[Federal Register Volume 69, Number 217 (Wednesday, November 10, 2004)]
[Proposed Rules]
[Pages 65294-65321]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-24376]



[[Page 65293]]

-----------------------------------------------------------------------

Part III





Department of Transportation





-----------------------------------------------------------------------



Research and Special Programs Administration



-----------------------------------------------------------------------



49 CFR Parts 171, 172, 173, and 175



Hazardous Materials: Revision of Requirements for Carriage by Aircraft; 
Proposed Rule

Federal Register / Vol. 69, No. 217 / Wednesday, November 10, 2004 / 
Proposed Rules

[[Page 65294]]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Research and Special Programs Administration

49 CFR Parts 171, 172, 173 and 175

[Docket No. RSPA-02-11654 (HM-228)]
RIN 2137-AD18


Hazardous Materials: Revision of Requirements for Carriage by 
Aircraft

AGENCY: Research and Special Programs Administration (RSPA), Department 
of Transportation (DOT).

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: RSPA is proposing changes to the requirements in the Hazardous 
Materials Regulations (HMR) for the transportation of hazardous 
materials by aircraft. These proposed changes include clarifying the 
applicability of part 175; excepting cargo aircraft from the quantity 
limits in Sec.  175.75; reformatting the exceptions in Sec.  175.10 
into three sections based on applicability; and providing new 
separation distances for the shipment of radioactive materials by cargo 
aircraft. These changes are being proposed in order to clarify 
requirements to promote safer transportation practices; promote 
compliance and enforcement; eliminate unnecessary regulatory 
requirements; convert certain exemptions into regulations of general 
applicability; finalize outstanding petitions for rulemaking; 
facilitate international commerce; and make these requirements easier 
to understand.

DATES: Comments must be received by January 31, 2005.

ADDRESSES: You may submit comments identified by any of the following 
methods:

--Web Site: http://dms.dot.gov. Follow the instructions for submitting 
comments on the DOT electronic docket site.
--Fax: 1-202-493-2251.
--Mail: Docket Management System: U.S. Department of Transportation, 
400 Seventh Street, SW., Nassif Building, Room PL-401, Washington, DC 
20590-001.
--Hand Delivery: To the Docket Management System; Room PL-401 on the 
plaza level of the Nassif Building, 400 Seventh Street, SW., 
Washington, DC between 9 a.m. and 5 p.m., Monday through Friday, except 
Federal holidays.
--http://www.Regulations.gov.

    Instructions: You must include the agency name and docket number 
(RSPA-02-11654 (HM-228)) or the Regulatory Identification Number (RIN) 
for this notice at the beginning of your comment. You should identify 
the docket number RSPA-02-11654 (HM-228) at the beginning of your 
comments. You should submit two copies of your comments, if you submit 
them by mail. If you wish to receive confirmation that RSPA received 
your comments, you should include a self-addressed stamped postcard. 
Internet users may submit comments at http://www.Regulations.gov and 
may access all comments received by DOT at http://dms.dot.gov. Note 
that all comments received will be posted without change to http://dms.dot.gov including any personal information provided. Please see the 
Privacy Act section of this document.
    Docket: You may view the public docket through the Internet at 
http://dms.dot.gov or in person at the Docket Management System office 
at the above address.

FOR FURTHER INFORMATION CONTACT: Deborah Boothe, Office of Hazardous 
Materials Standards, (202) 366-8553, Research and Special Programs 
Administration, U.S. Department of Transportation, 400 Seventh Street 
SW., Washington, DC 20590.

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. Background
II. Section-by-Section Review of Part 175
III. Miscellaneous Proposals to the HMR
IV. Rulemaking Analysis and Notices

I. Background

    The HMR (49 CFR parts 171-180) govern the transportation of 
hazardous materials in commerce by all modes of transportation, 
including aircraft (49 CFR 171.1. parts 172 and 173 of the HMR include 
requirements for classification and packaging of hazardous materials, 
hazard communication, and training of employees who perform functions 
subject to the requirements in the HMR. Part 175 contains additional 
requirements applicable to aircraft operators transporting hazardous 
materials aboard an aircraft, and authorizes passengers and crew 
members to carry hazardous materials on board an aircraft under certain 
conditions. In addition, aircraft operators must comply with the 
training requirements in 14 CFR parts 121 or 135, as appropriate.
    RSPA (``we'' or ``our'') and the Federal Aviation Administration 
(FAA) are proposing amendments to part 175 and other sections of the 
HMR applicable to transportation of hazardous materials by aircraft. 
These amendments will increase safety in the air transportation of 
hazardous materials by:
    (1) Modifying or clarifying requirements to promote compliance and 
enforcement;
    (2) Eliminating unnecessary regulatory requirements;
    (3) Adopting current exemptions and outstanding petitions for 
rulemaking;
    (4) Facilitating international commerce; and
    (5) Making the regulations easier to understand.
    On February 26, 2002, RSPA published an advance notice of proposed 
rulemaking (``ANPRM''; 67 FR 8769) inviting public comments on how to 
accomplish the goals of this rulemaking. This provided an opportunity 
for comment on amendments that RSPA is considering and a forum for the 
public to present additional ideas for improving the safe 
transportation of hazardous materials by aircraft. We received 26 
comments addressing the various issues in the ANPRM from the Air Line 
Pilots Association, International (ALPA), individual air carriers, and 
others involved in the transportation of hazardous materials by 
aircraft. Most commenters were supportive of RSPA's efforts to simplify 
and revise part 175 in order to clarify some issues in the industry and 
make the part more user friendly. Some comments received were beyond 
the scope of this rulemaking and, therefore, are not specifically 
addressed by RSPA in the comment summary below. Comments concerning the 
International Civil Aviation Organization's (ICAO) Technical 
Instructions (TI) for the Safe Transport of Dangerous Goods by Air will 
be addressed in another docket (Docket HM-215F) which is reviewing 
Sec. Sec.  171.11, 171.12. and 171.12a. In addition, comments related 
to reducing the number of undeclared shipments of hazardous materials 
by passengers and cargo shippers will be used by RSPA and FAA as we 
continue to work with the airline industry and others on regulatory and 
non-regulatory initiatives to increase public awareness through 
outreach and education efforts.

II. Section-by-Section Review of Part 175

Sections 175.1 and 175.5 Purpose, Scope and Applicability

    Part 175 of the HMR prescribes requirements for aircraft operators 
transporting hazardous materials aboard aircraft that are in addition 
to those contained in parts 171, 172, and 173 (Sec.  175.1). Part 175 
applies to the

[[Page 65295]]

acceptance for transportation, loading, and transportation of hazardous 
materials in any aircraft in the United States, and in aircraft of 
United States registry anywhere in air commerce (Sec.  175.5). Part 175 
includes exceptions from the requirements of the HMR for those aircraft 
under the direct, exclusive control of a government and not used for 
commercial purposes (Sec.  175.5).
    Three commenters offered suggestions with regard to clarification 
of the applicability of part 175. All three suggested that we clarify 
in Sec.  175.1 that part 175 applies to all persons who perform 
acceptance functions, including indirect air carriers.
    We believe there is some confusion over the applicability of the 
HMR, specifically, part 175 to persons who are not air carriers, such 
as freight forwarders. Although the language of Sec.  175.1 refers to 
aircraft operators, part 175 also applies to persons who are not direct 
air carriers but perform the same functions. Such persons include: 
persons who accept packages for air commerce; ground handling crews; 
contracted employees; air freight forwarders; and subsidiary companies 
formed by aircraft operators that perform pallet building and handle, 
load, and unload hazardous materials in air commerce.
    Currently, some packaging, shipping, and freight forwarding 
facilities erroneously believe they are not subject to the requirements 
of the HMR, in particular Sec.  175.26, because they are not air 
carriers. The HMR require each person who accepts or transports 
packages for transportation by air to display notification signs. 
Packaging, shipping, and freight forwarding facilities are not excepted 
from Sec.  175.26, because they are performing carrier functions when 
they accept packages on a carrier's behalf. Therefore, in this 
rulemaking we are proposing to clarify that the requirements of the HMR 
apply to those persons who offer, accept, or transport hazardous 
materials in commerce by aircraft to, from, or within the United 
States. In addition, we are modifying Sec.  175.1 to clarify that part 
175 applies to any person who performs, attempts to perform, or is 
required to perform any function subject to this subchapter, 
including--
    (1) Air carriers, indirect air carriers, and freight forwarders and 
their flight and non-fight employees, agents, subsidiary and contract 
personnel (including cargo, passenger and baggage acceptance, handling, 
loading and unloading personnel); and
    (2) Air passengers that carry any hazardous material on their 
person or in their carry-on or checked baggage.
    For purposes of clarity we are proposing to move the relevant 
paragraph of Sec.  175.5 to Sec.  175.1 or Sec.  173.3 (see preamble 
discussion of Sec.  173.3). We are also proposing to remove unnecessary 
provisions of Sec.  175.5, such as Sec.  175.5(a)(1).

Section 175.3 Unacceptable Hazardous Materials Shipments

    No amendments are proposed for this section.

Section 175.10 Exceptions

    Section 175.10(a)(2) excepts from the HMR certain hazardous 
materials required to be aboard an aircraft in accordance with 
applicable airworthiness requirements and operating instructions. 
However, items of replacement for such materials and other company 
materials (COMAT) of an airline that are hazardous materials must be 
properly classed, described, marked, labeled, packaged, handled, 
stored, and secured in accordance with the HMR. These requirements are 
discussed in an advisory notice on COMAT published on December 13, 1996 
(61 FR 65479).
    The HMR provide the following limited exceptions for COMAT: (1) 
Items of replacement for installed equipment containing hazardous 
materials are excepted from the packaging requirements of the HMR if 
they are contained in specialized packaging providing at least an 
equivalent level of protection to that of the required packaging; (2) 
aircraft batteries are excepted from the quantity limitations in 
Sec. Sec.  172.101 and 175.75(a); and (3) an aircraft tire assembly is 
not subject to the HMR if it is not inflated to a gauge pressure 
exceeding the maximum rated pressure for the tire. Other hazardous 
materials such as paint, chemicals for corrosion removal, automotive 
batteries, wastes, and engine-powered ground equipment containing fuels 
do not qualify for this limited relief.
    Section 175.10 also provides limited exceptions for the 
transportation of: (1) Certain personal items of passengers or crew 
members that are hazardous materials, such as toiletries, alcoholic 
beverages, and medicinal items; and (2) certain hazardous materials for 
special aircraft operations, such as avalanche control flights, aerial 
applications, and sport parachute jumping.
    In its comments to the ANPRM, ALPA stated that reorganizing Sec.  
175.10 into three sections, applicable to passengers and crewmembers, 
COMAT, and special operations respectively, would produce better 
organization than the current format and be more user friendly. In 
addition, ALPA stated that the exceptions, including those applicable 
to persons with medical conditions, should remain in Sec.  175.10. ALPA 
also stated that more specific wording should be added prohibiting 
carriage of another carrier's COMAT.
    In general, ALPA stated that COMAT should only be carried to 
facilitate repair or dispatch of an ``aircraft-on-ground.'' According 
to ALPA, it is common practice for an airline to pre-position oxygen 
bottles, aircraft batteries, and tires at outlying stations. ALPA 
stated that all these types of items could be pre-positioned by way of 
surface transportation domestically and pre-positioned as declared 
hazardous material on an all-cargo aircraft, if required, 
internationally.
    ATA did not oppose reorganizing Sec.  175.10, but, stated that the 
``ATA member air carriers are familiar with the application of Sec.  
175.10 as it now stands.'' ATA stated it did not see the need to remove 
any of the exceptions applicable to persons with medical conditions 
from Sec.  175.10 and place them into another part of the HMR.
    In reference to the COMAT exceptions, ATA commented that 
clarification would be helpful. ATA stated that ``regarding the few 
exceptions applying to the operators materials and the aircraft-on-the 
ground (AOG) question, DOT must realize that there is no possible way 
for individual airlines to manage a COMAT program if the exceptions 
apply to only AOG shipments. The few COMAT exceptions that exist should 
apply to the operator's property at any time and place. The few 
exceptions are helpful in the operation of an airline in situations 
other than AGO.''
    ATA commented that RSPA should provide additional exceptions in 
Sec.  175.10 for personal monitors and devices, but questioned RSPA's 
ability to keep current with new technology changes and maintain a 
large list of such items. ATA stated that ``the entire list should be 
reviewed and such issues as the number of CO<INF>2</INF> cartridges in 
a life jacket should be harmonized. (e.g., ICAO permits two spare 
cartridges, 49 CFR permits one spare cartridge), etc. It would be 
helpful if the lists could be compared and matched.''
    ATA also stated that hazardous materials for emergency response 
situations should not be excepted from the HMR, and that the current 
exemption process is appropriate and adequate. ATA stated that, ``we 
suggest that there could be unforseen safety implications should 
certain considerations be made for emergency response that takes 
decisionmaking out

