[Code of Federal Regulations]
[Title 49, Volume 2]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR172.321]

[Page 358-359]
 
                        TITLE 49--TRANSPORTATION
 
 CHAPTER I--RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION, DEPARTMENT OF 
                             TRANSPORTATION
 
PART 172_HAZARDOUS MATERIALS TABLE, SPECIAL PROVISIONS, HAZARDOUS MATERIALS 
 
      Subpart B_Table of Hazardous Materials and Special Provisions
 
Sec. 172.321  Air eligibility mark.

    (a) General. Except as otherwise specified in this subchapter, each 
person who offers for transportation by aircraft a hazardous material in 
a non-bulk package must mark the package as required by this section to 
indicate that it meets the applicable requirements for air transport. 
The marking is a certification that the person offering the package for 
transportation has determined that it meets the air transport 
requirements of this subchapter; such as, the package is authorized and 
properly marked and labeled, its contents are properly classed and 
within quantity limits for air transport, and it conforms to all 
relevant packaging provisions such as those pertaining to closures, 
compatibility, pressure differential, and use of absorbent materials.
    (b) Location and design. The marking must--
    (1) Be placed adjacent to the markings prescribed in Sec. 
172.301(a);
    (2) Be durable, legible and of a size relative to the package so as 
to be readily visible;
    (3) Include an aircraft within a circle and may include the words 
``Air Eligible'' in conjunction with the mark, such as:
[GRAPHIC] [TIFF OMITTED] TR31JY03.001

    (c) Exceptions from the air eligibility mark. The air eligibility 
mark is not required for--
    (1) Packages that are transported in accordance with the small 
quantity exceptions in Sec. 173.4 of this subchapter;
    (2) Packages that contain solid carbon dioxide (dry ice) and no 
other materials subject to the requirements of this subchapter;
    (3) Except when overpacked, hazardous materials contained in 
articles that are not required to be packaged according to the 
requirements of this subchapter.
    (4) Cylinders, except for those which are required to be overpacked 
or placed in an outer packaging, in which case the overpack or outer 
packaging must be marked with the air eligibility marking; and
    (5) Packages or articles which are excepted from the marking 
requirements of this subchapter (for example, non-spillable batteries, 
vehicles).
    (d) Prohibited display. The air eligibility marking may not appear 
on a package containing a hazardous material which does not meet the 
requirements of this subchapter for air transport.

[[Page 359]]

    (e) Transition Date. Compliance with the requirements of this 
section is not mandatory until October 1, 2006.

[68 FR 45031, July 31, 2003, as amended at 68 FR 57632, Oct. 6, 2003; 69 
FR 20833, Apr. 19, 2004]