[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: 49CFR175.5]



[Page 698]

 

                        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. 175.5  Applicability.



    (a) This part applies to the acceptance for transportation, loading 

and transportation of hazardous materials in any aircraft in the United 

States and in aircraft of United States registry anywhere in air 

commerce. This part does not apply to:

    (1) Aircraft owned and operated by a government when not engaged in 

carrying persons or property for commercial purposes;

    (2) Aircraft which are not owned by a government nor engaged in 

carrying persons or property for commercial purposes but which are under 

the exclusive direction and control of a government for a period of not 

less than 90 days as specified in a written contract or lease. An 

aircraft is under the exclusive direction and control of a government 

when the government exercises responsibility for:

    (i) Approving crew members and determining that they are qualified 

to operate the aircraft;

    (ii) Determining the airworthiness and directing maintenance of the 

aircraft; and

    (iii) Dispatching the aircraft, including the times of departure, 

airports to be used, and type and amount of cargo to be carried;

    (3) Aircraft of United States registry under lease to and operated 

by foreign nationals outside the United States if:

    (i) Hazardous materials forbidden aboard aircraft by Sec. 172.101 

of this subchapter are not carried on the aircraft; and

    (ii) Other hazardous materials are carried in accordance with the 

regulations of the State (nation) of the aircraft operator.



[Amdt. 175-15, 45 FR 35332, May 27, 1980]