[[Page 65296]]

of the hands of DOT-RSPA. An exemption must come from DOT-RSPA.'' ATA 
commented that only provisions on aircraft airworthiness should require 
FAA approval.
    The Regional Airlines Association (RAA) recommended that we 
relocate all ``excepted hazmat'' to a single, easily referenced 
section. According to RAA, present exceptions are located throughout 
the subchapter, e.g., inconsistent exceptions for the air mode exist in 
Sec.  175.10 and also in Sec.  173.307. It recommended RSPA develop 
this new ``excepted hazmat'' section with no other exceptions included 
in this new section, divided by modes, e.g., ``Excepted Hazmat: All 
modes.'' RAA stated that this approach will also achieve better 
consistency regarding exceptions in the HMR.
    RAA also stated that the Sec.  175.10(a)(5) reference to 14 CFR 108 
is obsolete and should be updated. In addition, RAA recommended that 
RSPA ``create within part 175, a dedicated subpart containing only the 
requirements (or with very limited references to other locations) for 
``R & R (recognition and refusal) only'' air operations, those choosing 
not to transport regulated hazmat. A & C (acceptance and carriage) 
operators may need to refer to this subpart for certain rules (e.g., 
discrepancy reporting, training, etc.).'' RAA states that this is 
necessary because, ``it is extremely difficult to extract from part 175 
the requirements that apply to R & R carriage.''
    RAA also recommended that RSPA expand the COMAT exception for ``R & 
R'' carriers to include small quantity hazardous material COMAT ``items 
used for repair,'' e.g., bonding and sealant kits, as well as certain 
items presently allowed in the passenger cabin. RAA stated that this is 
necessary because ``R & R carriers presently can ship only a very 
limited number of hazmat COMAT.'' RAA stated that operators should be 
permitted to carry items considered hazardous materials, in limited 
quantities, as passengers and crewmembers do, e.g., toiletries, 
alcohol, etc. that are hazardous due to their flammable properties. RAA 
stated that unlike these items referenced, the COMAT is already 
properly packaged and unopened. According to RAA, ``This one change and 
clarification of the Sec.  175.10 exceptions would save carriers 
hundreds of thousands of dollars in labor, transportation costs, AOG 
aircraft and lost revenues with only an insignificant increase in risk. 
For example, the transportation costs and time needed to transport 
small items used for minor aircraft repairs is extremely costly for R & 
R carriers. Often these kits consist only of a 1-2 oz individually 
sealed tube within a prefabricated kit. The mechanic would fly to the 
station on the carrier's aircraft but his/her repair kit cannot. 
Consequently, an air carrier's mechanic often takes lengthy `road 
trips' to simply transport the needed repair kits.''
    RAA also recommended RSPA remove all rules related to ``aerial work 
operations'' and relocate them to one specific subpart (perhaps a 
revised subpart C, titled ``Special Air Transport Exceptions and Rules, 
and Aerial Work Operations Involving Hazardous Materials'') stating 
that ``most readers of part 175 do not need to read thru the `clutter' 
of portions of part 175 including: Sec.  175.10(a)(3), (9), (11), and 
(12), and Sec.  175.85 (c)(2) and (3).''
    Federal Express (FedEx) commented that it understands the 
exceptions, including COMAT, as written. However, it indicated that 
clarification would be helpful regarding COMAT in order to prevent 
another carrier's materials from being transported on its aircraft as 
hazardous materials.
    FedEx commented that the authority to transport hazardous materials 
for emergency response situations where the possibility of imminent 
loss of life or property exists should be granted only through an 
exemption issued by DOT and not by an exception in the HMR. FedEx 
recommended that, in the absence of an exemption, the material be 
shipped fully regulated.
    United Parcel Service (UPS) commented regarding revising the 
approval provisions in part 175, stating, ``RSPA may consider revising 
49 CFR 175.10(a)(12)(vi), 175.31(a), and 175.85(c)(2) to recognize the 
integration of the FAA's Civil Aviation Security Organization into the 
newly formed Transportation Security Agency (TSA). These provisions of 
the HMR require persons to make certain communications to FAA Civil 
Aviation or Air Transportation Security Field Offices. In light of the 
TSA integration, UPS is uncertain as to whether such Security Field 
Offices still exist.''
    UPS commented that RSPA should reorganize Sec.  175.10 into three 
sections based on their applicability. UPS does not agree with applying 
the COMAT exception to the transportation of only those materials 
intended for aircraft-on-ground. UPS stated:

There is no safety justification or other compelling basis for 
limiting the COMAT exception to the transportation of COMAT intended 
for aircraft-on-ground. Section 175.10(a)(2) is narrowly drafted to 
provide an exception solely for (i) hazardous materials required to 
be carried aboard an aircraft, and (ii) items of replacement for 
such hazardous materials. This narrow exception provides a more than 
adequate margin of safety. RSPA fails to cite any incidents directly 
resulting from the transportation of COMAT not intended for an 
aircraft-on-ground. Without an articulated reason for why a drastic 
limitation of the HMR's COMAT provisions would promote safe air 
transportation, RSPA should not revise Sec.  175.10(a)(2).

    Southwest Airlines commented on the exceptions in Sec.  175.10, 
stating that ``the personal smoking material exception in Sec.  
175.10(a)(10) is often confusing. While safety matches or a lighter are 
allowed on one's person, air carriers are often left with the decision 
on how many lighters or safety matches to allow each customer to carry. 
A regulatory published limit on the number of lighters and/or safety 
matches allowed on one's person would greatly help consistency among 
carriers and the Transportation Security Administration (TSA).''
    Southwest Airlines also stated, ``when transporting ammunition 
under the exception in Sec.  175.10(a)(5), it would be helpful (if this 
is the intent) to add a sentence that states (as provided in Sec.  
176.63 for OMR-D) that magazines or clips must have the primers (firing 
mechanism) protected from accidental initiation.'' Southwest Airlines 
also indicated that it attempted to identify mechanical limbs operated 
by carbon dioxide cartridges (Sec.  175.10(a)(18)), for purposes of 
training staff, and were unsuccessful in identifying any currently on 
the market. Therefore, there may be no need to specify this exception 
if technology is not currently available.
    Southwest stated that the exception in Sec.  175.10(a)(25) for 
carbon dioxide cylinders when used in a self-inflating life vest, is 
inconsistent with the allowable quantities of two small cylinders plus 
two spares in the international rules, and that consistency is needed 
between the two sets of regulations. Southwest stated that in addition, 
the exception for carbon dioxide, solid (dry ice) should be reviewed 
and compared with the simplified version in the IATA Dangerous Goods 
Regulations that limits dry ice to 4.4 pounds in checked or carry on 
baggage.
    Southwest Airlines also indicated that a reference to the 
diagnostic specimen exception would be helpful in clarifying the intent 
of Sec.  173.199 provisions with shippers and carrier employees. In 
addition, Southwest Airlines indicated that no current exception exists 
for units that previously contained fuel, e.g., camp stoves and 
internal combustion engines, and suggested regulations be reviewed to 
determine if an exception

[[Page 65297]]

could be provided for such units that have been emptied.
    Southwest Airlines stated that, ``Keeping the exceptions 
[applicable to persons with medical conditions] together simplifies the 
use of the regulations and maintains consistency. Every change requires 
updating of manuals and training material to accommodate the transition 
of information. Change should be substantive.'' With regard to 
providing additional exceptions for personal monitors and devices such 
as apnea and heart monitors, nebulizers, and nerve stimulators, 
Southwest stated, ``Any exceptions that provide consistency with both 
the HMR and the ACAA (14 CFR 382) are welcome. The difficulty will be 
wording the exception in a manner that is general enough to meet the 
changing technologies in the medical equipment field.''
    Airborne Express indicated that it does understand that the COMAT 
exception does not apply to the transportation of another air carrier's 
material; however, it believed that a clarification would be helpful. 
Whether the COMAT exception should apply only to the transportation of 
those materials intended for an aircraft-on-ground (AOG), Airborne 
Express stated, ``DOT must realize that there is no good way to manage 
a COMAT program if the exceptions apply only to AOG shipments. The few 
COMAT exceptions that exist should apply to the operator's property at 
any time and place. The few exceptions are helpful in the operation of 
an airline in situations other than AOG.'' Airborne Express indicated 
that the current exemption process regarding hazardous materials for 
emergency response situations is appropriate and adequate as it is 
applied today.
    The United States Parachute Association (USPA) supports the 
retention of exceptions for skydiving activities in Sec.  175.10, or a 
new section, which allows ``smoke grenades, flares, or similar 
devices'' when carried only for skydiving purposes. USPA stated that 
for consistency with other Federal regulations, the term ``sport 
parachute jumping activity'' should be replaced by the term ``parachute 
operation,'' which was incorporated in 14 CFR part 105. Additionally, 
USPA proposed the inclusion of other devices often used, and in some 
cases required by the FAA and/or USPA, for skydiving safety. These 
devices include items such as light systems, oxygen bottle (bailout 
bottle), floatation device, and an automatic activation device. USPA 
recommended Sec.  175.10(a)(9) be written as follows: ``lights, oxygen 
bottles, floatation devices, automatic activation devices, smoke 
grenades, flares, or similar devices carried only for use during a 
parachute operation.''
    Several commenters expressed concern on the proposal to remove or 
revise exceptions in Sec.  175.10 on personal items, medicines, 
perfumes, and alcoholic beverages transported on aircraft by passengers 
or crew members and requested that the exceptions be maintained in 
Sec.  175.10 as currently written. Commenters believed that any such 
revisions would not enhance air transportation safety and would create 
inconsistencies between the HMR and ICAO TI. Commenters included: 
Dangerous Goods Advisory Council (DGAC), Distilled Spirits Council of 
the United States (DISCUS), Association of Hazmat Shippers (AHS), 
International Association of Airport Duty Free Stores (IAADFS), 
Inflight Sales Group, Inc. (ISG), and the Cosmetic, Toiletry, and 
Fragrance Association (CTFA).
    The American Chemistry Council (ACC) stated that Sec.  175.10 
should be reorganized into three sections applicable to passengers and 
crewmembers, COMAT, and special operations. In addition, ACC stated, 
``Passengers are shippers who are not directly under the control of the 
carrier prior to boarding the aircraft. However, while on the aircraft, 
passengers must be monitored by the carrier.'' ACC stated that, if 
Sec.  175.10 is reorganized, reference to persons with medical 
conditions should remain in this section.
    ACC stated that an exception to the HMR should be provided for 
hazardous materials necessary for emergency response situations where 
there is a possibility of imminent loss of life or property. ACC stated 
this exception should be limited to chartered aircraft taking part in 
the incident response. ACC stated, ``Applying this limitation to the 
exception along with, using ``authorized'' packaging for these 
materials, will enhance safety by limiting public access to these 
flights.''
    Based on the comments received, we are proposing to divide the 
current exceptions in Sec.  175.10 into three different sections: Sec.  
175.8, 175.9, and 175.10. Each section will cover a category of 
exceptions. Section 175.8 will cover operator equipment and supplies 
(including COMAT); Sec.  175.9 will cover special aircraft operations 
(crop-dusting, parachuting, etc.); and Sec.  175.10 will cover 
exceptions for passengers and crewmembers. We believe that categorizing 
these exceptions will make the regulations easier to use and minimize 
confusion concerning the applicability of certain paragraphs.
    The proposed new Sec.  175.8 incorporates the exceptions for 
operators covering:

--Aviation fuel and oil.
--Hazardous materials required for airworthiness and spares.
--Oxygen supplied by the operator.
--Dry ice used by the operator in food service.
--Alcohol, perfume, and lighters carried for use or sale by the 
operator.
--Aircraft equipment spares (COMAT).

