Title 49: Transportation
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PART 175—CARRIAGE BY AIRCRAFT
Section Contents
Subpart A—General Information and Regulations
§ 175.1 Purpose and scope.
§ 175.3 Unacceptable hazardous materials shipments.
§ 175.5 Applicability.
§ 175.10 Exceptions.
§ 175.20 Compliance and training.
§ 175.25 Notification at air passenger facilities of hazardous materials restrictions.
§ 175.26 Notification at cargo facilities of hazardous materials requirements.
§ 175.30 Accepting and inspecting shipments.
§ 175.31 Reports of discrepancies.
§ 175.33 Notification of pilot-in-command.
§ 175.35 Shipping papers aboard aircraft.
§ 175.40 Keeping and replacement of labels.
Subpart B—Loading, Unloading and Handling
§ 175.75 Quantity limitations aboard aircraft.
§ 175.78 Stowage compatibility of cargo.
§ 175.79 Orientation of cargo.
§ 175.81 Securing of packages containing hazardous materials.
§ 175.85 Cargo location.
§ 175.88 Inspection of unit load devices.
§ 175.90 Damaged shipments.
Subpart C—Specific Regulations Applicable According to Classification of Material
§ 175.305 Self-propelled vehicles.
§ 175.310 Transportation of flammable liquid fuel in small, passenger-carrying aircraft.
§ 175.320 Cargo aircraft only; only means of transportation.
§ 175.630 Special requirements for Division 6.1 (poisonous) material and Division 6.2 (infectious substance) material.
§ 175.700 Special limitations and requirements for Class 7 (radioactive) materials.
§ 175.701 Separation distance requirements for packages containing Class 7 (radioactive) materials in passenger-carrying aircraft.
§ 175.702 Requirements for carriage of packages containing Class 7 (radioactive) materials in a cargo aircraft only.
§ 175.703 Other special requirements for the acceptance and carriage of packages containing Class 7 (radioactive) materials.
§ 175.704 Plutonium shipments.
§ 175.705 Inspection of aircraft for contamination by Class 7 (radioactive) materials.
Authority: 49 U.S.C. 5101–5127, 44701; 49 CFR 1.53.
Source: Amdt. 175–1, 41 FR 16106, Apr. 15, 1976, unless otherwise noted.
Link to an amendment published at 71 FR 14604, Mar. 22, 2006.
Subpart A—General Information and Regulations
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§ 175.1 Purpose and scope.
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This part prescribes requirements, in addition to those contained in parts 171, 172 and 173 of this subchapter, applicable to aircraft operators transporting hazardous materials aboard (including attached to or suspended from) aircraft.
[Amdt. 175–15, 45 FR 35332, May 27, 1980]
§ 175.3 Unacceptable hazardous materials shipments.
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Hazardous materials that are not prepared for shipment in accordance with this subchapter may not be accepted for transportation or transported aboard an aircraft.
[Amdt. 175–25, 47 FR 54822, Dec. 6, 1982]
§ 175.5 Applicability.
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(a) This part applies to the acceptance for transportation, loading and transportation of hazardous materials in any aircraft in the United States and in aircraft of United States registry anywhere in air commerce. This part does not apply to:
(1) Aircraft owned and operated by a government when not engaged in carrying persons or property for commercial purposes;
(2) Aircraft which are not owned by a government nor engaged in carrying persons or property for commercial purposes but which are under the exclusive direction and control of a government for a period of not less than 90 days as specified in a written contract or lease. An aircraft is under the exclusive direction and control of a government when the government exercises responsibility for:
(i) Approving crew members and determining that they are qualified to operate the aircraft;
(ii) Determining the airworthiness and directing maintenance of the aircraft; and
(iii) Dispatching the aircraft, including the times of departure, airports to be used, and type and amount of cargo to be carried;
(3) Aircraft of United States registry under lease to and operated by foreign nationals outside the United States if:
(i) Hazardous materials forbidden aboard aircraft by §172.101 of this subchapter are not carried on the aircraft; and
(ii) Other hazardous materials are carried in accordance with the regulations of the State (nation) of the aircraft operator.
[Amdt. 175–15, 45 FR 35332, May 27, 1980]
§ 175.10 Exceptions.
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(a) This subchapter does not apply to:
(1) Aviation fuel and oil in tanks that are in compliance with the installation provisions of 14 CFR, chapter 1.
(2) Hazardous materials required aboard an aircraft in accordance with the applicable airworthiness requirements and operating regulations. Unless otherwise approved by the Associate Administrator, items of replacement for such hazardous materials must be transported in accordance with this subchapter except that—
(i) In place of the required packagings, packagings specially designed for the transport of aircraft spares and supplies may be used, provided such packagings provide at least an equivalent level of protection to those that would be required by this subchapter;
(ii) Aircraft batteries are not subject to quantity limitations such as those provided in §172.101 or §175.75(a) of this subchapter; and,
(iii) A tire assembly with a serviceable tire is not subject to the provisions of this subchapter provided the tire is not inflated to a gauge pressure exceeding the maximum rated pressure for that tire.
(3) Hazardous materials loaded and carried in hoppers or tanks of aircraft certificated for use in aerial seeding, dusting, spraying, fertilizing, crop improvement, or pest control, to be dispensed during such an operation.
(4) The following hazardous materials when carried by a passenger or crew member for personal use in conformance with the following conditions:
(i) Non-radioactive medicinal and toilet articles (including aerosols) may be carried in checked or carry-on baggage. Release devices on aerosols must be protected by a cap or other suitable means to prevent inadvertent release;
(ii) One self-defense spray (see §171.8 of this subchapter), not exceeding 118 mL(4 fluid ounces) by volume, that incorporates a positive means to prevent accidental discharge may be carried in checked baggage only;
(iii) Other aerosols in Division 2.2 with no subsidiary risk may be carried in checked baggage only. Release devices on aerosols must be protected by a cap or other suitable means to prevent inadvertent release;
(iv) The aggregate quantity of hazardous materials carried by the person may not exceed 2 kg (70 ounces) by mass or 2 L (68 fluid ounces) by volume and the capacity of each container may not exceed 0.5 kg (18 ounces) by mass or 470 mL (16 fluid ounces) by volume.
(v) The provisions of this paragraph (a)(4) also apply to an aircraft operator when transporting passenger or crew member baggage to its intended destination, if the baggage has been separated from the passenger or crew member, including transfer to another carrier for transport to its intended destination.
(5) Small-arms ammunition for personal use carried by a crewmember or passenger in his baggage (excluding carry-on baggage) if securely packed in fiber, wood or metal boxes, or other packagings specifically designed to carry small amounts of ammunition. This paragraph does not apply to persons traveling under the provisions of 49 CFR 1544.219.
(6) [Reserved]
(7) Oxygen, or any hazardous material used for the generation of oxygen, for medical use by a passenger, which is furnished by the aircraft operator in accordance with 14 CFR 121.574 or 135.91. For purposes of this paragraph, an aircraft operator that is not a certificate holder under 14 CFR part 121 or part 135, may apply this exception in conformance with 14 CFR 121.574 or 135.91 in the same manner as required for a certificate holder.
(8) Human beings and animals with an implanted medical device, such as a heart pacemaker, that contains Class 7 (radioactive) materials or with radio-pharmaceuticals that have been injected or ingested.
(9) Smoke grenades, flares, or similar devices carried only for use during a sport parachute jumping activity.
(10) Safety matches or a lighter intended for use by an individual when carried on one's person. However, lighters containing unabsorbed liquid fuel (other than liquefied gas), lighter fuel, and lighter refills are not permitted on one's person or in checked or carry-on baggage.
(11) Smoke grenades, flares, and pyrotechnic devices affixed to aircraft carrying no person other than a required flight crewmember during any flight conducted at and as a part of a scheduled air show or exhibition of aeronautical skill. The affixed installation accommodating the smoke grenades, flares, or pyrotechnic devices on the aircraft must be approved by the FAA for its intended use.
(12) Hazardous materials which are loaded and carried on or in cargo aircraft only, and which are to be dispensed or expended during flight for weather control, enviromental restoration or protection, forest preservation and protection, flood control, avalanche control purposes, or routine quality control testing of special fireworks manufactured for the Department of Defense, when the following requirements are met:
(i) Operations may not be conducted over densely populated areas, in a congested airway, or near any airport where air carrier passenger operations are conducted.
(ii) Each operator shall prepare and keep current a manual containing operational guidelines and handling procedures, for the use and guidance of flight, maintenance, and ground personnel concerned in the dispensing or expending of hazardous materials. The manual must be approved by the FAA Civil Aviation Security Office responsible for the operator's overall aviation security program or the FAA Civil Aviation Security Office in the region where the operator is located. The manual must be approved by the FAA Civil Aviation Security Field Office responsible for reviewing the operator's hazardous materials program or the FAA Civil Aviation Security Field Office in the region where the operator is located. Each operation must be conducted in accordance with the manual.
