[Code of Federal Regulations]
[Title 49, Volume 2]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR175.320]

[Page 676-678]
 
                        TITLE 49--TRANSPORTATION
 
 CHAPTER I--RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION, DEPARTMENT OF 
                             TRANSPORTATION
 
PART 175_CARRIAGE BY AIRCRAFT--Table of Contents
 
Subpart C_Specific Regulations Applicable According to Classification of 
                                Material
 
Sec.  175.320  Cargo aircraft only; only means of transportation.

    (a) Notwithstanding Sec.  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:

----------------------------------------------------------------------------------------------------------------
                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:

[[Page 677]]


                                                                       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.
----------------------------------------------------------------------------------------------------------------

    (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

[[Page 678]]

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 Sec.  
175.320, see the List of CFR Sections Affected which appears in the 
Finding Aids section of the printed volume and on GPO Access.