    The proposed Sec.  175.8 also clarifies that the exceptions for 
aircraft spares (COMAT) are applicable only to an operator transporting 
its own equipment. The proposed paragraph on COMAT deletes the 
references to tires as this exception already exists in Sec.  
173.307(a)(2), which is also being revised.
    We are proposing to revise Sec.  173.307(a)(2) to reference Special 
Provision A59 for tires transported by aircraft. Special Provision A59 
is added to Sec.  172.102 and is aligned with the requirements in ICAO 
TI. Special Provision A59 deals with serviceable and undamaged tires 
versus unserviceable and damaged tires. It also requires tires and 
their valve assemblies to be protected from damage during air 
transport.
    The proposed new Sec.  175.9 incorporates exceptions for the 
following special aircraft operations:

--Aerial seeding, crop dusting, spraying, etc.
--Smoke grenades, flares, release devices, lights, and life-jackets for 
parachuting operations.
--Smoke grenades, flares, pyrotechnics, affixed to aircraft during air 
shows.
--Weather control, environmental protection, forest preservation, 
avalanche control.

    Also added to this proposed section are exceptions for operations 
dedicated to firefighting and prevention; air ambulance and search and 
rescue operations. References to FAA approvals throughout this section 
have been edited to reflect either the FAA Flight Standards District 
Office or the FAA Principal Operations Inspector, whichever is more 
appropriate.
    In the new Sec.  175.10, we are proposing that this section only 
contain exceptions for hazardous materials carried by passengers and 
crewmembers. As many paragraphs from Sec.  175.10 have been reassigned 
to Sec. Sec.  175.8 and 175.9, the remaining sub-paragraphs are 
renumbered, as indicated in the following table. Many of the remaining 
paragraphs in Sec.  175.10(a) have been edited for clarification only. 
The most common edit was to put the name of the

[[Page 65298]]

excepted article at the beginning of the sentence so that it is easy to 
find (as opposed to having a sentence start out with ``With the 
approval of the operator * * * ''). Sections and paragraphs that have 
significant changes are listed below--by their new section and 
paragraph number.

----------------------------------------------------------------------------------------------------------------
           Old paragraph 175.10(a)                                       New paragraph
----------------------------------------------------------------------------------------------------------------
(a)(1) aviation fuel and oil in tanks........  175.8(a).
(a)(2) operator equipment, spares............  175.8(a)&(b), 173.307(a)(2), 172.102 A59.
(a)(3) aerial seeding, crop dusting, etc.....  175.9(a).
(a)(4) medicinal/toilet articles, 2.2.         175.10(a)(1)--self defense spray (a)(9).
 aerosols.
(a)(5) small arms ammunition.................  175.10(a)(8).
(a)(7) oxygen furnished by operator..........  175.8(c).
(a)(8) implanted medical devices.............  175.10(a)(3).
(a)(9) parachuting devices...................  175.9(b).
(a)(10) safety matches/lighters..............  175.10(a)(2).
(a)(11) pyrotechnics affixed to aircraft.....  175.9(c).
(a)(12) hazmat dispensed, environmental......  175.9(e).
(a)(13) dry ice..............................  175.10(a)(10), 175.8(d).
(a)(14) transport incubator..................  175.10(a)(13).
(a)(15) alcohol, etc., carried by operator...  175.8(e).
(a)(16) duty free perfume, etc...............  175.10(a)(5).
(a)(17) alcoholic beverages..................  175.10(a)(4).
(a)(18) gas cylinders for mechanical limbs...  175.10(a)(12).
(a)(19) wheelchair, nonspillable battery.....  175.10(a)(16).
(a)(20) wheelchair, spillable battery........  175.10(a)(17).
(a)(21) hair curlers, butane.................  175.10(a)(6).
(a)(22) mercurial barometer/thermometer......  175.10(a)(14).
(a)(23) heat-producing articles..............  175.10(a)(15).
(a)(25) lifejacket with gas cartridges.......  175.10(a)(11).
(a)(26) small mercury thermometer............  175.10(a)(7).
----------------------------------------------------------------------------------------------------------------

    Section 175.10(a)(1) is edited to change the maximum net quantity 
of inner packaging for medicinal/toilet articles from 473 ml to 500 ml 
for consistency with other even metric quantities. Self-defense spray 
has been reassigned to its own paragraph since it has little in common 
with medicinal and toilet articles.
    Section 175.10(a)(2) allows safety matches and approved lighters to 
be carried in carry-on baggage as well as on one's person. This is 
based on a recent RSPA clarification letter.
    Section 175.10(a)(6) is clarified by including the North American 
term ``curling iron'' to describe hair curlers and by citing ``butane'' 
as an example of a hydrocarbon gas.
    Section 175.10(a)(8) is modified to limit the amount of small arms 
ammunition allowed in checked baggage to 5 kg per person. Previously 
the only limiting term was ``personal use''. This had the potential of 
allowing several hundred pounds of ammunition to be carried in checked 
baggage, which is an unreasonable risk. Based on comments from 
Southwest Airlines, this sub-paragraph is also clarified to indicate 
that ammunition clips and magazines must be securely boxed.
    Section 175.10(a)(9) puts self-defense spray in its own sub-
paragraph where it can be seen more easily. It had previously been 
included in the quantity limits for medicinal and toilet articles.
    Section 175.10(a)(10) currently includes two different net 
quantities allowed for dry ice--2 kg (4.4 pounds) and 2.3 kg (5.0 
pounds)--depending on how it was being carried. It has also been 
unclear if the marking requirements applied only to cargo or dry ice in 
checked baggage. This proposed new subparagraph allows 2 kg (4.4 
pounds) to be carried in checked or carry-on baggage and clarifies that 
the marking requirements are for checked baggage only. The exception 
for dry ice used in food service by the operator is moved to Sec.  
175.8. The 2.3 kg (5.0 pounds) exception for dry ice transported as 
cargo is now incorporated in Sec.  173.217.
    Section 175.10(a)(11) is modified to provide that self-inflating 
life jackets may be carried with two cartridges of CO<INF>2</INF> (or 
other suitable div. 2.2 gas), as adopted in the HM-215E final rule (68 
FR 44991).
    Section 175.10(a)(15) is clarified by replacing the term 
``underwater torch'' with the North American term ``diving lamp''.
    The current Sec.  175.10(b) paragraph dealing with the stowage of 
oxygen cylinders is moved to the new section Sec.  175.510.
    New Sec.  175.10(b) would include the provisions adopted in HM-215E 
authorizing the carriage of these excepted hazardous materials in 
passenger baggage that has unintentionally been separated from the 
flight carrying the passenger (misrouted).

Section 175.20 Training

    Section 175.20 requires aircraft operators to comply with all 
applicable requirements in parts 106, 171, 172, and 175. In addition, 
hazmat employers must ensure all hazmat employees receive training in 
accordance with part 172. Initial training under the HMR must be 
conducted within 90 days after employment begins or a change in the 
employee's job function. Recurrent training must be conducted at least 
every three years. Section 175.20 also refers to the training 
requirements of the FAA under 14 CFR 121.135, 121.401, 121.433a, 
135.323, 135.327, and 135.333, which additionally address training for 
air carriers.
    A ``hazmat employee'' is defined in Sec.  171.8 to include ``all 
persons who in the course of employment perform functions that directly 
affect hazardous materials transportation safety.'' This does not 
include every person who works around an area where, for example, 
hazardous materials are loaded, unloaded, handled, and stored. The 
employee's functional relationship to hazardous materials 
transportation safety, rather than incidental contact with hazardous 
materials in the workplace, is the primary factor in determining 
whether an individual is a ``hazmat employee.''

[[Page 65299]]

    In its comments to the ANPRM, ALPA stated, ``the requirements as 
outlined in part 172, subpart H are adequate. However, it would be 
helpful if the hazardous materials training requirements listed in 
parts 121 and 135 were reproduced in Sec.  175.20.'' ALPA indicated 
that cargo departments of air carriers are often expected to provide 
hazardous materials training and do not normally have copies of parts 
121 or 135.
    ALPA also indicated that it should be clarified that persons 
responsible for screening for unacceptable hazardous materials must be 
trained. ALPA suggested that training be required for baggage handling, 
sorting, security, and other carrier personnel to enable them to 
identify undeclared hazardous materials in cargo. ALPA indicated that 
the air carriers they deal with do understand the applicability of 
training requirements to their personnel regarding 49 CFR versus 14 
CFR.
    Airborne Express stated, ``We do not believe that further training 
on undeclared hazardous materials is necessary. Baggage handling, 
sorting, security, and other carrier personnel are already trained to 
recognize hazardous materials shipments in their job specific 
environment. We already have established procedures in place for 
specifically trained individuals to repackage or clean up leaking 
shipments. These procedures take the responsibility out of the hands of 
our sorter personnel.'' They also commented that aircraft carriers do 
understand what training requirements apply to their personnel (14 CFR 
versus HMR.).
    FedEx commented that the training requirements applicable to 
aircraft operators and hazardous materials employees are clear and 
understandable as currently written.
    ATA expressed satisfaction in understanding the training applicable 
to an aircraft operator. However, ATA indicated that Sec.  175.1 is 
applicable only to aircraft operators, so it will be necessary to 
rewrite and clarify its application to entities that are not direct air 
carriers, but perform air carrier functions, e.g., indirect air 
carriers.
    ATA further stated, ``there are other relationships, aside from 
indirect air carriers, that perform functions on behalf of a carrier, 
for instance, that of an air freight pick up and delivery contractor 
(trucker) or a handling agent which typically performs certain handling 
functions on behalf of an airline. DOT needs to clearly establish that 
the training liability and responsibility apply to these entities in 
the same manner as they apply to a direct air carrier.''
    ATA further stated, ``Baggage and sorting personnel report to their 
supervisors when a bag or package is leaking, report the presence of an 
unfamiliar source of heat or report the omission of an unfamiliar and/
or noxious odor. Other than warning signs such as these, how possibly 
could one be trained to question what is in a closed bag or package?''
    ATA indicated that its member airlines understand how training 
requirements apply to their personnel (e.g.,14 CFR verses 49 CFR) and 
that each individual air carriers's training program is approved by the 
airlines' Principal Operating Inspector (POI). ATA further stated, 
``the POI has, by necessity, been dependent on the Dangerous Goods/
Cargo Security Coordinators, whose working knowledge of dangerous goods 
should qualify them to review and recommend approval of a carrier's 
Training Program. However, with the re-organization of the U.S. FAA 
regions, these approvals may now be the responsibility of headquarters 
TSA/FAA Dangerous Goods. A move to a central location for approval of 
training programs would provide assistance in the standardization of 
such programs.''
    Most commenters to the ANPRM indicated they understand the 
applicability of training under the HMR and 14 CFR. Some commenters 
expressed confusion regarding the definition of a ``hazmat employee''. 
We believe the revision of Sec.  175.1 as proposed in this rulemaking 
will clarify that the HMR ( including training) applies to any person 
who performs, attempts to perform, or is required to perform any 
function subject to this subchapter, including air carriers, indirect 
air carriers and freight forwarders and their flight and non-flight 
employees, agents, subsidiary and contract personnel.
    However, these regulations are an integral part of the 
certification requirements and operating rules for part 121 and 135 
certificate holders. Under DOT's regulations, training requirements are 
not placed upon employers or employees who are not ``hazmat employers'' 
or ``hazmat employees''. Under 14 CFR, the FAA requires even a will-
not-carry certificate holder that does not handle or transport 
hazardous material to provide recognition training to specific 
employees. We are proposing to revise this section for clarity and to 
more specifically reference the training requirements of 14 CFR parts 
121 and 135.

