[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: 49CFR175.90]

[Page 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. 175.90  Damaged shipments.

    (a) Packages or overpacks containing hazardous materials must be 
inspected for damage or leakage after being unloaded from an aircraft. 
When packages or overpacks containing hazardous materials are carried in 
a unit load device, the area where the unit load device was stowed must 
be inspected for evidence of leakage or contamination immediately upon 
removal of the unit load device from the aircraft, and the packages or 
overpacks inspected for evidence of damage or leakage when the unit load 
device is unloaded. In the event of leakage or suspected leakage, the 
compartment in which the package, overpack, or unit load device was 
carried must be inspected for contamination and any dangerous level of 
contamination removed.
    (b) Except as provided in Sec. 175.700, the operator of an aircraft 
must remove from the aircraft any package, baggage or cargo that appears 
to be leaking or contaminated by a hazardous material. In the case of a 
package, baggage or cargo that appears to be leaking, the operator must 
ensure that other packages, baggage or cargo in the same shipment are in 
proper condition for transport aboard the aircraft and that no other 
package, baggage or cargo has been contaminated or is leaking. If an 
operator becomes aware that a package, baggage or cargo not identified 
as containing a hazardous material has been contaminated, or the 
operator has cause to believe that a hazardous material may be the cause 
of the contamination, the operator must take reasonable steps to 
identify the nature and source of contamination before proceeding with 
the loading of the contaminated baggage or cargo. If the contaminating 
substance is found or suspected to be a hazardous material, the operator 
must isolate the package, baggage or cargo and take appropriate steps to 
eliminate any identified hazard before continuing the transportation of 
the item by air.
    (c) No person may place aboard an aircraft, a package, baggage or 
cargo that is contaminated with a hazardous material or appears to be 
leaking.
    (d) If a package containing a material in Division 6.2 (etiologic or 
infectious substance) is found to be damaged or leaking, the person 
finding the package shall:
    (1) Avoid handling the package or keep handling to a minimum;
    (2) Inspect packages adjacent to the leaking package for 
contamination and withhold from further transportation any contaminated 
packages until it is ascertained that they can be safely transported;
    (3) Comply with the reporting requirement of Sec. 171.15 of this 
subchapter; and
    (4) Notify the consignor or consignee.

[Amdt. 175-25, 47 FR 54824, Dec. 6, 1982, as amended by Amdt. 175-47, 55 
FR 52685, Dec. 21, 1990; 66 FR 45184, Aug. 28, 2001; 68 FR 45038, July 
31, 2003]