(iii) No person other than a required flight crewmember, FAA inspector, or person necessary for handling or dispensing the hazardous material may be carried on the aircraft.
(iv) The operator of the aircraft must have advance permission from the owner of any airport to be used for the dispensing or expending operation.
(v) When dynamite and blasting caps are carried for avalanche control flights, the explosives must be handled by, and at all times be under the control of, a qualified blaster. When required by State or local authority, the blaster must be licensed and the State or local authority must be identified in writing to the FAA Civil Aviation Security Field Office responsible for reviewing the operator's hazardous materials program or the FAA Civil Aviation Security Field Office in the region where the operator is located.
(vi) When special fireworks aerial illuminating flares, manufactured specifically for the DOD, are carried for in-flight routine quality control testing, the fireworks must be handled by, and at all times be under the control of, a qualified person who has been trained in accordance with a program approved by the local FAA Civil Aviation Security Field Office. The aircraft must be specially modified to conduct the testing operation and must be specifically approved for such operations by the local FAA Civil Aviation Security Field Office before the flight.
(13) Carbon dioxide, solid (dry ice) when:
(i) In quantities not exceeding 2.3 kg (5.07 pounds) per package packed as prescribed by §173.217 of this subchapter and used as a refrigerant for the contents of the package. The package must be marked with the name of the contents being cooled, the net weight of the dry ice or an indication that the net weight is 2.3 kg (5.07 pounds) or less, and also marked “Carbon Dioxide, Solid” or “Dry Ice”;
(ii) Intended for use in food and beverage service aboard aircraft; or
(iii) In quantities not exceeding 2 kg (4.4 pounds) per passenger when used to pack perishables in carry-on baggage provided the package permits the release of carbon dioxide gas.
(14) A transport incubator unit necessary to protect life or an organ preservation unit necessary to protect human organs provided:
(i) The compressed gas used to operate the unit is in an authorized DOT specification cylinder and is marked, labeled, filled and maintained as prescribed by this subchapter;
(ii) Each battery used in the operation of the unit is of the nonspillable type;
(iii) The unit is constructed so that valves, fittings, and gauges are protected from damage;
(iv) The pilot in command is advised when the unit is on board, and when it is intended for use;
(v) The unit is accompanied by a person qualified to operate it;
(vi) The unit is secured in the aircraft in a manner so as not to restrict access to or use of any required emergency or regular exit or of the aisle in the passenger compartment; and,
(vii) Smoking within 3 m (10 feet) of the unit is prohibited.
(15) Alcoholic beverages, perfumes, colognes, and liquefied gas lighters that have been examined by the Bureau of Explosives (B of E) and approved by the Associate Administrator, carried aboard a passenger-carrying aircraft by the operator for use or sale on the aircraft.
(16) Perfumes and colognes, purchased through duty-free sales, carried by passengers or crew in carry-on baggage.
(17) Alcoholic beverages containing:
(i) Not more than 24% alcohol by volume; or
(ii) More than 24% and not more than 70% alcohol by volume when in retail packagings not exceeding 5 liters (1.3 gallons) carried by a crew member or passenger in checked or carry-on baggage, with a total net quantity per person of 5 liters (1.3 gallons) for such beverages.
(18) Compressed gas cylinders of Division 2.2 worn by passengers for the operation of mechanical limbs and spare cylinders of a similar size for the same purpose in sufficient quantities to ensure an adequate supply for the duration of the journey.
(19) A wheelchair or other battery-powered mobility aid equipped with a nonspillable battery, when carried as checked baggage, provided that—
(i) The battery meets the provisions of §173.159(d) for nonspillable batteries;
(ii) Visual inspection including, where necessary, removal of the battery, reveals no obvious defects (however, removal of the battery from the housing should be performed by qualified airline personnel only);
(iii) The battery is disconnected and terminals are insulated to prevent short circuits; and
(iv) The battery is securely attached to the wheelchair or mobility aid, is removed and placed in a strong, rigid packaging that is marked “NONSPILLABLE BATTERY” (unless fully enclosed in a rigid housing that is properly marked), or is handled in accordance with paragraph (a)(20)(iv) of this section.
(20) A wheelchair or other battery-powered mobility aid equipped with a spillable battery, when carried as checked baggage, provided that—
(i) Visual inspection including, where necessary, removal of the battery, reveals no obvious defects (however, removal of the battery from the housing should be performed by qualified airline personnel only);
(ii) The battery is disconnected and terminals are insulated to prevent short circuits;
(iii) The pilot-in-command is advised, either orally or in writing, prior to departure, as to the location of the battery aboard the aircraft; and
(iv) The wheelchair or mobility aid is loaded, stowed, secured and unloaded in an upright position or the battery is removed, the wheelchair or mobility aid is carried as checked baggage without further restriction, and the removed battery is carried in a strong, rigid packaging under the following conditions:
(A) The packaging must be leak-tight and impervious to battery fluid. An inner liner may be used to satisfy this requirement if there is absorbent material placed inside of the liner and the liner has a leakproof closure;
(B) The battery must be protected against short circuits, secured upright in the packaging, and be packaged with enough compatible absorbent material to completely absorb liquid contents in the event of rupture of the battery; and
(C) The packaging must be labeled with a CORROSIVE label, marked to indicate proper orientation, and marked with the words “Battery, wet, with wheelchair.”
(21) Hair curlers containing hydrocarbon gas, no more than one per passenger or crew member, provided that the safety cover is securely fitted over the heating element. Gas refills for such curlers are not permitted in checked or carry-on baggage.
(22) A mercurial barometer or thermometer carried as carry-on-baggage only, by a representative of a government weather bureau or similar official agency, provided that individual advises the operator of the presence of the barometer or thermometer in his baggage. The barometer or thermometer must be packaged in a strong outer packaging having sealed inner liner or bag of strong, leak proof and puncture-resistant material impervious to mercury, which will prevent the escape of mercury from the package irrespective of its position. The pilot-in-command must be informed of the presence of any such barometer or thermometer by the operator of the aircraft.
(23) With the approval of the operator of the aircraft and as carry-on baggage, electrically powered heat-producing articles (e.g., battery-operated equipment, such as underwater torches and soldering equipment), which, if accidentally activated, will generate extreme heat and can cause fire. The heat-producing component, or the energy source, must be removed so as to prevent unintentional functioning during transport.
(24) [Reserved]
(25) With approval of the aircraft operator, a passenger or crew member may carry in checked or carry-on baggage no more than two small gas cartridges containing no hazardous material other than a Division 2.2 gas that are fitted into a self-inflating life-jacket for inflation purposes, plus no more than two spare cartridges.
(26) A small medical or clinical mercury thermometer for personal use, when carried in protective cases by passengers or crew members.
(27) Except as provided in §173.21 of this subchapter, consumer electronic and medical devices (watches, calculators, cameras, cellular phones, lap-top computers, camcorders, and hearing aids, etc.) containing lithium cells or batteries, and spare lithium batteries and cells for these devices, when carried by passengers or crew members in carry-on or checked baggage for personal use. In addition, each installed or spare battery must conform to the following:
(i) The lithium content of the anode of each cell, when fully charged, is not more than 5 g; and
(ii) The aggregate lithium content of the anodes of each battery, when fully charged, is not more than 25 g.
(b) A cylinder containing medical-use compressed oxygen, owned or leased by an aircraft operator or offered for transportation by a passenger needing it for personal medical use at destination, may be carried in the cabin of a passenger-carrying aircraft in accordance with the following provisions:
(1) No more than six cylinders belonging to the aircraft operator and, in addition, no more than one cylinder per passenger needing the oxygen at destination, may be transported in the cabin of the aircraft under the provisions of this paragraph (b);
(2) The rated capacity of each cylinder may not exceed 850 L(30 cubic feet);
(3) Each cylinder and its overpack or outer packaging (see Special Provision A52 in §172.102 of this subchapter) must conform to the provisions of this subchapter;
(4) The aircraft operator shall securely stow the cylinder in its overpack or outer packaging in the cabin of the aircraft and shall notify the pilot-in-command as specified in §175.33 of this part; and
(5) Shipments under this paragraph (b) are not subject to—
(i) Subpart C and, for passengers only, subpart H of part 172 of this subchapter;
(ii) Section 173.25(a)(4) of this subchapter.
(iii) Section 175.85(i).
[Amdt. 175–1, 41 FR 16106, Apr. 15, 1976]
Editorial Note: For Federal Register citations affecting §175.10, see the List of CFR Sections Affected which appears in the Finding Aids section of the printed volume and on GPO Access.
§ 175.20 Compliance and training.