Sections 175.25 and 175.26 Notification at Air Passenger and Cargo 
Facilities of Hazardous Materials Restrictions

    The HMR currently require notices to be posted at air passenger 
facilities and cargo facilities. The notices contain specific language 
warning passengers and offerors of cargo of the requirements applicable 
to carrying or offering hazardous materials and the penalties for 
failure to comply with those requirements. Section 175.25 requires 
aircraft operators to display notices warning passengers against 
carrying undeclared hazardous materials aboard aircraft in either their 
checked or carry-on luggage or on their persons, and prescribes the 
information to be contained in each notice. Section 175.26 requires 
each person who engages in the acceptance of, or the transportation of, 
cargo by aircraft, to display notices in prominent locations at each 
facility where cargo is accepted. These notices are intended to inform 
their customers of what a hazardous material is, the requirement to 
comply with the HMR, and the penalties for failure to comply with the 
HMR. Therefore, signs must be in prominent view of passengers and 
persons who accept or offer cargo. Sections 175.25 and 175.26 also list 
the minimum information that must be contained on the notice.
    In some cases, cargo terminals are co-located with passenger 
terminals. To make it easier for the industry to comply with signage 
requirements, FAA and RSPA stated in a final rule published September 
27, 1993 (58 FR 50496) that display of separate passenger and cargo 
notices is not required at these passenger terminals. Notices are not 
required to be displayed at unattended locations if there is a general 
notice prominently displayed advising customers that shipments of 
hazardous materials at that location are prohibited. In addition, 
notices are not required to be displayed at a shipper's facility where 
packages of hazardous materials are accepted. In a final rule published 
July 10, 1998 (63 FR 37454), we revised Sec. Sec.  175.25 and 175.26 to 
reflect changes in the statutory citations and penalties, and to 
provide carriers greater flexibility.
    Internationally, the ICAO TI require each operator to warn 
passengers of the types of goods they are prohibited from transporting 
aboard aircraft. Although the ICAO TI do not specify the wording or 
information to be provided in the warning, ICAO Technical Instruction 
Part 7;5.1 does require each operator to ensure the information is 
promulgated in such a manner to alert its passengers.

[[Page 65300]]

The information must accompany the passenger ticket and be 
``prominently displayed'' in sufficient numbers at each of the places 
in an airport where tickets are issued, passengers and baggage check 
in, aircraft boarding areas are maintained, and at any other location 
where passengers may check in. In addition, the ICAO TI require 
operators to ensure that notices sufficient in number and prominence 
are displayed in baggage claim areas.
    Commenters offered many suggestions for improving signage. ATA 
stated that inconsistencies and reluctance that exist among airport 
authorities throughout the country is one major reason the message is 
not effectively communicated to passengers. Most commenters believe 
that the term ``prominently displayed'' needs clarification. At some 
airports, signage has been noted as being wholly inadequate. For 
example, some carriers place signage required by the HMR in the baggage 
well where it would be difficult for a passenger to see. Most 
commenters agreed that simple, internationally recognized, pictorial 
designs would aid immensely in communicating to passengers what 
hazardous materials may be taken onboard or checked.
    In this NPRM we are not proposing any amendments to the signage 
requirements in Sec. Sec.  175.25 and 175.26. However, in an effort to 
further clarify these requirements and provide consistency with Sec.  
175.26, we are proposing that the terminology in Sec.  175.25 refer to 
``each person'' instead of ``each aircraft operator.'' We will also 
continue to work with the airlines and the airports to ensure that the 
passengers and shippers of cargo aboard aircraft are aware of the 
dangers and the regulations for shipping hazardous materials.

Section 175.30 Accepting and Inspecting Shipments

    Section 175.30, prohibits any person from carrying a hazardous 
material aboard an aircraft unless the package is inspected by the 
aircraft operator to ensure that the integrity of the package has not 
been compromised. In response to a request from an airline to clarify 
its hazardous material acceptance responsibility, we issued a formal 
interpretation on the acceptance of hazardous materials on June 4, 1998 
(63 FR 30411). In that interpretation, we stated a carrier's acceptance 
and transportation of hazardous materials can involve several different 
situations. For example, a shipment may be ``declared'' by the shipper 
to contain hazardous materials by shipping documentation, marking, 
labeling, or other means. In such cases, the shipment must comply with 
all applicable HMR requirements, including the use of an authorized 
packaging. Conversely, an ``undeclared'' or ``hidden'' shipment is a 
shipment of hazardous materials that, intentionally or unintentionally, 
is not declared by the offeror to contain hazardous materials, and 
there is no attempt to comply with the HMR.
    The importance of rejecting any shipment of hazardous materials 
that does not comply with the HMR is highlighted by the mandate in 49 
U.S.C. 5123 to assess a civil penalty against any person who 
``knowingly violates'' any requirement in the HMR, including the 
provisions of Sec.  175.30. Section 5123(a) provides that a person 
``acts knowingly'' when: (A) The person has actual knowledge of the 
facts giving rise to the violation; or (B) a reasonable person acting 
in the circumstances and exercising reasonable care would have that 
knowledge. A carrier knowingly violates the HMR when the carrier 
accepts or transports a hazardous material with actual or constructive 
knowledge that a package contains a hazardous material not properly 
packaged, marked, labeled, or described on a shipping paper as required 
by the HMR. This means a carrier may not ignore readily apparent facts 
indicating that either: (1) A shipment declared to contain a hazardous 
material is not properly packaged, marked, labeled, placarded, or 
described on a shipping paper; or (2) a shipment actually contains a 
hazardous material governed by the HMR despite the fact it is not 
marked, labeled, placarded, or described on a shipping paper as 
containing a hazardous material.
    Internationally, part 7 of the ICAO TI contains hazardous materials 
acceptance procedures for aircraft operators. ICAO part 7;1.3 requires 
operators to develop and use a checklist that includes all reasonable 
steps to assure packages are properly prepared for transportation by 
aircraft, and all regulatory requirements have been satisfied.
    ALPA favors revising Sec.  175.30 to include the formal 
interpretation language issued on June 4, 1998, while the ACC states 
that the requirements of Sec.  175.30 should not apply to undeclared 
shipments.
    One commenter stated that RSPA should mandate a checklist for 
acceptance of hazardous materials. However, UPS stated that RSPA needs 
to justify any checklist requirement. Fisher Scientific stated that any 
checklist adopted should allow a carrier some degree of flexibility, 
while Airborne Express opposed a checklist requirement for pick-up and 
delivery drivers. Finally, both FedEx and the ATA suggested that any 
checklist adopted should mirror the current checklist suggested by ICAO 
and required by IATA.
    Based on comments received from the ANPRM, we are not proposing to 
require a checklist suggested by ICAO and required by IATA. We believe 
that air carriers are familiar with the suggested ICAO and IATA 
checklist, and may or may not choose to use that checklist. We believe 
that requiring a checklist under the HMR would be duplicative, as well 
as burdensome.
    We are proposing to remove the exception in Sec.  175.30(d) for 
materials classed as ORM-D. Section 175.30(d) excepts materials classed 
as ORM-D from the inspection requirements in paragraphs (b) and (c) of 
this section. We believe that materials reclassed as ORM-D material 
should be subject to the inspection requirements of Sec.  175.30(b) and 
(c) to insure all packages containing hazardous materials are in proper 
condition for transportation aboard aircraft.

Section 175.31 Reports of Discrepancies

    Section 175.31 requires a person who discovers a discrepancy after 
acceptance of a package of hazardous materials (as defined by Sec.  
175.31(b)) to notify the nearest FAA Civil Aviation Security Field 
Office (CASFO) by telephone ``as soon as practicable,'' and provide 
certain information. This requirement permits early investigation and 
intervention to determine the cause for failure to either properly 
declare or prepare a hazardous materials shipment. A May 27, 1980, 
final rule under Docket HM-168 (45 FR 35329), adopted requirements in 
49 CFR 175.31 for reporting discrepancies. In the preamble to the final 
rule, we stated:

    A shipment containing a hazardous material must be offered to 
the carrier in accordance with the regulations. An offering occurs 
when (1) the package is presented, (2) the shipping paper is 
presented, (3) the certification is executed, and (4) the transfer 
of the package and shipping paper is completed with no further 
exchange (written or verbal) between the shipper and aircraft 
operator, as usually evidenced by the departure of the shipper. At 
this point, it is clear that the operator has accepted the shipment 
and the shipper has removed himself from a final opportunity to take 
corrective action that would preclude a violation of the HMR 
relative to transportation of hazardous materials aboard aircraft * 
* * the requirement which has been adopted [in this final rule] 
limits

[[Page 65301]]

required reporting to shipment discrepancies which are discovered 
[subsequent to] acceptance of the shipment for transportation and 
limits `reportable' discrepancies to those discrepancies which are 
not detectable as a result of proper examination by a person 
accepting shipment under the acceptance criteria of Sec.  175.30. 
This notification requirement will facilitate the timely 
investigation by FAA personnel of shipment discrepancies involving 
situations where inside containers do not meet prescribed packaging 
or quantity limitation requirements and where packages or baggage 
are found to contain hazardous materials after having been offered 
and accepted as other than hazardous materials.

    Internationally, ICAO TI part 7; 4.5 contains provisions under 
which operators must report undeclared or misdeclared dangerous goods 
found in cargo, or dangerous goods not permitted to be carried by 
passengers, found in baggage. This report must be given to the 
appropriate authorities in the country in which the incident occurs.
    The Association of Hazmat Shippers (AHS) stated that, `` * * * the 
Federal Aviation Administration has been using discrepancy reports 
under Sec.  175.31 as a vehicle through which to impose civil penalties 
upon air carriers bringing the agency's attention to undeclared 
hazardous materials. We understand the serious risks associated with 
improperly declared hazardous cargo, but we do not think the practice 
of the FAA to penalize reporting parties, by construing `knowledge' on 
their part and subjecting them to civil penalties, is either prudent or 
appropriate. Especially in the current security environment, all 
agencies in DOT have been and should continue to encourage full 
reporting of problem hazmat shipments. Punishing the reporting person 
for initially accepting inadequately declared hazardous materials 
chills the incentive to report, and is counterproductive.'' AHS 
recommends consideration to immunity for reports submitted under 
Sec. Sec.  171.15, 171.16, 175.31, and any other hazmat reporting 
programs that might be developed.
    Airborne Express (ABX Air, Inc.) also favors a formalized amnesty 
feature be considered for reporting discrepancies.
    ACC stated that discrepancies involving a shipment of ``declared'' 
hazardous materials that has been accepted by an airline should be 
reported while the package is still in the airline's possession. ACC 
stated that `` * * * airlines reporting a discrepancy (not caused by 
that airline) after the acceptance of a hazardous materials package 
should not be under threat of citation or prosecution if the non-
compliance was not readily evident at the point of acceptance.'' ACC 
also supports the idea of a ``safe haven'' for incident and discrepancy 
reporting and stated it will provide DOT with better data. ACC also 
indicated that they believe the regulations, including the ICAO 
Technical Instructions should clearly indicate that indirect air 
carriers are subject to the HMR and ICAO TI.
    Southwest Airlines stated that the person discovering the 
discrepancy should be given sufficient time to investigate to verify 
the discrepancy. Southwest also supports an amnesty program and stated 
it will enhance safety.
    UPS stated that RSPA should not revise or clarify when discrepancy 
reports are required, e.g., ``as soon as practicable'' under Sec.  
175.31, since some flexibility in the reporting period is needed. UPS 
stated, ``Rather than require `immediate' reporting, Sec.  175.31(a) 
tacitly acknowledges that inquiring into the circumstances surrounding 
a reportable discrepancy is necessarily a fact-specific determination 
that varies in each case.'' UPS indicated that, at times, ``FAA has not 
consistently conducted inspections of packages that are located away 
from a major airport * * * FAA agents also have been too busy to 
inspect packages held even at airports. If RSPA considers the possible 
unavailability of packages for inspection an issue, then it must 
provide evidence of its concerns in any subsequent notice in this 
rulemaking and balance those concerns with the consequences for the 
carriers on whom they may impose any new requirements.''
    UPS indicated that RSPA should propose a formalized amnesty feature 
for persons who report discrepancies under Sec.  175.31. It also 
stated, ``A compliance and training program resulting in required or 
voluntary reporting to DOT is an appropriate standard of `reasonable 
care.' For companies with effective compliance programs, the point in 
time that a noncompliance package is actually detected and reported by 
the carrier through these programs should be presumptively considered 
to be the point in time that it should have been detected ``by a 
reasonable person acting under the circumstances.''
    According to UPS, ``RSPA has clarified that the requirement to 
report discrepancies does not apply to indirect air carriers and other 
shipping facilities after their acceptance of cargo, and there is no 
need for RSPA to clarify Sec.  175.31. Nevertheless, if RSPA proposes 
to apply Sec.  175.31 to indirect air carriers and other shipping 
facilities, RSPA must consider the resource issues associated with 
expanding the universe of persons reporting discrepancies to the FAA. 
Consideration of such issues is especially critical given that any 
revisions to Sec.  175.31 will affect FAA resources over which RSPA 
exercises no control. FAA may lack the personnel and other resources to 
address discrepancy reports from sources other than air carriers.''
    ALPA stated that, ``ALPA believes that the wording `as soon as 
possible' would be a better alternative to `immediately' or the present 
wording, `as soon as practicable.' The reason is that `immediately' 
implies that an employee could not take the necessary time to properly 
neutralize a leaking package, but would have to ''immediately call the 
nearest FAA field office. On the other hand `as soon as practicable' 
could have the opposite effect--an employee might wait until tomorrow 
as it wasn't `practicable' to do it today.''
    ALPA indicated that amnesty encourages reporting, while no amnesty 
discourages it. ALPA stated that, ``One comparison worth mentioning is 
the Aviation Safety Awareness Program (ASAP), which grants amnesty to 
pilots who self report certain situations. This program has greatly 
increased the number of reports, thereby allowing the FAA to establish 
a data bank to start to correct the situation that caused the 
discrepancy.'' Regarding the requirement to report discrepancies to 
apply to indirect air carriers and other shipping facilities after 
acceptance of cargo, ALPA indicated that the reporting program should 
apply to all facilities involved in transporting hazardous materials by 
air.
    FedEx stated that the current discrepancy reporting process is 
sufficient. However, FedEx also suggested that a time limit requiring 
the carrier to hold the shipment should be established so that proper 
disposition takes place if an inspector cannot inspect the shipment in 
question. FedEx also indicated that couriers are not and should not be 
trained to the level of being qualified to determine whether a 
discrepancy has been made with the shipment.
    FedEx does not support a time limit in hours for carriers reporting 
undeclared dangerous goods is advisable. According to FedEx, ``we often 
conduct a preliminary investigation to verify whether a shipment 
actually contains dangerous goods. This investigation may take varying 
lengths of time, but it is necessary and useful to the FAA/TSA not to 
be bothered when an undeclared dangerous goods does not exist. We do 
not consider the dangerous goods shipment accepted until inspection by 
a

