flight Standards District Office (FSDO) Certificate Management Team (CMT) for Atlas Air .lnc. (UIEA) has requested interpretation and determination of the validity of hazardous materials training provided by Airborne Express to employees of their contractor DHL to load/off-load Atlas Air aircraft The question relates back to Title 14 Code of Fec}ernl Regulations 121.1005, DHL is not an Hctive Pa~t 121 operator. It does not have its own program, nor does it have its own fleet of aircraft that it applies the acqi1ired training to, and thus sh<mld be required to receive full training .thm1 Atlas Air Inc.

Please note that the New York FSDO has a c0'!1ccru: Can DHL (a non-Part 121 operator) load hazmat on Atlas Air ai rcraft when in fact they have not been trained by Atlas Air, but have received training from Airborne Express with Alias difterences?

If more information is required, please contact Robert Jaffe, Manager, Air Carrier Technical Branch, AEA-240 at 718-995-5436 or the New YorkFSDO, lf advice is made directly to the FSDO, kindly copy this office.

Attachments Memorandum DHL HAZMAT Training Intemational Determination Atlas Air Letter of Investigation