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(a) Unless this subchapter specifically provides that another person shall perform a particular duty, each operator shall comply with all applicable requirements in parts 106, 171, 172, and 175 of this chapter and shall ensure each of its hazmat employees receive training in relation thereto. (See also 14 CFR 121.135, 121.401, 121.433a, 135.323, 135.327 and 135.333.)
(b) A carrier may not transport a hazardous material by aircraft unless each of its hazmat employees involved in that transportation is trained as required by subpart H of part 172 of this subchapter.
[Amdt. 175–48, 57 FR 20953, May 15, 1992]
§ 175.25 Notification at air passenger facilities of hazardous materials restrictions.
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(a) Each aircraft operator who engages in for-hire transportation of passengers shall display notices of the requirements applicable to the carriage of hazardous materials aboard aircraft, and the penalties for failure to comply with those requirements. Each notice must be legible, and be prominently displayed so that it can be seen by passengers in locations where the aircraft operator issues tickets, checks baggage, and maintains aircraft boarding areas.
(1) At a minimum, each notice must communicate the following information:
Federal law forbids the carriage of hazardous materials aboard aircraft in your luggage or on your person.
A violation can result in five years' imprisonment and penalties of $250,000 or more (49 U.S.C. 5124).
Hazardous materials include explosives, compressed gases, flammable liquids and solids, oxidizers, poisons, corrosives and radioactive materials.
Examples: Paints, lighter fluid, fireworks, tear gases, oxygen bottles, and radio-pharmaceuticals.
There are special exceptions for small quantities (up to 70 ounces total) of medicinal and toilet articles carried in your luggage and certain smoking materials carried on your person.
For further information contact your airline representative.
(2) The information contained in paragraph (a)(1) of this section must be printed:
(i) In legible English and may, in addition to English, be displayed in other languages; and
(ii) In lettering of at least 1 cm (0.4 inch) in height for the first paragraph and 4.0 mm (0.16 inch) in height for the other paragraphs; and
(iii) On a background of contrasting color.
(3) Size and color of the notice are optional. Additional information, examples, or illustrations, if not inconsistent with the required information, may be included.
(4) Notwithstanding the requirements of paragraph (a)(1) of this section, a notice with the wording “A violation can result in penalties of up to $25,000 and five years' imprisonment. (49 U.S.C. 1809)” may be used through December 31, 2001.
(b) [Reserved]
[Amdt. 175–12, 45 FR 13091, Feb. 28, 1980, as amended by 175–23, 47 FR 43066, Sept. 30, 1982; Amdt. 175–47, 55 FR 52685, Dec. 21, 1990; Amdt. 175–50, 58 FR 50505, Sept. 27, 1993; 63 FR 37462, July 10, 1998; 65 FR 50462, Aug. 18, 2000]
§ 175.26 Notification at cargo facilities of hazardous materials requirements.
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(a) After September 30, 1994, each person who engages in the acceptance or transport of cargo for transportation by aircraft shall display notices, at each facility where cargo is accepted, to persons offering such cargo of the requirements applicable to the carriage of hazardous materials aboard aircraft, and the penalties for failure to comply with those requirements. Each notice must be legible, and be prominently displayed so that it can be seen. At a minimum, each notice must communicate the following information:
(1) Cargo containing hazardous materials (dangerous goods) for transportation by aircraft must be offered in accordance with the Federal Hazardous Materials Regulations (49 CFR parts 171–180).
(2) A violation can result in five years' imprisonment and penalties of $250,000 or more (49 U.S.C. 5124).
(3) Hazardous materials (dangerous goods) include explosives, compressed gases, flammable liquids and solids, oxidizers, poisons, corrosives and radioactive materials.
(4) Notwithstanding the requirements of paragraph (a)(2) of this section, a notice with the wording “A violation can result in penalties of up to $25,000 and five years' imprisonment (49 U.S.C. 1809)” may be used through December 31, 2001.
(b) The information contained in paragraph (a) of this section must be printed:
(1) Legibly in English, and, where cargo is accepted outside of the United States, in the language of the host country; and
(2) On a background of contrasting color.
(c) Size and color of the notice are optional. Additional information, examples, or illustrations, if not inconsistent with required information, may be included.
(d) Exceptions: Display of a notice required by paragraph (a) of this section is not required at:
(1) An unattended location (e.g., a drop box) provided a general notice advising customers of a prohibition on shipments of hazardous materials through that location is prominently displayed; or
(2) A customer's facility where hazardous materials packages are accepted by a carrier.
[Amdt. 175–50, 58 FR 50505, Sept. 27, 1993, as amended at 63 FR 37462, July 10, 1998]
§ 175.30 Accepting and inspecting shipments.
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(a) No person may accept a hazardous material for transportation aboard an aircraft unless the hazardous material is:
(1) Authorized, and is within the quantity limitations specified for carriage aboard aircraft according to §172.101 of this subchapter or as otherwise specifically provided by this subchapter.
(2) Described and certified on a shipping paper prepared in duplicate in accordance with part 172 of this subchapter or as authorized by §171.11 of this subchapter. Each person receiving a shipping paper required by this section must retain a copy or an electronic image thereof, that is accessible at or through its principal place of business and must make the shipping paper available, upon request, to an authorized official of a federal, state, or local government agency at reasonable times and locations.
For a hazardous waste, each shipping paper copy must be retained for three years after the material is accepted by the initial carrier. For all other hazardous materials, each shipping paper copy must be retained for one year after the material is accepted by the carrier. Each shipping paper copy must include the date of acceptance by the carrier. The date on the shipping paper may be the date a shipper notifies the air carrier that a shipment is ready for transportation, as indicated on the airbill or bill of lading, as an alternative to the date the shipment is picked up or accepted by the carrier. Only an initial carrier must receive and retain a copy of the shipper's certification, as required by §172.204 of this subchapter.
(3) Labeled and marked in accordance with subparts D and E of part 172 or as authorized in §171.11 of this subchapter, and placarded (when required) in accordance with subpart F of part 172 of this subchapter; and,
(4) Labeled with a “CARGO AIRCRAFT ONLY” label (see §172.448 of this subchapter) if the material as presented is not permitted aboard passenger-carrying aircraft.
(b) Except as provided in paragraph (d) of this section, no person may carry a hazardous material in a package, outside container, or overpack aboard an aircraft unless the package, outside container, or overpack is inspected by the operator of the aircraft immediately before placing it:
(1) Aboard the aircraft; or,
(2) In a unit load device or on a pallet prior to loading aboard the aircraft.
(c) A hazardous material may only be carried aboard an aircraft if, based on the inspection prescribed in paragraph (b) of this section, the operator determines that the package, outside container, or overpack containing the hazardous material:
(1) Has no holes, leakage or other indication that its integrity has been compromised; and
(2) For Class 7 (radioactive) materials, does not have a broken seal, except that packages contained in overpacks need not be inspected for seal integrity.
(d) The requirements of paragraphs (b) and (c) of this section do not apply to:
(1) An ORM-D material packed in a freight container and offered for transportation by one consignor; or
(2) Dry ice (carbon dioxide, solid).
(e) An overpack containing packages of hazardous materials may be accepted only if the operator has taken all reasonable steps to establish that:
(1) The overpack does not contain a package bearing the “CARGO AIRCRAFT ONLY” label unless—
(i) The overpack affords clear visibility of and easy access to the package; or
(ii) The package contains a material which may be carried inaccessibly under the provisions of §175.85(c)(1); or
(iii) Not more than one package is overpacked.
(2) The proper shipping names, identification numbers, labels and special handling instructions appearing on the inside packages are clearly visible or reproduced on the outside of the overpack, and
(3) Has determined that a statement to the effect that the inside packages comply with the prescribed specifications appears on the outside of the overpack, when specification packagings are prescribed.
[Amdt. 175–1, 41 FR 16106, Apr. 15, 1976]
Editorial Note: For Federal Register citations affecting §175.30, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and on GPO Access.
§ 175.31 Reports of discrepancies.
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(a) Each person who discovers a discrepancy, as defined in paragraph (b) of this section, relative to the shipment of a hazardous material following its acceptance for transportation aboard an aircraft shall, as soon as practicable, notify the nearest FAA Regional or Field Security Office, by telephone or electronically, and shall provide the following information:
(1) Name and telephone number of the person reporting the discrepancy.
(2) Name of the aircraft operator.
(3) Specific location of the shipment concerned.
(4) Name of the shipper.
(5) Nature of discrepancy.
(b) Discrepancies which must be reported under paragraph (a) of this section are those involving hazardous materials which are improperly described, certified, labeled, marked, or packaged, in a manner not ascertainable when accepted under the provisions of §175.30(a) of this subchapter, including:
(1) Package which are found to contain hazardous materials:
(i) Other than as described or certified on shipping papers;
(ii) In quantities exceeding authorized limits;
(iii) In inside containers which are not authorized or have improper closures;
(iv) In inside containers not oriented as shown by package markings;
(v) With insufficient or improper absorption materials, when required; or
(2) Packages or baggage which are found to contain hazardous materials subsequent to their being offered and accepted as other than hazardous materials.