[[Page 65302]]

trained FedEx Express dangerous goods specialist. Hidden discrepancies 
are currently reported to the TSA/FAA. If additional discrepancies were 
required to be reported, it is reasonable to believe that TSA/FAA could 
not keep up with the reports and this would cause a significant burden 
on shippers, carriers, and regulatory inspectors.''
    FedEx indicated that it favors an amnesty program. FedEx stated, 
``Granting immunity to carriers that report any discrepancies to the 
inspectors is in the best interest of all involved and will improve the 
safe transportation of dangerous goods shipments by air.'' FedEx also 
suggested that reporting requirements should apply to indirect air 
carriers and other shipping facilities after acceptance of cargo.
    The Conference on Safe Transportation of Hazardous Articles, Inc. 
(COSTHA) stated that an amnesty feature for those who report 
discrepancies has merit, and may enhance awareness and compliance with 
the HMR. COSTHA also stated ``it would be inappropriate to include such 
a provision in part 175 that would only be applicable and available to 
air carriers.'' COSTHA stated, ``if such an amnesty feature is 
established, COSTHA proposes that it should be equally applicable and 
available to offerors of hazardous materials for transport by air and 
other persons subject to the HMR.''
    Fisher Scientific indicated that the current system of reporting 
discrepancies as soon as practicable is sufficient, and a time period 
for reporting discrepancies would not improve safety. Fisher Scientific 
suggested that imposing a time frame would only lead to less compliance 
and reporting and lead to more enforcement actions against carriers. 
Fisher Scientific supports some form of penalty for non-reporting of 
discrepancies. However, Fisher Scientific suggested that proving that a 
party did not report a discrepancy might be difficult. Fisher 
Scientific suggested that rewarding compliance rather than punishing 
non-compliance would be more productive.
    In addition, Fisher Scientific stated that there is some merit in a 
formal amnesty program for those who report discrepancies, if applied 
equally to all involved with air shipments, e.g., carriers, shippers, 
forwarders, non-air operations, etc. Fisher Scientific stated, ``the 
main issue with amnesty is how to deal with repeat offenders. Perhaps a 
time limit for amnesty coupled with some form of three strikes and you 
are out policy would work. Once again, the issue is compliance and 
safety rather than punishment and incidents.'' Regarding the 
applicability of reporting, Fisher Scientific stated, ``Each person who 
discovers a discrepancy should be required to report, or no person 
should be required to report. * * * While carriers do have the 
requirement to ensure compliance when received, they should not bear 
the entire burden for compliance reporting, nor be the sole 
beneficiaries of any amnesty provisions.''
    ATA expressed concern regarding the requirement to report 
discrepancies ``as soon as practicable'' and the time period that 
carriers have to hold packages for inspection. ATA indicated that it 
often takes a significant amount of time to get a shipper to supply 
needed information about a particular shipment, and that air carriers 
are not in a position to store packages awaiting inspection. ATA 
stated, ``good common sense is needed in the development of new 
requirements and a time limit or not more than three (3) business days 
needs to be established as the bounds of a carrier's responsibility for 
holding a shipment.'' ATA further stated that, ``a delay in an 
inspection prolongs the exposure of our employees to potentially 
dangerous materials and opens the possibility of a conflict between DOT 
requirements and OSHA or local fire code requirements. We feel it 
necessary to make the point that if the TSA agent does not have time or 
resources in inspecting a shipment, this needs to be said to the air 
carrier so that the carrier can get on with the disposal.''
    Regarding an amnesty provision, ATA supports a ``safe harbor'' for 
those entities that report regulatory discrepancies and undeclared 
shipments to the government. ATA further stated, ``We believe that the 
agency's current practice of aggressively prosecuting air carriers who 
bring shipper violations to the agency's attention, while at the same 
time not prosecuting the responsible shipper as vigorously is unfair 
and inappropriate.''
    In this NPRM, we are proposing the addition of Sec.  175.31(a)(6) 
to require the address of the shipper or person responsible for the 
discrepancy, if known, by the air carrier. Currently, Sec.  
175.31(b)(2) requires air operators to notify FAA, in part, when 
baggage subsequent to its offering and acceptance, is found to contain 
undeclared hazardous materials. When security screeners suspect that 
checked baggage may contain an unauthorized hazardous material, they 
bring the item to the attention of the air carrier that accepted the 
baggage so the air carrier can make a determination if the item is 
authorized to be in the baggage. If the air carrier determines that the 
item constitutes a discrepancy, it must notify the FAA. Since January, 
2002, the FAA has received more than 9,000 discrepancy reports from air 
carriers in accordance with the Sec.  175.31 reporting requirements.
    FAA and RSPA have implemented numerous outreach initiatives 
intended to educate the public about the hazardous materials 
regulations. For example, RSPA and FAA have: (a) Issued safety notices 
in the Federal Register; (b) deployed informational kiosks at major 
airports to alert passengers about the types of items that may not be 
transported in luggage; and (c) conducted over 1,000 outreach 
presentations each year. Despite these outreach efforts, the number of 
hazmat discrepancies reported by air carriers from checked baggage 
continue to grow. Therefore, RSPA and FAA believe a more targeted 
outreach and education campaign is necessary. FAA has developed a Web 
site that air carriers could voluntarily choose to use to 
electronically report discrepancies. (FAA's Web site is http://ash.faa.gov.) The Web site will prioritize the types of hazardous 
materials into two categories: Those that FAA will individually 
investigate, and those for which an automated public outreach notice 
will be generated. RSPA and FAA anticipate that the vast majority of 
the discrepancies reported via the Web site will result in an automated 
public notice to the responsible party. While use of the Web site will 
be optional, RSPA and FAA anticipate a reduction in transaction cost as 
compared to the current telephonic reporting system. Under this 
proposal, air operators that choose to use FAA's electronic reporting 
Web-site or those who continue to report telephonically would also be 
required to provide the address of the shipper or passenger if it is 
known to the operator. FAA staff would key the reported information 
into the Web site when air operators choose to report discrepancies 
telephonically.
    We agree with those commenters that stated that no amendments 
should be made to the requirement that discrepancy reports should be 
submitted ``as soon as practicable.'' We are not proposing an amnesty 
provision for carriers that self-report. However, this topic may be 
addressed by the Department in a future action.

Sections 175.33 and 175.35 Shipping Papers and Notification of Pilot-
in-Command

    On March 25, 2003, we published a final rule that amended the HMR 
by requiring aircraft operators transporting hazardous material to: (1) 
Place a

[[Page 65303]]

telephone number on the notification of pilot-in-command or in the 
cockpit of the aircraft that can be contacted during an in-flight 
emergency to obtain information about any hazardous materials aboard 
the aircraft; (2) retain and provide upon request a copy of the 
notification of pilot-in-command, or the information contained in it, 
at the aircraft operator's principal place of business, or the airport 
of departure, for 90 days, and at the airport of departure until the 
flight leg is completed; and (3) make readily accessible, and provide 
upon request, a copy of the notification of pilot-in-command, or the 
information contained in it, at the planned airport of arrival until 
the flight leg is completed.
    In this NPRM, we are proposing to consolidate all the requirements 
related to shipping papers (Sec.  175.35), their retention for 375 days 
(Sec.  175.30(a)(2), and the notification to pilot-in-command into one 
section, Sec.  175.33, entitled ``Shipping papers and notification of 
pilot-in-command''. Otherwise, we are not proposing any revision to the 
requirements related to shipping papers or the preparation and delivery 
of a notification to the pilot-in-command.

Section 175.40 Keeping and Replacement of Labels

    This section requires aircraft operators to maintain an adequate 
supply of labels in case they become lost or destroyed. Consistent with 
the removal of this section from the other modal parts of the HMR, we 
are proposing to remove this section.

