[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: 49CFR175.33]

[Page 691-692]
 
                        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. 175.33  Notification of pilot-in-command.

    (a) Except as provided in Sec. 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 Sec. 172.101 of this subchapter or the ICAO Technical 
Instructions (IBR, see Sec. 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 Sec. Sec. 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 Sec. 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 an exemption.
    (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.

[[Page 692]]

    (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, as amended by Amdt. 175-30, 48 
FR 53713, Nov. 29, 1983; Amdt. 175-32, 49 FR 45750, Nov. 20, 1984; Amdt. 
175-35, 50 FR 49394, Dec. 2, 1985; Amdt. 175-45, 55 FR 875, Jan. 10, 
1990; Amdt. 175-47, 55 FR 52685, Dec. 21, 1990; Amdt. 175-52, 59 FR 
67518, Dec. 29, 1994; 66 FR 33437, June 21, 2001; 68 FR 14347, Mar. 25, 
2003; 68 FR 75747, Dec. 31, 2003]