[Amdt. 175–15, 45 FR 35332, May 27, 1980, as amended by Amdt. 175–41, 52 FR 36672, Sept. 30, 1987; 66 FR 45184, Aug. 28, 2001; 68 FR 57633, Oct. 6, 2003]
§ 175.33 Notification of pilot-in-command.
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(a) Except as provided in §175.10, when a hazardous material subject to the provisions of this subchapter is carried in an aircraft, the operator of the aircraft must provide the pilot-in-command with accurate and legible written information as early as practicable before departure of the aircraft, which specifies at least the following:
(1) The proper shipping name, hazard class and identification number of the material, including any remaining aboard from prior stops, as specified in §172.101 of this subchapter or the ICAO Technical Instructions (IBR, see §171.7 of this subchapter). In the case of Class 1 material, the compatibility group letter also must be shown. If a hazardous material is described by the proper shipping name, hazard class, and identification number appearing in:
(i) Section 172.101 of this subchapter, any additional description requirements provided in §§172.202 and 172.203 of this subchapter must also be shown in the notification.
(ii) The ICAO Technical Instructions, any additional information required to be shown on shipping papers by §171.11 of this subchapter must also be shown in the notification.
(2) The total number of packages;
(3) The net quantity or gross weight, as applicable, for each package except those containing Class 7 (radioactive) materials and those for which there is no limit imposed on the maximum net quantity per package;
(4) The location of the packages aboard the aircraft;
(5) Confirmation that no damaged or leaking packages have been loaded on the aircraft;
(6) For Class 7 (radioactive) materials, the number of packages, overpacks or freight containers their category, transport index (if applicable), and their location aboard the aircraft;
(7) The date of the flight;
(8) The telephone number of a person not aboard the aircraft from whom the information contained in the notification of pilot-in-command can be obtained. The aircraft operator must ensure the telephone number is monitored at all times the aircraft is in flight. The telephone number is not required to be placed on the notification of pilot-in-command if the phone number is in a location in the cockpit available and known to the flight crew.
(9) Confirmation that the package must be carried on cargo aircraft only if its transportation aboard passenger-carrying aircraft is forbidden; and
(10) An indication, when applicable, that a hazardous material is being carried under terms of a special permit.
(b) A copy of the written notification to pilot-in-command shall be readily available to the pilot-in-command during flight. Emergency response information required by subpart G of part 172 of this subchapter must be maintained in the same manner as the written notification to pilot-in-command during transport of the hazardous material aboard the aircraft.
(c) The aircraft operator must retain at the airport of departure or the operator's principal place of business a copy of each notification of pilot-in-command, an electronic image thereof, or the information contained therein for 90 days. Except as provided in paragraph (d) of this section, the aircraft operator must make this information available, upon request, to an authorized official of a Federal, State, or local government agency at reasonable times and locations.
(d) The aircraft operator must have the information required to be retained under paragraph (c) of this section readily accessible at the airport of departure and the intended airport of arrival for the duration of the flight leg and, upon request, must make the information immediately available, in an accurate and legible format, to any representative of a Federal, State, or local government agency (including an emergency responder) who is responding to an incident involving the flight.
[Amdt. 175–25, 47 FR 54823, Dec. 6, 1982]
Editorial Note: For Federal Register citations affecting §175.33, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and on GPO Access.
§ 175.35 Shipping papers aboard aircraft.
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(a) A copy of the shipping papers required by §175.30(a)(2) must accompany the shipment it covers during transportation aboard an aircraft.
(b) The documents required by paragraph (a) of this section and §175.33 may be combined into one document if it is given to the pilot-in-command before departure of the aircraft.
§ 175.40 Keeping and replacement of labels.
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(a) Aircraft operators who engage in the transportation of hazardous materials must keep an adequate supply of the labels specified in subpart E of part 172 of this subchapter, on hand at each location where shipments are loaded aboard aircraft.
(b) Lost or detached labels for packages of hazardous materials must be replaced in accordance with the information provided on the shipping papers.
Subpart B—Loading, Unloading and Handling
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§ 175.75 Quantity limitations aboard aircraft.
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(a) Except as provided in §175.85(c)(3), no person may carry on an aircraft:
(1) A hazardous material except as permitted by this subchapter;
(2) More than 25 kg (55 pounds) net weight of hazardous material (and in addition thereto, 75 kg (165 pounds) net weight of Division 2.2 (non-flammable compressed gas) materials permitted to be carried aboard passenger-carrying aircraft:
(i) In an inaccessible cargo compartment,
(ii) In any freight container within an accessible cargo compartment, or
(iii) In any accessible cargo compartment in a cargo aircraft only in a manner that makes it inaccessible unless in a freight container;
(3) Packages containing Class 7 (radioactive) materials when their combined transport index number (determined by adding together the transport index numbers shown on the labels of the individual packages and/or overpacks):
(i) In passenger carrying aircraft, exceeds 50.0 or, for any single package, exceeds 3.0, or
(ii) In cargo aircraft only, exceeds 200.00 (for fissile Class 7 (radioactive) materials, see §175.702(b)(2)(iv)) or, for any single package, exceeds 10.0.
(b) No limitation applies to the number of packages of Class 9 (miscellaneous hazardous) materials, or ORM-D materials aboard an aircraft.
[Amdt. 175–1A, 41 FR 40686, Sept. 20, 1976, as amended by Amdt. 175–13, 45 FR 20101, Mar. 27, 1980; Amdt. 175–25, 47 FR 54823, Dec. 6, 1982; Amdt. 175–29, 48 FR 50461, Nov. 1, 1983; Amdt. 175–47, 55 FR 52685, Dec. 21, 1990; 66 FR 45184, Aug. 28, 2001]
§ 175.78 Stowage compatibility of cargo.
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(a) For stowage on an aircraft, in a cargo facility, or in any other area at an airport designated for the stowage of hazardous materials, packages containing hazardous materials which might react dangerously with one another may not be placed next to each other or in a position that would allow a dangerous interaction in the event of leakage.
(b) As a minimum, the segregation instructions prescribed in the following Segregation Table must be followed to maintain acceptable segregation between packages containing hazardous materials with different hazards. The Segregation Table instructions apply whether or not the class or division is the primary or subsidiary risk. The Segregation Table follows:
Segregation Table-------------------------------------------------------------------------------------------------------------------------------------------------------- Class or division Hazard label -------------------------------------------------------------------------------------------------------------- 1 2 3 4.2 4.3 5.1 5.2 8--------------------------------------------------------------------------------------------------------------------------------------------------------1........................................ Note 1 Note 2 Note 2 Note 2 Note 2 Note 2 Note 2 Note 2--------------------------------------------------------------------------------------------------------------------------------------------------------2........................................ Note 2--------------------------------------------------------------------------------------------------------------------------------------------------------3........................................ Note 2 ............ ............ ............ ............ X--------------------------------------------------------------------------------------------------------------------------------------------------------4.2...................................... Note 2 ............ ............ ............ ............ X--------------------------------------------------------------------------------------------------------------------------------------------------------4.3...................................... Note 2 ............ ............ ............ ............ ............ ............ X--------------------------------------------------------------------------------------------------------------------------------------------------------51....................................... Note 2 ............ X X--------------------------------------------------------------------------------------------------------------------------------------------------------5.2...................................... Note 2--------------------------------------------------------------------------------------------------------------------------------------------------------8........................................ Note 2 ............ ............ ............ X----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
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(c) Instructions for using the Segregation Table are as follows:
(1) The dots at the intersection of a row and column indicate that no restrictions apply.
(2) The letter “X” at the intersection of a row and column indicates that packages containing these classes of hazardous materials may not be stowed next to or in contact with each other, or in a position which would allow interaction in the event of leakage of the contents.
(3) Note 1. “Note 1” at the intersection of a row and column means the following:
(i) For explosives in compatibility groups A through K and N—
(A) Packages bearing the same compatibility group letter and the same division number may be stowed together.
(B) Explosives of the same compatibility group, but different divisions may be stowed together provided the whole shipment is treated as belonging to the division having the smaller number. However, when explosives of Division 1.5 Compatibility Group D are stowed together with explosives of Division 1.2 Compatibility Group D, the whole shipment must be treated as Division 1.1, Compatibility Group D.
(C) Packages bearing different compatibility group letters may not be stowed together whether or not they belong to the same division, except as provided in paragraphs (c)(3)(ii) and (iii) of this section.
(ii) Explosives in Compatibility Group L may not be stowed with explosives in other compatibility groups. They may only be stowed with the same type of explosives in Compatibility Group L.