Sections 175.75 and 175.85 Quantity Limitations and Cargo Location

    Sections 175.75 and 175.85 prescribe limitations on the quantity of 
hazardous materials that may be carried aboard passenger-carrying or 
cargo-only aircraft, and the location of those materials, respectively. 
The quantity limitations for hazardous materials permitted aboard 
passenger-carrying aircraft are specified in Sec.  175.75(a)(2). This 
section states that no more than 25 kg of hazardous materials and, in 
addition, 75 kg net weight of Division 2.2 (non-flammable compressed 
gas) may be carried aboard a passenger-carrying or cargo-only aircraft:
    (1) In an accessible cargo compartment;
    (2) In any freight container within an accessible cargo 
compartment; or
    (3) In any accessible cargo compartment of a cargo-only aircraft if 
the hazardous materials are loaded as to be inaccessible unless in a 
freight container.
    Class 9 materials and consumer commodities are excepted from the 
quantity limitations of Sec.  175.75(a)(2). Section 175.85(b) requires 
hazardous materials packages acceptable for cargo-aircraft only to be 
loaded in a manner that allows access to the package by crew members.
    Section 175.85(a) prohibits the carriage of a hazardous material in 
the passenger cabin or on the flight deck of any aircraft, and 
specifies conditions under which hazardous materials may be carried on 
main-deck cargo compartments. Section 175.85(c)(1)(i) through (v) 
provides exceptions for cargo-only operations from the quantity 
limitations of Sec.  175.75(a)(2), and accessibility requirements of 
Sec.  175.85(b) for those hazardous materials listed. Section 
175.85(c)(2) provides exceptions, when other means of transportation 
are impracticable, to the accessibility requirement of Sec.  175.85(b) 
and the quantity limitation requirements of Sec.  175.75(a)(2) for 
hazardous materials acceptable by both cargo-only and passenger-
carrying aircraft. These exceptions require that packages are carried 
in accordance with procedures approved in writing by the nearest FAA 
Civil Aviation Security Field Office (CASFO). Columns 9A and 9B of the 
Sec.  172.101 Hazardous Materials Table (HMT) specify limitations on 
individual package quantities, or list packages that are forbidden from 
transportation by aircraft. Section 173.27 specifies inner receptacle 
limits for combination packages.
    Sections 175.85(c)(3)(i) through (iii) provide exceptions for 
small, single-pilot cargo-only aircraft from the accessibility 
requirements of Sec.  175.85(b) and the quantity limits of Sec.  
175.75. These exceptions apply when small aircraft are the only means 
of transporting hazardous materials to a particular destination. This 
applies to airports and locations incapable of supporting larger 
aircraft operations, where the only means of access is by smaller 
aircraft. The provisions of Sec.  175.85(c)(3) do not require approval 
by the FAA.
    Most commenters agree that Sec. Sec.  175.75 and 175.85 can be 
confusing, but carriers stated that they fully understand the 
requirements as written. COSTHA stated, ``COSTHA believes that many 
users of the HMR find Sec. Sec.  175.75 and 175.85 quite difficult to 
understand and properly interpret, as currently written. Combining and 
streamlining the two sections would improve the ability of users to 
understand the requirements and would eliminate the need for cross 
referrals between the two sections, and in that way improve 
compliance.'' Most commenters suggest that accessibility versus 
inaccessibility when assessing safety is an outdated concept. ALPA 
stated that ``accessibility'' should be further defined, e.g., number 
of crew members, walkways, positioning of shipments. However, AHS 
indicated that the requirements as written may be outdated and should 
be eliminated since the international regulations have no such 
limitations. AHS stated, ``The quantity limitations of Secs. 175.75 and 
175.85, to the extent that they are unique to the United States, should 
be examined critically. It is our understanding that these limits 
entered the aviation regulations in the 1940s, when it was deemed 
practical to open a flying aircraft door to eject freight. Hence the 
concern with having the cargo accessible to a crewmember in flight.'' 
AHS further stated, ``We are aware of no technical basis for the 
adoption of this requirement at the time, or any technical basis for 
having maintained it in the U.S. rules. It does not exist in the ICAO 
Technical Instructions nor, to our knowledge, in any nation but the 
U.S. We are unaware of it having been a problem in other nations, and 
we think DOT should carry the burden of maintaining it uniquely in our 
airspace and aboard U.S.-registered aircraft in any airspace. We urge 
the agency to give more substantial weight to the practical experience 
and recommendations of international carriers and shippers familiar 
with operations under the ICAO TI, that do not include such 
restrictions.'' ALPA stated, ``* * * the current regulatory differences 
between inaccessible and accessible cargo compartments are appropriate, 
but that the accessibility of cargo compartments should be addressed. 
Factors such as the number of crewmembers, type of walkways, and 
positioning of shipments should all be included in the determination of 
whether a compartment is truly accessible.'' All but one commenter, 
ALPA, stated that there should be no reduction in the unlimited 
quantity exception for consumer commodities and Class 9 materials. ALPA 
stated ``ALPA firmly believes that consumer commodities and Class 9 
substances do pose a significant risk and should be limited to 25 kgs. 
in any inaccessible compartment.'' AHS stated, ``We do not support the 
current restrictions of the U.S. in Secs. 175.75 and 175.85. In 
particular, we recommend that no additional consideration be given to 
expanding these restrictions to encompass consumer commodities and 
Class 9 materials. We are unaware of

[[Page 65304]]

anything in the experience with consumer commodities, since the 
inception of the concept in the mid-1970s, to warrant changing the 
rules to regulate them more severely in any mode of transportation.''
    Most commenters agree that the term ``impracticable'' should be 
better defined. FedEx stated, ``Yes, with the addition of specific 
guidelines and examples. Without a definition, this term is vague and 
subject to varying interpretations. Additional examples should be added 
as they come to light. Any definition should be a ``living'' 
definition.'' Commenters generally agree that cross referencing 
relevant sections (e.g., footnotes) would be of some value to shippers. 
ALPA stated, ``ALPA also believes that this would help eliminate 
errors.'' Most commenters believe that DOT-E11110, which exempts 
certain classes of materials from the limitations in Sec.  175.75 
should be incorporated into the HMR, and also be expanded to include 
other hazardous materials.
    To make these requirements easier to understand, we are proposing 
to merge the requirements of Sec. Sec.  175.75 and 175.85 into one 
section and remove any unnecessary paragraphs. We are also proposing to 
eliminate the 25 kg cargo compartment restriction from cargo aircraft. 
We believe that such a restriction, which, for cargo aircraft, only 
applies to those materials authorized aboard a passenger-carrying 
aircraft, is unnecessary for transportation aboard cargo aircraft. We 
believe that the limitations for passenger aircraft reduce the overall 
risks in the use of passenger aircraft. Therefore, we have not proposed 
to increase or eliminate the limitation on the amount of hazardous 
materials that may be transported in an inaccessible cargo compartment 
of a passenger aircraft. Consistent with the proposal to eliminate the 
cargo compartment limitation on cargo aircraft shipments, we are also 
proposing to eliminate from Sec.  175.85(c)(3) the requirement that 
shipment by other means of transportation is impractical. We have not 
proposed to eliminate or modify the exception from the 25 kilogram 
limitation that is currently afforded Class 9 and ORM-D materials. The 
following table identifies the existing paragraphs in Sec. Sec.  175.75 
and 175.85 and where we are proposing to move them:

------------------------------------------------------------------------
                                              Proposed new  section and
       Current section and paragraph                  paragraph
------------------------------------------------------------------------
175.75(a)(1)..............................  Removed as unnecessary.
175.75(a)(2)..............................  175.75(b).
175.75(a)(3)..............................  175.700.
175.75(b).................................  175.75(b).
175.85(a).................................  175.75(a).
175.85(b).................................  175.75(c).
175.85(c)(1)..............................  175.75(c)(1).
175.85(c)(2)..............................  175.75(c)(2).
175.85(c)(3)..............................  175.75(c)(3).
175.85(d).................................  Removed as unnecessary.
 175.85(e)................................  175.75(a).
175.85(f).................................  175.310.
175.85(g).................................  Removed as unnecessary.
175.85(h).................................  175.501.
175.85(i).................................  175.501.
------------------------------------------------------------------------

    In an effort to enhance compliance and further clarify the cargo 
loading requirements, we are proposing to add a chart at the end of 
Sec.  175.75 to summarize these requirements.

Section 175.78 Stowage Compatibility of Cargo

    For stowage of hazardous materials on an aircraft, in a cargo 
facility, or in any other area at an airport designated for the stowage 
of hazardous materials, packages containing hazardous materials which 
might react dangerously with one another may not be placed next to each 
other in a position that would allow a dangerous interaction in the 
event of leakage. At a minimum, segregation instructions prescribed in 
the segregation table in Sec.  175.78 must be followed to maintain 
acceptable segregation between packages containing hazardous materials 
with different hazards.
    ALPA commented that there are some areas of the regulations (both 
in part 175 and ICAO TI) that pose serious safety concerns for any 
aircraft involved in the transport of hazardous materials by air. One 
of these areas is the segregation requirements on board aircraft as 
regulated by Sec.  175.78 and the ICAO TI concerning Class 8 materials 
in particular, segregation of acids and bases. According to ALPA, 
``these two commodities require segregation under virtually all 
regulations except the air mode.'' ALPA stated that its research 
indicates that an inadvertent commingling of these two commodities 
could be extremely thermal, up to explosive, resulting in a total loss 
of controlled flight and a subsequent hull loss. ALPA suggests that a 
change in the regulations requiring segregation of these Class 8 
commodities could avert a potential disaster. According to ALPA, the UN 
has ignored this warning, stating on numerous occasions that the more 
stringent packaging requirements of the air mode would prevent 
commodities from leaking. According to ALPA, this position has been 
proven wrong, ``particularly since the inception of performance 
oriented packaging (POP).''
    We understand the concern expressed by ALPA regarding the possible 
commingling of strong acids and strong bases on aircraft due to lack of 
proper segregation. However, this issue would require extensive 
rulemaking changes regarding hazard classification and hazard 
communication requirements. In addition, this issue relates to storage 
issues in all modes of transport, not just aviation. Therefore, we are 
not proposing any revisions or changes based on these recommendations.

Sections 175.79, 175.81; and 175.88 Inspection, Orientation and 
Securing of Packages of Hazardous Materials

    We are proposing to merge the requirements of Sec. Sec.  175.79 
(Orientation of cargo); 175.81 (Securing of packages containing 
hazardous materials); and 175.88 (Inspection of unit load devices) into 
one section, 175.88, entitled ``Inspection, orientation and securing of 
packages of hazardous materials.'' This is solely an editorial 
proposal.

Section 175.90 Damaged Shipments

    No amendments are proposed for this section.

Section 175.305 Self Propelled Vehicles

    We are proposing to move the requirements of this section to Sec.  
173.220.

Sections 175.310 and 175.320 Transportation of Flammable Liquid Fuel 
Within Alaska or Into Other Remote Locations and Cargo Aircraft, Only 
Means of Transportation

    Section 175.310, Transportation of flammable liquid fuel within 
Alaska or into other remote locations, provides exceptions for the 
shipment of flammable liquid fuels in the State of Alaska and other 
remote locations. Section 175.320 provides an exception from the 
quantity limitations in Sec. Sec.  175.75 and 172.101, when certain 
conditions are met. Section 175.320 authorizes the transportation of 
certain hazardous materials by cargo-only aircraft in inaccessible 
cargo locations when means of transportation other than air are 
impracticable or not available (i.e., air transport is the only means 
of transportation), subject to the conditions specified in Sec.  
175.320.
    In this NPRM, we are proposing to remove the authorization to 
transport Class 1 (explosive) materials in accordance with Sec.  
175.320. In our view, because of security concerns and requirements, 
the carriage of explosives

[[Page 65305]]

outside of the normal requirements of the HMR should be handled by 
exemption. The removal of the authorization to transport Class 1 
materials also allows the deletion of some of the operator restrictions 
dealing with advance notices, airports, loading areas, etc. under the 
provisions. We are interested in comments regarding our proposal to 
remove the authorization to transport Class 1 materials in accordance 
with Sec.  175.320 without an exemption. In particular, is the normal 
time frame to obtain an exemption too burdensome, and, if so, why?
    We are also proposing to remove the reference to flammable liquids 
mentioned by name and proposing a new combined section that is limited 
to fuels, similar to existing Sec.  175.310. Oil, toluene, and methyl 
alcohol would no longer be covered under this section unless they are 
being used as a fuel. We are proposing to remove the chart since there 
is only one commodity being covered (combustible liquids are mentioned 
in the paragraph covering bulk tanks). Fuels permitted would also now 
be limited to those in Packing Group II or III (Packing Group I fuels, 
which have a boiling point of 35C/95F or higher, would be allowed in 
aircraft tanks designed to hold such liquids).
    We are proposing that the passenger-carrying aircraft operations of 
the current Sec.  175.310 and the cargo aircraft operations of the 
current Sec.  175.320 be merged into one section. However, similar 
loading and operating requirements have been broken out of each and 
combined into paragraphs that will apply to both types of operations. 
This results in some additional operator requirements for the 
passenger-aircraft operations (the 14 CFR references to operating 
manuals and FAA approval) that do not exist in the current Sec.  
175.310. However these requirements always applied to the operator via 
14 CFR even though they were not specifically mentioned in the HMR. 
References to a FAA Civil Aviation Security Field Office have been 
changed to the FAA Principal Operations Inspector as this is more 
appropriate.

Section 175.501 Special Requirements for Oxidizers and Compressed 
Oxygen

    We are proposing to move the stowage requirements applicable to the 
transportation of compressed oxygen that are currently found in 
Sec. Sec.  175.10(b), and 175.85(h) and (I), to a new section, Sec.  
175.501, entitled ``Special requirements for oxidizers and compressed 
oxygen''. However, we are not proposing any amendments to the 
requirements for the stowage of oxygen aboard aircraft.

Section 175.630 Special Requirements for Division 6.1 and Division 6.2 
Material

    No amendments are proposed for this section.

