[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: 49CFR175.33]



[Page 705-706]

 

                        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. 175.33  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.

    (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



[[Page 706]]



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]