(iii) Explosives of Division 1.4, Compatibility Group S, may be stowed with explosives of all compatibility groups except for Compatibility Groups A and L.
(iv) Other than explosives of Division 1.4, Compatibility Group S (see paragraph (c)(3)(iii) of this section), and Compatibility Groups C, D and E that may be stowed together, explosives that do not belong in the same compatibility group may not be stowed together.
(A) Any combination of substances in Compatibility Groups C and D must be assigned to the most appropriate compatibility group shown in the §172.101 Table of this subchapter.
(B) Explosives in Compatibility Group N may be stowed together with explosives in Compatibility Groups C, D or E when the combination is assigned Compatibility Group D.
(4) Note 2. “Note 2” at the intersection of a row and column means that other than explosives of Division 1.4, Compatibility Group S, explosives may not be stowed together with that class.
(5) Packages containing hazardous materials with multiple hazards in the class or divisions, which require segregation in accordance with the Segregation Table need not be segregated from other packages bearing the same UN number.
(6) A package labeled “BLASTING AGENT” may not be stowed next to or in a position that will allow contact with a package of special fireworks or railway torpedoes.
[66 FR 33437, June 21, 2001]
§ 175.79 Orientation of cargo.
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(a) A package containing hazardous materials marked “THIS SIDE UP” or “THIS END UP”, or with arrows to indicate the proper orientation of the package, must be stored and loaded aboard an aircraft in accordance with such markings.
(b) A package containing liquid hazardous materials not marked as indicated in paragraph (a) of this section, must be stored and loaded with closures up (other than side closures in addition to top closures).
[Amdt. 175–25, 47 FR 54823, Dec. 6, 1982]
§ 175.81 Securing of packages containing hazardous materials.
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(a) Packages containing hazardous materials must be secured in an aircraft in a manner that will prevent any shifting in flight which would result in damage to or change in the orientation of the packages.
(b) Packages containing Class 7 (radioactive) materials must be secured in a manner that insures that the separation requirements of §§175.701 and 175.702 will be maintained at all times during flight.
[Amdt. 175–25, 47 FR 54823, Dec. 6, 1982, as amended by Amdt. 175–47, 55 FR 52685, Dec. 21, 1990; 68 FR 61942, Oct. 30, 2003]
§ 175.85 Cargo location.
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(a) Except as provided in §175.10, no person may carry a hazardous material subject to the requirements of this subchapter in the cabin of a passenger-carrying aircraft or on the flight deck of any aircraft. Hazardous materials may be carried in a main deck cargo compartment of a passenger aircraft provided that the compartment is inaccessible to passengers and that it meets all certification requirements for a Class B aircraft cargo compartment in 14 CFR 25.857(b) or for a Class C aircraft cargo compartment in 14 CFR 25.857(c).
(b) Each package containing a hazardous material acceptable only for cargo aircraft must be loaded in such a manner that a crew member or other authorized person can see, handle and when size and weight permit, separate such packages from other cargo during flight.
(c) Notwithstanding the provisions of paragraph (b) of this section:
(1) When packages of the following hazardous materials are carried on cargo aircraft only, they may be carried in a location which is inaccessible to a crewmember during flight and are not subject to the weight limitation specified in paragraph (a)(2) of §175.75 of this subchapter.
(i) Class 7 (radioactive) materials,
(ii) Division 6.1 (poisonous) materials (except those labeled FLAMMABLE),
(iii) Materials in Division 6.2 (etiologic or infectious substances),
(iv) Class 3 (flammable liquid) materials with a flash point above 23 °C (73 °F) that do not meet the definition of another hazardous class,
(v) Class 9 (miscellaneous hazardous) materials, and ORM-D materials.
(2) When packages of hazardous materials acceptable for cargo-only or passenger-carrying aircraft are carried on cargo aircraft only where other means of transportation are impracticable or not available, packages may be carried in accordance with procedures approved in writing by the FAA Air Transportation Security Field Office responsible for the operator's overall aviation security program or the FAA Air Transportation Security Division in the region where the operator is located.
(3) When packages of hazardous materials acceptable for cargo-only or passenger-carrying aircraft are carried on small, single pilot, cargo aircraft only being used where other means of transportation are impracticable or not available, they may be carried without quantity limitation as specified in §175.75 in a location that is not accessible to the pilot if:
(i) No person other than the pilot, an FAA inspector, the shipper or consignee of the material or a representative of the shipper or consignee so designated in writing, or a person necessary for handling the material is carried on the aircraft;
(ii) The pilot is provided with written instructions on characteristics and proper handling of the materials; and
(iii) Whenever a change of pilots occurs while the material is on board, the new pilot is briefed under a hand-to-hand signature service provided by the operator of the aircraft.
(d) [Reserved]
(e) No person may carry a material subject to the requirements of this subchapter that is acceptable for carriage in a passenger-carrying aircraft (other than magnetized materials) unless it is located in the aircraft in a place that is inaccessible to persons other than crew-members.
(f) Paragraphs (a) and (e) of this section do not apply to a person operating an aircraft under §175.310 which, because of its size and configuration, makes it impossible for that person to comply.
(g) No person may load magnetized material (which might cause an erroneous magnetic compass reading) on an aircraft, in the vicinity of a magnetic compass, or compass master unit, that is a part of the instrument equipment of the aircraft, in a manner that affects its operation. If this requirement cannot be met, a special aircraft swing and compass calibration may be made.
(h) Compressed oxygen, when properly labeled Oxidizer or Oxygen, may be loaded and transported as provided in paragraph (i) of this section. No person may load or transport any other package containing a hazardous material for which an OXIDIZER label is required under this subchapter in an inaccessible cargo compartment that does not have a fire or smoke detection system and a fire suppression system.
(i) In addition to the quantity limitations prescribed in §175.75, cylinders of compressed oxygen must be stowed in accordance with the following:
(1) No more than a combined total of six cylinders of compressed oxygen may be stowed on an aircraft in the inaccessible aircraft cargo compartment(s) that do not have fire or smoke detection systems and fire suppression systems.
(2) When loaded into a passenger-carrying aircraft or in an inaccessible cargo location on a cargo-only aircraft, cylinders of compressed oxygen must be stowed horizontally on the floor or as close as practicable to the floor of the cargo compartment or unit load device. This provision does not apply to cylinders stowed in the cabin of the aircraft in accordance with §175.10(b).
(3) When transported in a Class B aircraft cargo compartment (see 14 CFR 25.857(b)) or its equivalent (i.e., an accessible cargo compartment equipped with a fire or smoke detection system but not a fire suppression system), cylinders of compressed oxygen must be loaded in a manner that a crew member can see, handle and, when size and weight permit, separate the cylinders from other cargo during flight. No more than six cylinders of compressed oxygen and, in addition, one cylinder of medical-use compressed oxygen per passenger needing oxygen at destination—with a rated capacity of 850 L (30 cubic feet) or less of oxygen—may be carried in a Class B aircraft cargo compartment or its equivalent.
(j) A package bearing a KEEP AWAY FROM HEAT handling marking must be protected from direct sunshine and stored in a cool and ventilated place, away from sources of heat.
[Amdt. 175–1, 41 FR 16106, Apr. 15, 1976]
Editorial Note: For Federal Register citations affecting §175.85, see the List of CFR Sections Affected which appears in the Finding Aids section of the printed volume and on GPO Access.
§ 175.88 Inspection of unit load devices.
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A unit load device may not be loaded on an aircraft unless the device has been inspected and found to be free from any evidence of leakage from, or damage to, any package containing hazardous materials.
[Amdt. 175–25, 47 FR 54824, Dec. 6, 1982]
§ 175.90 Damaged shipments.
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(a) Packages or overpacks containing hazardous materials must be inspected for damage or leakage after being unloaded from an aircraft. When packages or overpacks containing hazardous materials are carried in a unit load device, the area where the unit load device was stowed must be inspected for evidence of leakage or contamination immediately upon removal of the unit load device from the aircraft, and the packages or overpacks inspected for evidence of damage or leakage when the unit load device is unloaded. In the event of leakage or suspected leakage, the compartment in which the package, overpack, or unit load device was carried must be inspected for contamination and any dangerous level of contamination removed.
(b) Except as provided in §175.700, the operator of an aircraft must remove from the aircraft any package, baggage or cargo that appears to be leaking or contaminated by a hazardous material. In the case of a package, baggage or cargo that appears to be leaking, the operator must ensure that other packages, baggage or cargo in the same shipment are in proper condition for transport aboard the aircraft and that no other package, baggage or cargo has been contaminated or is leaking. If an operator becomes aware that a package, baggage or cargo not identified as containing a hazardous material has been contaminated, or the operator has cause to believe that a hazardous material may be the cause of the contamination, the operator must take reasonable steps to identify the nature and source of contamination before proceeding with the loading of the contaminated baggage or cargo. If the contaminating substance is found or suspected to be a hazardous material, the operator must isolate the package, baggage or cargo and take appropriate steps to eliminate any identified hazard before continuing the transportation of the item by air.
