[Code of Federal Regulations]
[Title 49, Volume 2]
[Revised as of October 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR175.90]

[Page 733-734]
 
                        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 have been 
transported 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 must be 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 
decontaminated, if applicable.
    (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 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 aircraft.
    (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 (infectious 
substance) is found to be damaged or leaking, the person finding the 
package must:
    (1) Avoid handling the package or keep handling to a minimum;
    (2) Inspect packages adjacent to the leaking package for 
contamination and

[[Page 734]]

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. Sec.  171.15 and 
175.31 of this subchapter; and
    (4) Notify the consignor or consignee.