[Code of Federal Regulations]
[Title 49, Volume 2]
[Revised as of October 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR175.310]

[Page 736-738]
 
                        TITLE 49--TRANSPORTATION
 
   CHAPTER I--PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION, 
                      DEPARTMENT OF TRANSPORTATION
 
PART 175_CARRIAGE BY AIRCRAFT--Table of Contents
 
Subpart C_Specific Regulations Applicable According to Classification of 
                                Material
 
Sec.  175.310  Transportation of flammable liquid fuel; aircraft only 
means of transportation.


    (a) When other means of transportation are impracticable, flammable 
liquid fuels may be carried on certain passenger and cargo aircraft as 
provided in this section, without regard to the packaging references and 
quantity limits listed in Columns 7, 8 and 9 of the Sec.  172.101 
Hazardous Materials Table. All requirements of this subchapter that are 
not specifically covered in this section continue to apply to shipments 
made under the provisions of this section. For purposes of this section 
``impracticable'' means transportation is not physically possible or 
cannot be performed by routine and frequent means of other 
transportation, due to extenuating circumstances. Extenuating 
circumstances include: conditions precluding highway or water 
transportation, such as a frozen vessel route; road closures due to 
catastrophic weather or volcanic activity; or a declared state of 
emergency. The desire for expedience of a shipper, carrier, or 
consignor, is not relevant in determining whether other means of 
transportation are impracticable. The stowage requirements of Sec.  
175.75(a) do not apply to a person operating an aircraft under the 
provisions of this section which, because of its size and configuration, 
makes it impossible to comply.
    (b) A small passenger-carrying aircraft operated entirely within the 
State of Alaska or into a remote area, in other than scheduled passenger 
operations, may carry up to 76 L (20 gallons) of flammable liquid fuel 
(in Packing Group II or Packing Group III), when:
    (1) The flight is necessary to meet the needs of a passenger; and
    (2) The fuel is carried in one of the following types of containers:
    (i) Strong tight metal containers of not more than 20 L (5.3 
gallons) capacity, each packed inside a UN 4G fiberboard box, at the 
Packing Group II performance level, or each packed inside a UN 4C1 
wooden box, at the Packing Group II performance level;
    (ii) Airtight, leakproof, inside containers of not more than 40 L 
(11 gallons) capacity and of at least 28-gauge metal, each packed inside 
a UN 4C1 wooden box, at the Packing Group II performance level;
    (iii) UN 1A1 steel drums, at the Packing Group I or II performance 
level, of not more than 20 L (5.3 gallons) capacity; or
    (iv) In fuel tanks attached to flammable liquid fuel powered 
equipment under the following conditions:
    (A) Each piece of equipment is secured in an upright position;
    (B) Each fuel tank is filled in a manner that will preclude spillage 
of fuel during loading, unloading, and transportation; and
    (C) Fueling and refueling of the equipment is prohibited in or on 
the aircraft.

[[Page 737]]

    (3) In the case of a passenger-carrying helicopter, the fuel or 
fueled equipment must be carried on external cargo racks or slings.
    (c) Flammable liquid fuels may be carried on a cargo aircraft, 
subject to the following conditions:
    (1)(i) The flammable liquid fuel is in Packing Group II or Packing 
Group III except as indicated in paragraph (c)(1)(iv) of this section;
    (ii) The fuel is carried in packagings authorized in paragraph (b) 
of this section;
    (iii) The fuel is carried in metal drums (UN 1A1, 1B1, 1N1) 
authorized for Packing Group I or Packing Group II liquid hazardous 
materials and having rated capacities of 220 L (58 gallons) or less. 
These single packagings may not be transported in the same aircraft with 
Class 1, Class 5, or Class 8 materials.
    (iv) Combustible and flammable liquid fuels (including those in 
Packing Group I) may be carried in installed aircraft tanks each having 
a capacity of more than 450 L (118.9 gallons), subject to the following 
additional conditions:
    (A) The tanks and their associated piping and equipment and the 
installation thereof must have been approved for the material to be 
transported by the appropriate FAA Flight Standards District Office.
    (B) In the case of an aircraft being operated by a certificate 
holder, the operator shall list the aircraft and the approval 
information in its operating specifications. If the aircraft is being 
operated by other than a certificate holder, a copy of the FAA Flight 
Standards District Office approval required by this section must be 
carried on the aircraft.
    (C) The crew of the aircraft must be thoroughly briefed on the 
operation of the particular bulk tank system being used.
    (D) During loading and unloading and thereafter until any remaining 
fumes within the aircraft are dissipated:
    (1) Only those electrically operated bulk tank shutoff valves that 
have been approved under a supplemental type certificate may be 
electrically operated.
    (2) No engine or electrical equipment, avionic equipment, or 
auxiliary power units may be operated, except position lights in the 
steady position and equipment required by approved loading or unloading 
procedures, as set forth in the operator's operations manual, or for 
operators that are not certificate holders, as set forth in a written 
statement.
    (3) Static ground wires must be connected between the storage tank 
or fueler and the aircraft, and between the aircraft and a positive 
ground device.
    (2) [Reserved]
    (d) The following restrictions apply to loading, handling, or 
carrying fuel under the provisions of this section:
    (1) During loading and unloading, no person may smoke, carry a 
lighted cigarette, cigar, or pipe, or operate any device capable of 
causing an open flame or spark within 15 m (50 feet) of the aircraft.
    (2) No person may fill a container, other than an approved bulk 
tank, with a Class 3 material or combustible liquid or discharge a Class 
3 material or combustible liquid from a container, other than an 
approved bulk tank, while that container is inside or within 15 m (50 
feet) of the aircraft.
    (3) When filling an approved bulk tank by hose from inside the 
aircraft, the doors and hatches of the aircraft must be fully open to 
insure proper ventilation.
    (4) Each area or compartment in which the fuel is loaded is suitably 
ventilated to prevent the accumulation of fuel vapors.
    (5) Fuel is transferred to the aircraft fuel tanks only while the 
aircraft is on the ground.
    (6) Before each flight, the pilot-in-command:
    (i) Prohibits smoking, lighting matches, the carrying of any lighted 
cigar, pipe, cigarette or flame, and the use of anything that might 
cause an open flame or spark, while in flight; and
    (ii) For passenger aircraft, informs each passenger of the location 
of the fuel and the hazards involved.
    (e) Operators must comply with the following:
    (1) If the aircraft is being operated by a holder of a certificate 
issued under 14

[[Page 738]]

CFR part 121 or part 135, operations must be conducted in accordance 
with conditions and limitations specified in the certificate holder's 
operations specifications or operations manual accepted by the FAA. If 
the aircraft is being operated under 14 CFR part 91, operations must be 
conducted in accordance with an operations plan accepted and 
acknowledged in writing by the FAA Principal Operations Inspector 
assigned to the operator.
    (2) The aircraft and the loading arrangement to be used must be 
approved for the safe carriage of the particular materials concerned by 
the FAA Principal Operations Inspector assigned to the operator.