[Code of Federal Regulations]

[Title 49, Volume 2]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 49CFR175.30]



[Page 703-704]

 

                        TITLE 49--TRANSPORTATION

 

   CHAPTER I--PIPELINE AND HAZARDOUS MATERIALS SAFETY 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 704]]



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.

    (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; 70 FR 34399, June 14, 2005]