49 C.F.R. Subpart A—General Information and Regulations


Title 49 - Transportation


Title 49: Transportation
PART 175—CARRIAGE BY AIRCRAFT

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Subpart A—General Information and Regulations

§ 175.1   Purpose and scope.

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.

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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

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