Sections 175.700; 175.701; 175.702; 175.703; 175.704; 175.705 
Transportation of Radioactive Materials Aboard Aircraft

    Sections 175.700, 175.701, 175.702, 175.703, 175.704, and 175.705 
of part 175 contain numerous provisions related to the transportation 
of radioactive materials aboard aircraft. In this NPRM, we have 
attempted to rewrite many of these provisions to facilitate 
understanding of these requirements. We are also proposing to remove 
requirements related to the carriage of radioactive materials with 
undeveloped film from these sections. However, except in the case of 
shipments with undeveloped film and separation distances for cargo 
aircraft, is not our intent to make any substantive revisions to 
Sec. Sec.  175.700, 175.701, 175.702, 175.703, 175.704, or 175.705. 
With regard to the separation distances from undeveloped film, we are 
proposing to remove them from the HMR. It is RSPA's belief that such 
requirements should not be part of a Federal regulations, but instead 
should be addressed by part contractual agreement between the shipper 
and the airline. We are also proposing to adopt the separation 
distances in the ICAO TI for shipments aboard cargo aircraft of greater 
than 50 TI. The following table identifies the existing requirements 
and where we are proposing to move them:

------------------------------------------------------------------------
           Existing requirement                 Proposed new  section
------------------------------------------------------------------------
175.75(a)(3)..............................  175.700(b).
175.700(a)................................  175.700(b) and (c).
175.700(b)................................  175.705(b) and (c).
175.700(c)................................  175.700(a).
175.700(d)................................  175.700(a).
175.701(a)................................  Removed, unnecessary.
175.701(b)(1).............................  175.701(c).
175.701(b)(2).............................  175.701(a).
175.701(b)(3).............................  175.701(b).
175.701(c)................................  175.701(d).
175.702(a)................................  175.702(b).
175.702(b) and (b)(1).....................  175.702(a).
175.702(b)(2)(i)..........................  175.702(a).
175.702(b)(2)(ii).........................  175.702(b).
175.702(b)(2)(iii)........................  175.702(c).
175.702(b)(2)(iv).........................  175.700(b)(2).
175.703(a)................................  Removed.
175.703(b)................................  175.703(a).
175.703(c)................................  175.703(b).
175.703(d)................................  175.700(a).
175.703(e)................................  Removed, already covered by
                                             Sec.   173.441.
175.704...................................  Only editorial changes made
                                             to this section.
175.705(a)................................  175.705(a).
175.705(b)................................  175.705(a).
------------------------------------------------------------------------

    The Federal hazardous materials transportation law addresses 
ionizing radiation material transportation. (49 U.S.C. 5114.) That 
section states that the material may be transported on a passenger-
carrying aircraft in air commerce only if the material is intended for 
use in, or incident to, research or medical diagnosis or treatment; and 
does not present an unreasonable hazard to health and safety when being 
prepared for, and during, transportation. Section 175.700 prohibits, in 
addition to other requirements, any person from carrying in a 
passenger-carrying aircraft any package required to be labeled in 
accordance with Sec.  172.403 with a Radioactive Yellow II or III 
label, unless certain provisions are met. In addition, Sec.  175.700 
(c) states that (except for limited quantities) no person shall carry 
any class 7 material aboard a passenger-carrying aircraft unless that 
material is intended for use in research, medical diagnosis, or 
treatment.
    In its comments to the ANPRM, ALPA indicated that the term 
``research'' as used in Sec.  175.700 should be clarified and stated, 
``ALPA strongly agrees with RSPA that `research' should be clarified to 
exclude `application of existing technology.' '' However, Airborne 
Express, ATA, and FedEx informed RSPA that they had no problems 
understanding or interpreting the term ``research'' as currently used 
in Sec.  175.700.
    It appears some persons have misused the definition of ``research'' 
to avoid the restrictions in Sec.  175.700. We do not consider research 
to include the application of existing technology to industrial 
endeavors. For example, the use of radioactive material (e.g., iridium-
192) to detect cracks in oil field pipelines is not research, but the 
application of existing scientific knowledge. Therefore, we are 
proposing to revise the definition of research in Sec.  171.8 to 
clearly indicate that it does not include the application of existing 
technology to industrial endeavors.

III. Miscellaneous Proposals to the HMR

1. Quantity Limits in Column (9) of the Hazardous Materials Table (HMT)

    Columns 9A and 9B of the Sec.  172.101 Hazardous Materials Table 
(HMT)

[[Page 65306]]

specify limitations on individual package quantities, or list packages 
that are forbidden from transportation by aircraft. Section 173.27 
specifies inner receptacle limits for combination packages. In an 
effort to enhance compliance, we are proposing to amend the heading for 
column 9 of the HMT to reference Sec. Sec.  173.27 and 175.75 as a 
reminder to comply with both section requirements for quantity 
limitations for transportation by aircraft.

2. Small Quantities, Limited Quantities and Consumer Commodities

    The HMR contain hazardous materials exceptions for small 
quantities, limited quantities, and consumer commodities. These 
exceptions allow materials to be transported at reduced levels of 
regulation. Small quantities of hazardous materials are excepted from 
all other requirements of the HMR, provided certain criteria in Sec.  
173.4 are met. Limited quantity exceptions in the HMR are based on the 
class of the hazardous material, and contain additional requirements 
for air transportation. Materials that meet the limited quantity 
exception and also meet the definition of a consumer commodity as 
provided by Sec.  171.8, may be renamed ``Consumer Commodity'' and 
reclassed as ORM-D. Consumer commodities are excepted from 
specification packaging, labeling, placarding and quantity limitations 
applicable to air transportation. As currently written, these 
exceptions allow small quantities and consumer commodities to be 
transported by aircraft even though they may contain hazardous 
materials otherwise forbidden aboard aircraft. These exceptions are 
inconsistent with the ICAO TI, which require that, before a hazardous 
material may be transported as an excepted quantity (i.e., small 
quantity or a limited quantity), it must be suitable for transportation 
aboard passenger aircraft. The ICAO TI also forbid the transportation 
of small quantities in checked and carry-on luggage.
    Based on the lack of supporting incident data, most commenters 
opposed the harmonization of the small quantity, limited quantity, and 
consumer commodity exceptions of the HMR with the much more stringent 
exceptions in ICAO. Three commenters support across-the-board 
harmonization of the HMR with ICAO. ATA stated while a majority of 
their members support harmonization with ICAO, some want dual authority 
for domestic shipments. The Dangerous Goods Advisory Council (DGAC) and 
Fisher Scientific stated that they would like to see RSPA petition ICAO 
to harmonize with the HMR.
    Fisher Scientific expressed concern regarding the possibility of 
changing the small quantity exception in the HMR to align it with the 
ICAO TI. According to Fisher Scientific, it has made substantial 
investments to upgrade its computer classification program for shipment 
of hazardous materials using this small quantity exception. Fisher 
Scientific stated, ``* * * to arbitrarily change the regulations merely 
to perform some form of `alignment' with another organization's 
regulations, even the ICAO TI, when such an alignment will neither 
improve safety nor facilitate commerce, we find unacceptable.''
    We concur with those commenters who stated that the limited 
quantity authorizations in the HMR should not be revised across-the-
board to be consistent with the ICAO TI. However, we are proposing to 
eliminate an inadvertent provision of the HMR that allows the 
transportation of hazardous materials forbidden aboard aircraft to be 
transported aboard aircraft as either ORM-D material or small quantity 
material. In addition, we are proposing, for transportation by aircraft 
only, to adopt the ICAO TI provision that requires shipments of limited 
quantities to comply with the passenger aircraft net quantity 
limitation in the HMT. In this rulemaking we are proposing to amend all 
of the limited quantity sections of the HMR (e.g., Sec.  173.150) by 
stating that, for transportation by aircraft, only hazardous materials 
authorized aboard passenger-carrying aircraft may be transported as a 
limited quantity. In addition, we are proposing to amend Sec.  173.4 
(small quantities) to limit those small quantity materials that can be 
transported aboard aircraft to those that are allowed aboard passenger-
carrying aircraft. We are also proposing, consistent with the ICAO 
Technical Instructions, to forbid the transportation of small 
quantities of hazardous materials in carry-on or checked baggage.

3. Section 173.7

    We are proposing to move the exception that currently appears in 
Sec.  175.5(a)(2), related to an aircraft under the exclusive direction 
and control of a government, and move it to Sec.  173.7. We are also 
proposing to modify the exception by making it an exception from the 
``subchapter'' and not solely an exception from part 175.

4. Section 173.217

    In the proposed revision of Sec.  175.10, we would maintain the 
exception for dry ice in checked and carry-on baggage and move into the 
new proposed Sec.  175.8 the exception for dry ice in airline food 
service. However, in order to retain the 2.3 kg (5.0 pounds) exception 
for the shipment of dry ice as cargo/freight, we are proposing to move 
this exception from Sec.  175.10 to a new paragraph (f) in Sec.  
173.217.

IV. Rulemaking Analysis and Notices

A. Executive Order 12866 and DOT Regulatory Policies and Procedures

    This proposed rule, if adopted, would not be considered a 
significant regulatory action under section 3(f) of Executive Order 
12866 and, therefore, was not subject to formal review by the Office of 
Management and Budget. This proposed rule is not considered significant 
under the Regulatory Policies and Procedures of the Department of 
Transportation (44 FR 11034). Due to the minimal economic impact of 
this proposed rulemaking, preparation of a regulatory evaluation is not 
warranted.

B. Executive Order 13132

    This proposed rule has been analyzed in accordance with the 
principles and criteria contained in Executive Order 13132 
(``Federalism''). This proposed rule would preempt State, local, and 
Indian tribe requirements but does not propose any regulation that has 
substantial direct effects on the States, the relationship between the 
national government and the States, or the distribution of power and 
responsibilities among the various levels of government. Therefore, the 
consultation and funding requirements of Executive Order 13132 do not 
apply.
    The Federal hazardous materials transportation law, 49 U.S.C. 5101-
5127, contains an express preemption provision (49 U.S.C. 5125(b)) that 
preempts State, local, and Indian tribe requirements on the following 
subjects:
    (1) The designation, description, and classification of hazardous 
materials;
    (2) The packing, repacking, handling, labeling, marking, and 
placarding of hazardous materials;
    (3) The preparation, execution, and use of shipping documents 
related to hazardous materials and requirements related to the number, 
contents, and placement of those documents;
    (4) The written notification, recording, and reporting of the 
unintentional release in transportation of hazardous material; or
    (5) The design, manufacture, fabrication, marking, maintenance, 
recondition, repair, or testing of a packaging or container 
represented, marked, certified, or sold as qualified for use in 
transporting hazardous material.

[[Page 65307]]

    This proposed rule addresses subject areas 2, 3, and 4 above. If 
adopted as final, this rule would preempt any state, local, or Indian 
tribe requirements concerning these subjects unless the non-Federal 
requirements are ``substantively the same'' as the Federal 
requirements. This rule is necessary to update and clarify the 
hazardous materials transportation requirements by aircraft which will 
enhance future compliance.
    Federal hazardous materials transportation law provides at Sec.  
5125(b)(2) that, if DOT issues a regulation concerning any of the 
covered subjects, DOT must determine and publish in the Federal 
Register the effective date of Federal preemption. The effective date 
may not be earlier than the 90th day following the date of issuance of 
the final rule and not later than two years after the date of issuance. 
RSPA proposes that the effective date of Federal preemption will be 90 
days from publication of a final rule in this matter in the Federal 
Register.

C. Executive Order 13175

    This proposed rule has been analyzed in accordance with the 
principles and criteria contained in Executive Order 13175 
(``Consultation and Coordination with Indian Tribal Governments''). 
Because this proposed rule does not have tribal implications and does 
not impose direct compliance costs, the funding and consultation 
requirements of Executive Order 13175 do not apply.

D. Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601-611) requires each 
agency to analyze proposed regulations and assess their impact on small 
businesses and other small entities to determine whether the proposed 
rule is expected to have a significant impact on a substantial number 
of small entities. The provisions of this proposal would apply to 
aircraft operators. The Small Business Administration criterion 
specifies an aircraft operator/carrier is ``small'' if it has 1,500 or 
fewer employees. For this rule, small entities are part 121 and part 
135 aircraft operators/carriers approved to carry hazardous materials, 
with 1,500 or fewer employees. We identified 729 aircraft operators/
carriers meeting this standard. We estimated that the cost to the 
airline industry under this rule will be nominal. While maintaining 
safety, this proposed rule would relax certain requirements applicable 
to aircraft operators and would clarify existing provisions. Therefore, 
RSPA certifies that this proposed rule would not have a significant 
economic impact on a substantial number of small entities.

