[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: 49CFR175.33]

[Page 730-731]
 
                        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  Shipping paper and notification of pilot-in-command.

    (a) When a hazardous material subject to the provisions of this 
subchapter is carried in an aircraft, a copy of the shipping paper 
required by Sec.  175.30(a)(2) must accompany the shipment it covers 
during transportation aboard the aircraft, and 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. In the case of Class 1 materials, 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 (IBR, see Sec.  171.7 of this 
subchapter), any additional information required to be shown on shipping 
papers by subpart C of part 171 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. For a 
shipment consisting of multiple packages containing hazardous materials 
bearing the same proper shipping name and identification number, only 
the total quantity and an indication of the quantity of the largest and 
smallest package at each loading location need to be provided;
    (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

[[Page 731]]

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 only on cargo 
aircraft 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 a special permit.
    (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--
    (1) Retain a copy of the shipping paper required by Sec.  
175.30(a)(2) or an electronic image thereof, that is accessible at or 
through its principal place of business and must make the shipping paper 
available, upon request, to an authorized official of a federal, state, 
or local government agency at reasonable times and locations. For a 
hazardous waste, each shipping paper copy must be retained for three 
years after the material is accepted by the initial carrier. For all 
other hazardous materials, each shipping paper copy must be retained by 
the operator for one year after the material is accepted by the initial 
carrier. Each shipping paper copy must include the date of acceptance by 
the carrier. The date on the shipping paper may be the date a shipper 
notifies the air carrier that a shipment is ready for transportation, as 
indicated on the air bill or bill of lading, as an alternative to the 
date the shipment is picked up or accepted by the carrier. Only an 
initial carrier must receive and retain a copy of the shipper's 
certification, as required by Sec.  172.204 of this subchapter.
    (2) Retain a copy of each notification of pilot-in-command, an 
electronic image thereof, or the information contained therein for 90 
days at the airport of departure or the operator's principal place of 
business.
    (3) Have the information required to be retained under this 
paragraph readily accessible at the airport of departure and the 
intended airport of arrival for the duration of the flight leg.
    (4) Make available, upon request, to an authorized official of a 
Federal, State, or local government agency (including an emergency 
responders) at reasonable times and locations, the documents or 
information required to be retained by this paragraph.
    (d) The documents required by paragraphs (a) and (b) this section 
may be combined into one document if it is given to the pilot-in-command 
before departure of the aircraft.

[71 FR 14604, Mar. 22, 2006, as amended at 72 FR 25177, May 3, 2007]