[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: 49CFR175.8]

[Page 724-725]
 
                        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.  175.8  Exceptions for operator equipment and items of replacement.

    (a) Operator equipment. This subchapter does not apply to--
    (1) Aviation fuel and oil in tanks that are in compliance with the 
installation provisions of 14 CFR, chapter 1.
    (2) Hazardous materials required aboard an aircraft in accordance 
with the applicable airworthiness requirements and operating 
regulations. Items of replacement for such materials must be transported 
in accordance with paragraph (a)(3) of this section.
    (3) Items of replacement (company material (COMAT)) for hazardous 
materials described in paragraph (a)(2) of this section must be 
transported in accordance with this subchapter. When an operator 
transports its own replacement items described in paragraph (a)(2), the 
following exceptions apply:
    (i) In place of required packagings, packagings specifically 
designed for the items of replacement may be used, provided such 
packagings provide at least an equivalent level of protection to those 
that would be required by this subchapter.
    (ii) Aircraft batteries are not subject to quantity limitations such 
as those provided in Sec.  172.101 or Sec.  175.75(c) of this 
subchapter.
    (b) Other operator exceptions. This subchapter does not apply to--
    (1) Oxygen, or any hazardous material used for the generation of 
oxygen, for medical use by a passenger, which is furnished by the 
aircraft operator in accordance with 14 CFR 121.574 or 135.91. For the 
purposes of this paragraph, an aircraft operator that does not hold a 
certificate under 14 CFR parts 121 or 135 may apply this exception in 
conformance with 14 CFR 121.574 or 135.91 in the same manner as required 
for a certificate holder. See Sec.  175.501 for additional requirements 
applicable to the stowage of oxygen.
    (2) Dry ice (carbon dioxide, solid) intended for use by the operator 
in food and beverage service aboard the aircraft.
    (3) Alcoholic beverages, perfumes, colognes, and liquefied gas 
lighters carried aboard a passenger-carrying aircraft by the operator 
for use or sale on the aircraft. Liquefied gas lighters must be examined 
by the Bureau of Explosives and approved by the Associate Administrator.
    (4) A tire assembly with a serviceable tire, provided the tire is 
not inflated to a gauge pressure exceeding the maximum rated pressure 
for that tire, and the tire (including valve assemblies) is protected 
from damage during transport. A tire or tire assembly which is 
unserviceable or damaged is forbidden from air transport; however, a 
damaged tire is not subject to the requirements

[[Page 725]]

of this subchapter if it contains no material meeting the definition of 
a hazardous material (e.g., Division 2.2).

[71 FR 14604, Mar. 22, 2006, as amended at 72 FR 55693, Oct. 1, 2007]