[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: 49CFR175.5]

[Page 663]
 
                        TITLE 49--TRANSPORTATION
 
 CHAPTER I--RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION, DEPARTMENT OF 
                             TRANSPORTATION
 
PART 175_CARRIAGE BY AIRCRAFT--Table of Contents
 
              Subpart A_General Information and Regulations
 
Sec.  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 Sec.  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]