(c) No person may place aboard an aircraft, a package, baggage or cargo that is contaminated with a hazardous material or appears to be leaking.
(d) If a package containing a material in Division 6.2 (etiologic or infectious substance) is found to be damaged or leaking, the person finding the package shall:
(1) Avoid handling the package or keep handling to a minimum;
(2) Inspect packages adjacent to the leaking package for contamination and withhold from further transportation any contaminated packages until it is ascertained that they can be safely transported;
(3) Comply with the reporting requirement of §171.15 of this subchapter; and
(4) Notify the consignor or consignee.
[Amdt. 175–25, 47 FR 54824, Dec. 6, 1982, as amended by Amdt. 175–47, 55 FR 52685, Dec. 21, 1990; 66 FR 45184, Aug. 28, 2001; 68 FR 45038, July 31, 2003]
Subpart C—Specific Regulations Applicable According to Classification of Material
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§ 175.305 Self-propelled vehicles.
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(a) Self-propelled vehicles are exempt from the drainage requirements of §173.220 of this subchapter when carried in aircraft designed or modified for vehicle ferry operations and when all of the following conditions are met:
(1) Authorization for this type operation has been given by the appropriate authority in the government of the country in which the aircraft is registered;
(2) Each vehicle is secured in an upright position;
(3) Each fuel tank is filled in a manner and only to a degree that will preclude spillage of fuel during loading, unloading, and transportation; and
(4) Each area or compartment in which a self-propelled vehicle is being transported is suitably ventilated to prevent the accumulation of fuel vapors.
(b) [Reserved]
[Amdt. 175–1, 41 FR 16106, Apr. 15, 1976, as amended by Amdt. 175–12, 45 FR 13091, Feb. 28, 1980; Amdt. 175–25, 47 FR 54824, Dec. 6, 1982; Amdt. 175–47, 55 FR 52685, Dec. 21, 1990]
§ 175.310 Transportation of flammable liquid fuel in small, passenger-carrying aircraft.
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A small aircraft or helicopter operated entirely within the State of Alaska or into a remote area elsewhere in the United States may carry, in other than scheduled passenger operations, not more than 76 L(20 gallons) of flammable liquid fuel, if:
(a) Transportation by air is the only practical means of providing suitable fuel;
(b) The flight is necessary to meet the needs of a passenger;
(c) The fuel is carried in metal containers that are either:
(1) In strong tight metal containers of not more than 20 L (5.3 gallons) capacity, each packed inside a UN 4G fiberboard box or each packed inside a UN 4C1 wooden box, or in the case of a small aircraft in Alaska, each packed inside a wooden box of at least 1.3 cm (0.51 inch) thickness;
(2) 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 or, in the case of a small aircraft in Alaska, each packed inside a wooden box of at least 1.3 cm (0. 51 inch) thickness;
(3) UN 1A1 steel drums of not more than 20 L (5.3 gallons) capacity; or
(4) Fuel tanks attached to flammable liquid fuel powered equipment under the following conditions:
(i) Each piece of equipment is secured in an upright position;
(ii) Each fuel tank is filled in a manner that will preclude spillage of fuel during loading, unloading, and transportation; and
(d) In the case of a helicopter, the fuel is carried on external cargo racks;
(e) Each area or compartment in which the fuel is loaded is suitably ventilated to prevent the accumulation of fuel vapors;
(f) Before each flight, the pilot-in-command:
(1) Informs each passenger of the location of the fuel and the hazards involved; and
(2) 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 loading or unloading or in flight; and
(g) Fuel is transferred to the fuel tanks only while the aircraft is on the surface.
[Amdt. 175–1, 41 FR 16106, Apr. 15, 1976, as amended by Amdt. 175–1A, 41 FR 40686, Sept. 20, 1976; Amdt. 175–12, 45 FR 13091, Feb. 28, 1980; Amdt. 175–21, 46 FR 58696, Dec. 3, 1981; Amdt. 175–47, 55 FR 52686, Dec. 21, 1990; 66 FR 45383, 45384, Aug. 28, 2001]
§ 175.320 Cargo aircraft only; only means of transportation.
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(a) Notwithstanding §172.101 of this subchapter, when means of transportation other than air are impracticable or not available, hazardous materials listed in the following table may be carried on a cargo aircraft only, subject to the conditions stated in the table and in paragraph (b) of this section and, when appropriate, paragraph (c) of this section:
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---------------------------------------------------------------------------------------------------------------- Material Class Conditions----------------------------------------------------------------------------------------------------------------Detonators, detonator assemblies and Division 1.1 or 1.2 Permitted only when no other hazardous boosters with detonators. explosives. material is aboard the aircraft.Detonators, detonator assemblies and Division 1.4 explosives.... With the exception of Division 1.1 or 1.2 boosters with detonators. Detonators, detonator assemblies and boosters with detonators, permitted only when there are no Division 1.1 or 1.2 (Class A) explosives aboard aircraft.Fuel, aviation, turbine engine; methyl Class 3 (flammable liquid). Permitted in metal drums authorized for alcohol; or toluene. Packing Group I or II liquid hazardous materials having rated capacities of 220 L (58.1 gallons) or less. May not be transported in the same aircraft with Class 1 (explosives), Class 5 (oxidizer), or Class 8 (corrosive) materials. Permitted in installed tanks each having a capacity of more than 450 L (118.9 gallons) subject to the conditions specified in paragraph (c) of this section.Gasoline................................ Class 3 (flammable liquid). Permitted in metal drum having rated capacities of 220 L(58.1 gallons) or less. May not be transported in the same aircraft with materials classed as Class 1 (explosive), Class 5 (oxidizer), or Class 8 (corrosive) materials. Permitted in installed tanks each having a capacity of 450 L (118.9 gallons). Subject to the conditions specified in paragraph (c) of this section.High explosives......................... Class 1 (explosive) Limited to Class 1 (explosive) materials materials. to be used for blasting. Permitted only when no other cargo is aboard the aircraft or when being transported in the same aircraft with an authorized shipment of any one or more of any of the following materials to be used for blasting: Ammonium nitrate-fuel oil mixtures. Explosive, blasting, TYPE A,B,C,D,and E (Div. 1.1D or 1.5D), or Agent, blasting, TYPE B (Div. 1.5D); Substances, explosive, very insensitive, n.o.s., or Substances, EVI, n.o.s. (Div. 1.5D); Articles, explosive, extremely insensitive or Articles, EEI (Div.1.6N). Detonating cord. Propellant explosive (solid) (Division 1.3) (water gels only) Propellant explosive (liquid) (Division 1.3) (water gels only)Oil n.o.s.; petroleum oil or petroleum Class 3 (flammable liquid). Permitted in metal drums having rated oil, n.o.s. capacities of 220 L (58.1 gallons) or less. May not be transported in the same aircraft with materials classed as Class 1 (explosive), Class 5 (oxidizer), or Class 8 (corrosive) materials. Permitted in installed tanks each having a capacity of 450 L (118.9 gallons). Subject to the conditions specified in paragraph (c) of this section.Combustible liquid n.o.s................ Class 3 (combustible Permitted in installed tanks each having liquid). a capacity of more than 450 L (118.9 gallons) subject to the conditions specified in paragraph (c) of this section.----------------------------------------------------------------------------------------------------------------
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(b) The following conditions apply to the carriage of hazardous materials performed under the authority of this section:
(1) No person other than a required flight crewmember, an FAA inspector, the shipper or consignee of the material or a representative of the shipper or consignee so designated in writing, or a person necessary for handling the material may be carried on the aircraft.
(2) The operator of the aircraft must have advance permission from the owner or operator of each manned airport where the material is to be loaded or unloaded or where the aircraft is to land while the material is on board. When the destination is changed after departure because of weather or other unforeseen circumstances, permission from the owner or operator of the alternate airport should be obtained as soon as practicable before landing.
(3) At any airport where the airport owner or operator or authorized representative thereof has designated a location for loading or unloading the material concerned, the material may not be loaded or unloaded at any other location.
(4) If the material concerned can create destructive forces or have lethal or injurious effects over an appreciable area as a result of an accident involving the aircraft or the material, the loading and unloading of the aircraft and its operation in takeoff, en route, and in landing must be conducted at a safe distance from heavily populated areas and from any place of human abode or assembly.
(5) If the aircraft is being operated by a holder of a certificate issued under 14 CFR part 121, part 133 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 Civil Aviation Security Office serving the operator's location or the place where the material is to be loaded.
(6) Each pilot of the aircraft must be provided written instructions stating the conditions and limitations of the operation being conducted and the name of the airport official[s] granting the advance permission required by the first sentence of paragraph (b)(2) of this section.
