Narrative:

I was dispatched by my company on a 135 charter flight to carry freight from columbia, sc, to new orleans. 4 passenger seats were removed to accommodate the cargo. The cargo was secured, with cargo netting, to the floor seat rails, with cargo also in the aft baggage area. Upon return to columbia, I was informed by the dispatcher that this may have been in violation of FARS because it is an unauthorized modification of a transport category aircraft (part 25). I did not know that removing seats modified the aircraft in such a way that it violates the FARS concerning certification of the aircraft. If it does, the company should be aware of it and training should include this in its initial training program. Callback conversation with reporter revealed the following information: reporter stated that he had received a warning letter for violation of operating the aircraft in an unairworthy manner by carrying cargo in an unapproved cargo bin. Since the lear jet 25 which he was operating is certificated under the transport category aircraft, part 25, the aircraft cabin cannot be used for a cargo bin under the provisions of part 25, fire protection. He further stated that his company was under investigation for operating the aircraft without approved cargo bins. He said that this interpretation was different between regions and the local FAA is referring the matter to FAA headquarters for a national disposition. However, it is the responsibility of the FAA to specify any limitations imposed on an operator when accepting/approving an aircraft type of operation on the certificate holder's operation specifications.

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Original NASA ASRS Text

Title: CARGO CARRIED IN THE CABIN OF A PART 25 LR-25 JET WITH THE SEATS REMOVED. CABIN DOES NOT MEET THE CARGO BIN REQUIREMENTS FOR PART 25 CERTIFICATED ACFT.

Narrative: I WAS DISPATCHED BY MY COMPANY ON A 135 CHARTER FLT TO CARRY FREIGHT FROM COLUMBIA, SC, TO NEW ORLEANS. 4 PAX SEATS WERE REMOVED TO ACCOMMODATE THE CARGO. THE CARGO WAS SECURED, WITH CARGO NETTING, TO THE FLOOR SEAT RAILS, WITH CARGO ALSO IN THE AFT BAGGAGE AREA. UPON RETURN TO COLUMBIA, I WAS INFORMED BY THE DISPATCHER THAT THIS MAY HAVE BEEN IN VIOLATION OF FARS BECAUSE IT IS AN UNAUTH MODIFICATION OF A TRANSPORT CATEGORY ACFT (PART 25). I DID NOT KNOW THAT REMOVING SEATS MODIFIED THE ACFT IN SUCH A WAY THAT IT VIOLATES THE FARS CONCERNING CERTIFICATION OF THE ACFT. IF IT DOES, THE COMPANY SHOULD BE AWARE OF IT AND TRAINING SHOULD INCLUDE THIS IN ITS INITIAL TRAINING PROGRAM. CALLBACK CONVERSATION WITH RPTR REVEALED THE FOLLOWING INFO: RPTR STATED THAT HE HAD RECEIVED A WARNING LETTER FOR VIOLATION OF OPERATING THE ACFT IN AN UNAIRWORTHY MANNER BY CARRYING CARGO IN AN UNAPPROVED CARGO BIN. SINCE THE LEAR JET 25 WHICH HE WAS OPERATING IS CERTIFICATED UNDER THE TRANSPORT CATEGORY ACFT, PART 25, THE ACFT CABIN CANNOT BE USED FOR A CARGO BIN UNDER THE PROVISIONS OF PART 25, FIRE PROTECTION. HE FURTHER STATED THAT HIS COMPANY WAS UNDER INVESTIGATION FOR OPERATING THE ACFT WITHOUT APPROVED CARGO BINS. HE SAID THAT THIS INTERPRETATION WAS DIFFERENT BTWN REGIONS AND THE LCL FAA IS REFERRING THE MATTER TO FAA HEADQUARTERS FOR A NATIONAL DISPOSITION. HOWEVER, IT IS THE RESPONSIBILITY OF THE FAA TO SPECIFY ANY LIMITATIONS IMPOSED ON AN OPERATOR WHEN ACCEPTING/APPROVING AN ACFT TYPE OF OP ON THE CERTIFICATE HOLDER'S OP SPECS.

Data retrieved from NASA's ASRS site as of July 2007 and automatically converted to unabbreviated mixed upper/lowercase text. This report is for informational purposes with no guarantee of accuracy. See NASA's ASRS site for official report.