[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: 49CFR175.85]

[Page 694-696]
 
                        TITLE 49--TRANSPORTATION
 
 CHAPTER I--RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION, DEPARTMENT OF 
                             TRANSPORTATION
 
PART 175_CARRIAGE BY AIRCRAFT--Table of Contents
 
                Subpart B_Loading, Unloading and Handling
 
Sec. 175.85  Cargo location.

    (a) Except as provided in Sec. 175.10, no person may carry a 
hazardous material subject to the requirements of this subchapter in the 
cabin of a passenger-carrying aircraft or on the flight deck of any 
aircraft. Hazardous materials may be carried in a main deck cargo 
compartment of a passenger aircraft provided that the compartment is 
inaccessible to passengers and that it meets all certification 
requirements for a Class B aircraft cargo compartment in 14 CFR 
25.857(b) or for a Class C aircraft cargo compartment in 14 CFR 
25.857(c).
    (b) Each package containing a hazardous material acceptable only for 
cargo aircraft must be loaded in such a manner that a crew member or 
other authorized person can see, handle and when size and weight permit, 
separate such packages from other cargo during flight.
    (c) Notwithstanding the provisions of paragraph (b) of this section:
    (1) When packages of the following hazardous materials are carried 
on cargo aircraft only, they may be carried in a location which is 
inaccessible to a crewmember during flight and are not subject to the 
weight limitation specified in paragraph (a)(2) of Sec. 175.75 of this 
subchapter.
    (i) Class 7 (radioactive) materials,
    (ii) Division 6.1 (poisonous) materials (except those labeled 
FLAMMABLE),
    (iii) Materials in Division 6.2 (etiologic or infectious 
substances),
    (iv) Class 3 (flammable liquid) materials with a flash point above 
23 [deg]C (73 [deg]F) that do not meet the definition of another 
hazardous class,
    (v) Class 9 (miscellaneous hazardous) materials, and ORM-D 
materials.
    (2) When packages of hazardous materials acceptable for cargo-only 
or

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passenger-carrying aircraft are carried on cargo aircraft only where 
other means of transportation are impracticable or not available, 
packages may be carried in accordance with procedures approved in 
writing by the FAA Air Transportation Security Field Office responsible 
for the operator's overall aviation security program or the FAA Air 
Transportation Security Division in the region where the operator is 
located.
    (3) When packages of hazardous materials acceptable for cargo-only 
or passenger-carrying aircraft are carried on small, single pilot, cargo 
aircraft only being used where other means of transportation are 
impracticable or not available, they may be carried without quantity 
limitation as specified in Sec. 175.75 in a location that is not 
accessible to the pilot if:
    (i) No person other than the pilot, 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 is carried on the aircraft;
    (ii) The pilot is provided with written instructions on 
characteristics and proper handling of the materials; and
    (iii) Whenever a change of pilots occurs while the material is on 
board, the new pilot is briefed under a hand-to-hand signature service 
provided by the operator of the aircraft.
    (d) [Reserved]
    (e) No person may carry a material subject to the requirements of 
this subchapter that is acceptable for carriage in a passenger-carrying 
aircraft (other than magnetized materials) unless it is located in the 
aircraft in a place that is inaccessible to persons other than crew-
members.
    (f) Paragraphs (a) and (e) of this section do not apply to a person 
operating an aircraft under Sec. 175.310 which, because of its size and 
configuration, makes it impossible for that person to comply.
    (g) No person may load magnetized material (which might cause an 
erroneous magnetic compass reading) on an aircraft, in the vicinity of a 
magnetic compass, or compass master unit, that is a part of the 
instrument equipment of the aircraft, in a manner that affects its 
operation. If this requirement cannot be met, a special aircraft swing 
and compass calibration may be made.
    (h) Compressed oxygen, when properly labeled Oxidizer or Oxygen, may 
be loaded and transported as provided in paragraph (i) of this section. 
No person may load or transport any other package containing a hazardous 
material for which an OXIDIZER label is required under this subchapter 
in an inaccessible cargo compartment that does not have a fire or smoke 
detection system and a fire suppression system.
    (i) In addition to the quantity limitations prescribed in Sec. 
175.75, cylinders of compressed oxygen must be stowed in accordance with 
the following:
    (1) No more than a combined total of six cylinders of compressed 
oxygen may be stowed on an aircraft in the inaccessible aircraft cargo 
compartment(s) that do not have fire or smoke detection systems and fire 
suppression systems.
    (2) When loaded into a passenger-carrying aircraft or in an 
inaccessible cargo location on a cargo-only aircraft, cylinders of 
compressed oxygen must be stowed horizontally on the floor or as close 
as practicable to the floor of the cargo compartment or unit load 
device. This provision does not apply to cylinders stowed in the cabin 
of the aircraft in accordance with Sec. 175.10(b).
    (3) When transported in a Class B aircraft cargo compartment (see 14 
CFR 25.857(b)) or its equivalent (i.e., an accessible cargo compartment 
equipped with a fire or smoke detection system but not a fire 
suppression system), cylinders of compressed oxygen must be loaded in a 
manner that a crew member can see, handle and, when size and weight 
permit, separate the cylinders from other cargo during flight. No more 
than six cylinders of compressed oxygen and, in addition, one cylinder 
of medical-use compressed oxygen per passenger needing oxygen at 
destination--with a rated capacity of 850 L (30 cubic feet) or less of 
oxygen--may be carried in a Class B aircraft cargo compartment or its 
equivalent.

[Amdt. 175-1, 41 FR 16106, Apr. 15, 1976]

    Editorial Note: For Federal Register citations affecting Sec. 
175.85, see the List of CFR

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Sections Affected which appears in the Finding Aids section of the 
printed volume and on GPO Access.