(7) The aircraft and the loading arrangement to be used must be approved for safe carriage of the particular materials concerned by the FAA Civil Aviation Security Office responsible for the operator's overall aviation security program or the appropriate FAA Civil Aviation Security Office serving the place where the material is to be loaded.
(8) When Division 1.1 or 1.2 (explosive) materials are carried aboard cargo aircraft only under the provisions of this section, the aircraft operator shall take all possible action to insure that routes over heavily populated areas are avoided commensurate with considerations of flight safety. During the approach and landing phase, the aircraft operator shall request appropriate vectors when under radar control to avoid heavily populated areas.
(9) 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.
(10) If the movement involves international transportation, permission for the shipment may also be required from the appropriate authorities of the countries of origin, destination, transit and overflight prior to departure.
(c) The following additional conditions apply to the carriage of Class 3 (flammable) and combustible liquid materials in tanks each having a capacity of more than 420 liters (111 gallons) under the authority of this section:
(1) 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 Regional Office.
(2) 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 Regional Office approval required by this section must be carried on the aircraft.
(3) The crew of the aircraft must be thoroughly briefed on the operation of the particular bulk tank system being used.
(4) During loading and unloading and thereafter until any remaining fumes within the aircraft are dissipated:
(i) Only those electrically operated bulk tank shutoff valves that have been approved under a supplemental type certificate may be electrically operated.
(ii) 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.
(iii) No person may fill a container, other than an approved bulk tank, with a Class 3 (flammable and combustible liquid) materials or discharge a Class 3 (flammable and combustible liquid) materials from a container, other than an approved bulk tank, while that container is inside or within 15 m (50 feet) of the aircraft.
(iv) When filling an approved bulk tank by hose from inside the aircraft, the doors and hatches must be fully open to insure proper ventilation.
(v) Static ground wires must be connected between the storage tank or fueler and the aircraft, and between the aircraft and a positive ground device.
[Amdt. 175–1, 41 FR 16106, Apr. 15, 1976]
Editorial Note: For Federal Register citations affecting §175.320, see the List of CFR Sections Affected which appears in the Finding Aids section of the printed volume and on GPO Access.
§ 175.630 Special requirements for Division 6.1 (poisonous) material and Division 6.2 (infectious substance) material.
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Link to an amendment published at 71 FR 32263, June 2, 2006.
(a) A hazardous material bearing a POISON, POISON INHALATION HAZARD, or INFECTIOUS SUBSTANCE label may not be carried in the same compartment of an aircraft with material which is marked as or known to be a foodstuff, feed, or any other edible material intended for consumption by humans or animals unless either the Division 6.1 (poisonous) material or material in Division 6.2 (infectious substance) and the foodstuff, feed, or other edible material are loaded in separate unit load devices which, when stowed on the aircraft, are not adjacent to each other, or the Division 6.1 (poisonous) material or material in Division 6.2 (infectious substance) are loaded in one closed unit load device and the foodstuff, feed or other material is loaded in another closed unit load device.
(b) No person may operate an aircraft that has been used to transport any package bearing a POISON or POISON INHALATION HAZARD label unless, upon removal of such package, the area in the aircraft in which it was carried is visually inspected for evidence of leakage, spillage, or other contamination. All contamination discovered must be either isolated or removed from the aircraft. The operation of an aircraft contaminated with such Division 6.1 (poisonous) materials is considered to be the carriage of poisonous materials under paragraph (a) of this section.
[Amdt. 175–85, 62 FR 1236, Jan. 8, 1997, as amended at 64 FR 10781, Mar. 5, 1999]
§ 175.700 Special limitations and requirements for Class 7 (radioactive) materials.
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(a) In addition to other requirements, no person may transport in a passenger-carrying aircraft any package required to be labeled in accordance with §172.403 of this subchapter with a RADIOACTIVE YELLOW-II, RADIOACTIVE YELLOW-III or FISSILE label unless:
(1) For a package required to be labeled RADIOACTIVE YELLOW-III, the transport index does not exceed 3.0;
(2) For a package required to carry a FISSILE label, the criticality safety index does not exceed 3.0;
(3) The package is carried on the floor of the cargo compartment, or freight container;
(4) The package is carried in the aircraft in accordance with §§175.701 and 175.703;
(5) The total sum of transport indices of all packages in the aircraft does not exceed 50; and
(6) The total sum of criticality safety indices of all packages in the aircraft does not exceed 50.
(b) In addition to the reporting requirements of §171.15 of this subchapter, the carrier shall also notify the offeror at the earliest practicable moment following any incident in which there has been breakage, spillage, or suspected radioactive contamination involving Class 7 (radioactive) materials shipments. Aircraft in which Class 7 (radioactive) materials have been spilled may not again be placed in service or routinely occupied until the radiation dose rate at every accessible surface is less than 0.005 mSv per hour (0.5 mrem per hour) and there is no significant removable radioactive surface contamination as determined in accordance with §173.443 of this subchapter. When contamination is present or suspected, the package and/or materials it has touched must be segregated as far as practicable from personnel contact until appropriate radiological advice or assistance is obtained. The Regional Office of the U.S. Department of Energy or appropriate State or local radiological authorities can provide advice or assistance, and should be notified in cases of obvious leakage, or if it appears likely that the inside container may have been damaged. For personnel safety, the carrier shall take care to avoid possible inhalation, ingestion, or contact by any person with Class 7 (radioactive) materials that may have leaked or spilled from its package. Any loose Class 7 (radioactive) materials and associated packaging materials must be left in a segregated area pending disposal instructions from responsible radiological authorities.
(c) Except as provided in §§173.4, 173.422 and 173.423 of this subchapter, no person shall carry any Class 7 (radioactive) materials aboard a passenger carrying aircraft unless that material is intended for use in, or incident to research, medical diagnosis or treatment.
(d) Type B(M) packages may not be offered or accepted for transportation, nor transported, on passenger-carrying aircraft.
[Amdt. 175–13, 45 FR 20101, Mar. 27, 1980, as amended by Amdt. 175–19, 46 FR 24185, Apr. 30, 1981; Amdt. 175–26, 48 FR 10245, Mar. 10, 1983; Amdt. 175–31, 49 FR 38134, Sept. 27, 1984; 50 FR 18668, May 2, 1985; Amdt. 175–47, 55 FR 52687, Dec. 21, 1990; Amdt. 175–50, 58 FR 50505, Sept. 27, 1993; Amdt. 175–51, 59 FR 49134, Sept. 26, 1994; Amdt. 175–53, 60 FR 50333, Sept. 28, 1995; 62 FR 51561, Oct. 1, 1997; 63 FR 52850, Oct. 1, 1998; 64 FR 51919, Sept. 27, 1999; 69 FR 3693, Jan. 26, 2004]
§ 175.701 Separation distance requirements for packages containing Class 7 (radioactive) materials in passenger-carrying aircraft.
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(a) General. No person may carry in a passenger-carrying aircraft any package required by §172.403 of this subchapter to be labeled Radioactive Yellow-II, or Radioactive Yellow-III unless the package is placed in the aircraft in accordance with the minimum separation distances prescribed in paragraph (b) or (c) of this section.
(b) Separation distances. (1) Except as provided in paragraph (c) of this section, the minimum separation distances prescribed in paragraphs (b)(2) and (b)(3) of this section are determined by measuring the shortest distance between the surfaces of the Class 7 (radioactive) materials package and the surfaces bounding the space occupied by passengers or animals. If more than one package of Class 7 (radioactive) materials is placed in a passenger-carrying aircraft, the minimum separation distance for these packages shall be determined in accordance with paragraphs (b)(2) and (b)(3) of this section on the basis of the sum of the transport index numbers of the individual packages or overpacks.
(2) The following table prescribes minimum separation distances that must be maintained in passenger-carrying aircraft between Class 7 (radioactive) materials labeled Radioactive Yellow-II or Radioactive Yellow-III and passengers and crew:
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------------------------------------------------------------------------ Minimum separation Transport index or sum of transport indexes of distances all packages in the aircraft or predesignated ------------------------ area Centimeters Inches------------------------------------------------------------------------0.1 to 1.0..................................... 30 121.1 to 2.0..................................... 50 202.1 to 3.0..................................... 70 283.1 to 4.0..................................... 85 344.1 to 5.0..................................... 100 405.1 to 6.0..................................... 115 466.1 to 7.0..................................... 130 527.1 to 8.0..................................... 145 578.1 to 9.0..................................... 155 619.1 to 10.0.................................... 165 6510.1 to 11.0................................... 175 6911.1 to 12.0................................... 185 7312.1 to 13.0................................... 195 7713.1 to 14.0................................... 205 8114.1 to 15.0................................... 215 8515.1 to 16.0................................... 225 8916.1 to 17.0................................... 235 9317.1 to 18.0................................... 245 9718.1 to 20.0................................... 260 10220.1 to 25.0................................... 290 11425.1 to 30.0................................... 320 12630.1 to 35.0................................... 350 13835.1 to 40.0................................... 375 14840.1 to 45.0................................... 400 15745.1 to 50.0................................... 425 167------------------------------------------------------------------------
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(3) Class 7 (radioactive) materials in packages, overpacks or freight containers labeled Radioactive Yellow-II or Radioactive Yellow-III must be separated from live animals by a distance of at least 0.5 m (20 inches) for journeys not exceeding 24 hours, and by a distance of at least 1.0 m (39 inches) for journeys longer than 24 hours.
