[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: 49CFR175.30]

[Page 689-690]
 
                        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. 175.30  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 Sec. 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 Sec. 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

[[Page 690]]

the initial carrier. For all other hazardous materials, each shipping 
paper copy must be retained for 375 days 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 Sec. 172.204 of this 
subchapter.
    (3) Labeled and marked in accordance with subparts D and E of part 
172 or as authorized in Sec. 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 Sec. 172.448 
of this subchapter) if the material as presented is not permitted aboard 
passenger-carrying aircraft.
    (5) Marked with the air eligibility marking in accordance with Sec. 
172.321 of this subchapter, unless excepted from marking.
    (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 Sec. 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, as amended by Amdt. 175-12, 45 
FR 13091, Feb. 28, 1980; Amdt. 175-17, 45 FR 68654, Oct. 11, 1980; Amdt. 
175-25, 47 FR 54822, Dec. 6, 1982; Amdt. 175-34, 50 FR 48420, Nov. 25, 
1985; Amdt. 175-37, 51 FR 5974, Feb. 18, 1986; Amdt. 175-39, 51 FR 
44791, Dec. 12, 1986; Amdt. 175-47, 55 FR 52685, Dec. 21, 1990; 66 FR 
45184, Aug. 28, 2001; 67 FR 46128, July 12, 2002; 67 FR 66574, Nov. 1, 
2002; 68 FR 45038, July 31, 2003]