[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: 49CFR175.90]



[Page 710]

 

                        TITLE 49--TRANSPORTATION

 

   CHAPTER I--PIPELINE AND HAZARDOUS MATERIALS SAFETY 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]