(c) Predesignated areas. A package required by §172.403 of this subchapter to be labeled Radioactive Yellow-II or Radioactive Yellow-III may be carried in a passenger-carrying aircraft in accordance with a system of predesignated areas established by the aircraft operator. Each aircraft operator that elects to use a system of predesignated areas shall submit a detailed description of the proposed system to the Associate Administrator for approval prior to implementation of the system. A proposed system of predesignated areas is approved if the Associate Administrator determines that it is designed to assure that:
(1) The packages can be placed in each predesignated area in accordance with the minimum separation distances prescribed in paragraph (b)(2) of this section; and
(2) The predesignated areas are separated from each other by minimum distance equal to at least four times the distances required by paragraphs (b)(1) and (b)(2) of this section for the predesignated area containing packages with the largest sum of transport indexes.
[Amdt. 175–13, 45 FR 20102, Mar. 27, 1980, as amended by Amdt. 175–23, 47 FR 43066, Sept. 30, 1982; Amdt. 175–25, 47 FR 54824, Dec. 6, 1982; Amdt. 175–47, 55 FR 52687, Dec. 21, 1990; 56 FR 66281, Dec. 20, 1991; Amdt. 175–49, 58 FR 50494, Sept. 27, 1993; 66 FR 45383, Aug. 28, 2001]
§ 175.702 Requirements for carriage of packages containing Class 7 (radioactive) materials in a cargo aircraft only.
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(a) As used in this section, the term “group of packages” means packages that are separated from each other in an aircraft by a distance of 6 m (20 feet) or less.
(b) No person may transport in a cargo aircraft only any package required by §172.403 of this subchapter to be labeled RADIOACTIVE YELLOW-II or RADIOACTIVE YELLOW-III or FISSILE unless:
(1) The total transport index for all of the packages does not exceed 50.0, the total criticality safety index for all of the packages does not exceed 50.0, and the package is carried in accordance with §175.701(a); or
(2) The total transport index for all of the packages is greater than 50.0 but does not exceed 200.0, the total criticality safety index for all of the packages does not exceed 100.0. Any package, overpack or consignment having a criticality safety index greater than 50 must be transported under exclusive use; and:
(i) The transport index for any group of packages does not exceed 50.0;
(ii) Each group of packages is separated from every other group in the aircraft by not less than 6 m (20 feet), measured from the outer surface of each group; and
(iii) The separation distance between the surfaces of the Class 7 (radioactive) materials packages, overpacks or freight containers and any space occupied by—
(A) Humans is at least 9 m (30 feet); and
(B) Live animals is at least 0.5 m (20 inches) for journeys not exceeding 24 hours and at least 1.0 m (39 inches) for journeys longer than 24 hours.
[Amdt. 175–13, 45 FR 20102, Mar. 27, 1980, as amended by Amdt. 175–29, 48 FR 50461, Nov. 1, 1983; Amdt. 175–47, 55 FR 52687, Dec. 21, 1990; Amdt. 175–49, 58 FR 50494, Sept. 27, 1993; 66 FR 45383, Aug. 28, 2001; 69 FR 3694, Jan. 26, 2004]
§ 175.703 Other special requirements for the acceptance and carriage of packages containing Class 7 (radioactive) materials.
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(a) No person may carry in an aircraft any package of Class 7 (radioactive) materials required by §172.403 of this subchapter to be labeled Radioactive Yellow-II or Radioactive Yellow-III closer than the distances shown in the following table to any package marked as containing undeveloped film:
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-------------------------------------------------------------------------------------------------------------------------------------------------------- Minimum separation distance to nearest undeveloped film for various times of transit ----------------------------------------------------------------------------------------- Transport index Up to 2 hours 2 to 4 hours 4 to 8 hours 8 to 12 hours Over 12 hours ----------------------------------------------------------------------------------------- Meters Feet Meters Feet Meters Feet Meters Feet Meters Feet--------------------------------------------------------------------------------------------------------------------------------------------------------0.1 to 1.0.................................................... 0.3 1 0.6 2 0.9 3 1.2 4 1.5 51.1 to 5.0.................................................... 0.9 3 1.2 4 1.8 6 2.4 8 3.3 115.1 to 10.0................................................... 1.2 4 1.8 6 2.7 9 3.3 11 4.5 1510.1 to 20.0.................................................. 1.5 5 2.4 8 3.6 12 4.8 16 6.6 2220.1 to 30.0.................................................. 2.1 7 3.0 10 4.5 15 6.0 20 8.7 2930.1 to 40.0.................................................. 2.4 8 3.3 11 5.1 17 6.6 22 9.9 3340.1 to 50.0.................................................. 2.7 9 3.6 12 5.7 19 7.2 24 10. 8 36--------------------------------------------------------------------------------------------------------------------------------------------------------
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(b) No person may accept for carriage in an aircraft packages of Class 7 (radioactive) materials, other than limited quantities, contained in an overpack unless they have been prepared for shipment in accordance with §172.403(h) of this subchapter.
(c) Each shipment of fissile material packages must conform to the requirements of §§173.457 and 173.459 of this subchapter.
(d) No person shall offer or accept for transportation, or transport, by air—
(1) Vented Type B(M) packages, packages which require external cooling by an ancillary cooling system or packages subject to operational controls during transport; or
(2) Liquid pyrophoric Class 7 (radioactive) materials.
(e) Packages with radiation levels at the package surface or a transport index in excess of the limits specified in §173.441(a) of this subchapter may not be transported by aircraft except under special arrangements approved by the Associate Administrator.
[Amdt. 175–13, 45 FR 20102, Mar. 27, 1980, as amended by Amdt. 175–26, 48 FR 10245, Mar. 10, 1983; Amdt. 175–26, 48 FR 31220, July 7, 1983; Amdt. 175–29, 48 FR 50461, Nov. 1, 1983; Amdt. 175–47, 55 FR 52687, Dec. 21, 1990; Amdt. 175–53, 60 FR 50333, Sept. 28, 1995; 69 FR 3694, Jan. 26, 2004]
§ 175.704 Plutonium shipments.
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Shipments of plutonium by air which are subject to 10 CFR 71.88(a)(4) must comply with the following:
(a) A plutonium package weighing less than 40 kg (88 lbs) and having its height and diameter both less than 50 cm (19.7 in), must be stowed aboard the aircraft on the main deck or the lower cargo compartment in the aft-most location that is possible for cargo of its size and weight. No other type of cargo may be stowed aft of a plutonium package.
(b) A plutonium package must be secured and restrained to prevent shifting under normal transport. A plutonium package weighing 40 kg (88 lbs) or more must be securely cradled and tied down to the main deck of the aircraft such that the tied down system is capable of providing package restraint against the following inertial forces acting separately relative to the deck of the aircraft: Upward, 2g; Forward, 9g; Sideward, 1.5g; Downward, 4.5g.
(c) A plutonium package weighing less than 40 kg (88 lbs), and having its height and diameter both less than 50 cm (19.7 in), may not be transported aboard an aircraft carrying other cargo required to bear an “Explosive A” or an “Explosive 1.1” label. Any other plutonium package may not be transported aboard an aircraft carrying other cargo bearing any of the following hazardous material labels: Explosive A; Explosive B; Explosive C; Explosive 1.1, 1.2, 1.3, 1.4, 1.5 or 1.6; Spontaneously Combustible; Dangerous When Wet; Organic Peroxide; Non-Flammable Gas; Flammable Liquid; Flammable Solid; Flammable Gas; Oxidizer; or Corrosive.
[Amdt. 175–53, 60 FR 50333, Sept. 28, 1995]
§ 175.705 Inspection of aircraft for contamination by Class 7 (radioactive) materials.
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(a) Aircraft used routinely for the carriage of Class 7 (radioactive) materials shall be periodically checked for radioactive contamination. The frequency of checks shall be related to the likelihood of contamination and the extent to which Class 7 (radioactive) materials are carried.
(b) An aircraft must be taken out of service if the level of contamination exceeds that provided in §175.700(b).
[Amdt. 175–25, 47 FR 54824, Dec. 6, 1982, as amended by Amdt. 175–47, 55 FR 52687, Dec. 21, 1990]
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