E. Unfunded Mandates Reform Act of 1995

    This proposed rule would not impose unfunded mandates under the 
Unfunded Mandates Reform Act of 1995. It would not, if adopted, result 
in costs of $120.7 million or more, in the aggregate, to any of the 
following: State, local, or Native American tribal governments, or the 
private sector.

F. Paperwork Reduction Act

    RSPA believes that this proposed rule will not impose any new 
information collection burden. Section 1320.8(d), Title 5, Code of 
Federal Regulations requires that RSPA provide interested members of 
the public and affected agencies an opportunity to comment on 
information collection and recordkeeping requests. We currently have 
approved information collections under OMB No. 2137-0034, ``Hazardous 
Materials Shipping Papers and Emergency Response Information'' which 
expires April 30, 2006, and OMB No. 2137-0557, ``Approvals for 
Hazardous Materials'' which expires December 31, 2005. This notice 
identifies only editorial revisions proposed as section designation 
changes, to these approved information collections. RSPA will submit 
the revised information collection requests for editorial revisions as 
proposed changes in section designations to OMB for approval based on 
the requirements in this proposed rule.
    RSPA specifically requests comments on the information collection 
and recordkeeping burdens associated with developing, implementing, and 
maintaining these requirements for approval under this proposed rule.
    Requests for a copy of the information collection should be 
directed to Deborah Boothe or T. Glenn Foster, Office of Hazardous 
Materials Standards (DHM-10), Research and Special Programs 
Administration, Room 8102, 400 Seventh Street, SW., Washington, DC 
20590-0001, Telephone (202) 366-8553.
    Written comments should be addressed to the Docket Management 
System as identified in the ADDRESSES section of this rulemaking. 
Comments should be received prior to the close of the comment period 
identified in the DATES section of this rulemaking. In addition, you 
may submit comments specifically related to the information collection 
burden to the RSPA Desk Officer, Office of management and Budget (OMB) 
at fax number, (202) 395-6974. Under the Paperwork Reduction Act of 
1995, no person is required to respond to or comply with an information 
collection requirement unless it displays a valid OMB control number.

G. Regulation Identifier Number (RIN)

    A regulation identifier number (RIN) is assigned to each regulatory 
action listed in the Unified Agenda of Federal Regulations. The 
Regulatory Information Service Center publishes the Unified Agenda in 
April and October of each year. The RIN number contained in the heading 
of this document may be used to cross-reference this action with the 
Unified Agenda.

H. Environmental Assessment

    The National Environmental Policy Act of 1969 (NEPA), as amended 
(42 U.S.C. 4321-4347), requires Federal agencies to consider the 
consequences of major Federal actions and prepare a detailed statement 
on actions significantly affecting the quality of the human 
environment. There are no significant environmental impacts associated 
with this proposed rule. RSPA proposes changes to the requirements in 
the HMR on the transportation of hazardous materials by aircraft. The 
purpose of this rulemaking is to modify or clarify requirements to 
promote safer transportation practices; promote compliance and 
enforcement; eliminate unnecessary regulatory requirements; convert 
certain exemptions into regulations of general applicability; finalize 
outstanding petitions for rulemaking; facilitate international 
commerce; and make these requirements easier to understand. Interested 
parties are invited to review the Preliminary Environmental Assessment 
available in the docket and to comment on what environmental impact, if 
any, the proposed regulatory changes would have.

I. Privacy Act

    Anyone is able to search the electronic form all comments received 
into any of our dockets by the name of the individual submitting the 
comments (or signing the comment, if submitted on behalf of an 
association, business, labor union, etc.). You may review DOT's 
complete Privacy Act Statement in the Federal Register published on 
April 11, 2000 (Volume 65, Number 70; Pages 19477-78) or you may visit 
http://dms.dot.gov.

List of Subjects

49 CFR Part 171

    Exports, Hazardous materials transportation, Hazardous waste, 
Imports, Incorporation by reference,

[[Page 65308]]

Reporting and recordkeeping requirements.

49 CFR Part 172

    Education, Hazardous materials transportation, Hazardous waste, 
Labeling, Markings, Packaging and containers, Reporting and 
recordkeeping requirements.

49 CFR Part 173

    Hazardous materials transportation, Packaging and containers, 
Radioactive materials, Reporting and recordkeeping requirements, 
Uranium.

49 CFR Part 175

    Air carriers, Hazardous materials transportation, Radioactive 
materials, Reporting and recordkeeping requirements.

    In consideration of the foregoing, 49 CFR chapter I would be 
amended as follows:

PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS

    1. The authority citation for part 171 continues to read as 
follows:

    Authority: 49 U.S.C. 5101-5127, 44701; 49 CFR 1.45 and 1.53; 
Pub. L. 101-410 section 4 (28 U.S.C. 2641 note); Pub. L. 104-134, 
section 31001.

    2. In Sec.  171.8, the definition of ``research'' is revised to 
read as follows:


Sec.  171.8  Definitions and abbreviations.

* * * * *
    Research means investigation or experimentation aimed at the 
discovery of new theories or laws and the discovery and interpretation 
of facts or revision of accepted theories or laws in the light of new 
facts. Research does not include the application of existing technology 
to industrial endeavors.
* * * * *

PART 172--HAZARDOUS MATERIALS TABLE, SPECIAL PROVISIONS, HAZARDOUS 
MATERIALS COMMUNICATIONS, EMERGENCY RESPONSE INFORMATION, AND 
TRAINING REQUIREMENTS

    3. The authority citation for part 172 continues to read as 
follows:

    Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.


Sec.  172.101  [Amended]

    4. In Sec.  172.101, in the Hazardous Materials Table, the heading 
for column (9) is revised to read ``(9) Quantity limitations (see 
Sec. Sec.  173.27 and 175.75)''.
    5. In Sec.  172.101, the Hazardous Materials Table, the entry in 
column (7) for Air, compressed is revised by adding ``A59'', and, the 
entry in column (8A) is revised by adding ``307''.
    6. In Sec.  172.101, the Hazardous Materials Table, the entry in 
column (7) for Nitrogen, compressed is revised by adding ``A59'', and, 
the entry in column (8A) is revised by adding ``307''.
    7. In Sec.  172.101, the Hazardous Materials Table, the column (2) 
is revised by adding the entry ``Tires and tire assemblies, see Air, 
compressed or Nitrogen, compressed''.
    8. In Sec.  172.102, in paragraph (c)(2), special provision ``A59'' 
is added to read as follows:


Sec.  172.102  Special Provisions

* * * * *
    (c) * * *
    (2) * * *

Code/Special Provisions

* * * * *
    A59 A tire assembly with a serviceable tire is not subject to the 
requirements of this subchapter 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 of this subchapter if it is completely deflated.
* * * * *

PART 173-SHIPPERS--GENERAL REQUIREMENTS FOR SHIPMENTS AND 
PACKAGINGS

    9. The authority citation for part 173 continues to read as 
follows:

    Authority: 49 U.S.C. 5101-5127, 44701; 49 CFR 1.45, 1.53.

    10. In Sec.  173.4, paragraph (a)(9) and (a)(10) are redesignated 
as paragraphs (a)(10) and (a)(11) respectively and new paragraph (a)(9) 
is added to read as follows:


Sec.  173.4  Small quantity exceptions.

    (a) * * *
    (9) For transportation by aircraft:
    (i) The hazardous material must be authorized to be carried aboard 
passenger-carrying aircraft;
    (ii) The hazardous material is not authorized to be carried in 
checked or carry-on baggage.
* * * * *
    11. In Sec.  173.7, the section heading is revised and a new 
paragraph (f) is added to read as follows:


Sec.  173.7  Government operations and materials.


* * * * *
    (f) The requirements of this subchapter do not apply to shipments 
of hazardous materials carried aboard an aircraft that is not owned by 
a government or engaged in carrying persons or property for commercial 
purposes, but is under the exclusive direction and control of the 
government for a period of not less than 90 days as specified in a 
written contract or lease. An aircraft is under the exclusive direction 
and control of a government when the government exercises 
responsibility for:
    (i) Approving crew members and determining that they are qualified 
to operate the aircraft;
    (ii) Determining the airworthiness and directing maintenance of the 
aircraft; and
    (iii) Dispatching the aircraft, including the times of departure, 
airports to be used, and type and amount of cargo to be carried.
    12. In Sec.  173.27, in paragraph (a), the second sentence is 
revised to read as follows:


Sec.  173.27  General requirements for transportation by aircraft.

    (a) * * * Unless the material is otherwise excepted from the 
performance packaging requirements in subpart E of this part, a 
packaging containing a Packing Group III material that has a subsidiary 
risk of Division 4.1, 4.2, 4.3, 5.1 or Class 8 must meet the Packing 
Group II performance level when offered or intended for transportation 
by aircraft.
* * * * *
    13. In Sec.  173.63, the introductory text in paragraph (b)(1), is 
revised to read as follows:


Sec.  173.63  Packaging exceptions.

* * * * *
    (b) * * *
    (1) Cartridges, small arms, and cartridges power devices (which are 
used to project fastening devices) which have been classed as a 
Division 1.4S explosive may be reclassed, offered for transportation, 
and transported as ORM-D material when packaged in accordance with 
paragraph (b)(2) of this section. For transportation by aircraft, the 
package must also comply with the applicable requirements of Sec.  
173.27 of this subchapter. Such transportation is excepted from the 
requirements of subparts E (Labeling) and F (Placarding) of part 172 of 
this subchapter. Cartridges, small arms, and cartridges

[[Page 65309]]

power devices that may be shipped as ORM-D material is limited to:
* * * * *
    14. In Sec.  173.150, the introductory text in paragraph (b) is 
revised to read as follows:


Sec.  173.150  Exceptions for Class 3 (flammable) and combustible 
liquids.

* * * * *
    (b) Limited quantities. Limited quantities of flammable liquids 
(Class 3) and combustible liquids are excepted from labeling 
requirements, unless offered for transportation or transported by 
aircraft, and the specification packaging requirements of this 
subchapter when packaged in combination packagings according to this 
paragraph. For transportation by aircraft, the package must also comply 
with the applicable requirements of Sec.  173.27 of this subchapter; 
the net quantity per package may not exceed the quantity specified in 
column (9A) of the Hazardous Materials Table in Sec.  172.101 of this 
subchapter; and only hazardous materials authorized aboard passenger-
carrying aircraft may be transported as a limited quantity. In 
addition, shipments of limited quantities are not subject to subpart F 
(Placarding) of part 172 of this subchapter. Each package must conform 
to the packaging requirements of subpart B of this part and may not 
exceed 30 kg (66 pounds) gross weight. The following combination 
packagings are authorized:
* * * * *
    15. In Sec.  173.151, the introductory text in paragraphs (b) and 
(d) is revised to read as follows:


Sec.  173.151  Exceptions for Class 4.

* * * * *
    (b) Limited quantities of Division 4.1 flammable solids. Limited 
quantities of flammable solids (Division 4.1) in Packing Groups II and 
III are excepted from labeling, unless offered for transportation or 
transported by aircraft, and the specification packaging requirements 
of this subchapter when packaged in combination packagings according to 
this paragraph. For transportation by aircraft, the package must also 
comply with the applicable requirements of Sec.  173.27 of this 
subchapter; the net quantity per package may not exceed the quantity 
specified in column (9A) of the Hazardous Materials Table in Sec.  
172.101 of this subchapter; and only hazardous materials authorized 
aboard passenger-carrying aircraft may be transported as a limited 
quantity. In addition, shipments of limited quantities are not subject 
to subpart F (Placarding) of part 172 of this subchapter. Each package 
must conform to the packaging requirements of subpart B of this part 
and may not exceed 30 kg (66 pounds) gross weight. The following 
combination packagings are authorized:
    (d) Limited quantities of Division 4.3 (dangerous when wet) 
material. Limited quantities of Division 4.3 (dangerous when wet) 
solids in Packing Groups II and III are excepted from labeling, unless 
offered for transportation or transported by aircraft, and the 
specification packaging requirements of this subchapter when packaged 
in combination packagings according to this paragraph. For 
transportation by aircraft, the package must also comply with the 
applicable requirements of Sec.  173.27 of this subchapter; the net 
quantity per package may not exceed the quantity specified in column 
(9A) of the Hazardous Materials Table in Sec.  172.101 of this 
subchapter; and only hazardous materials authorized aboard passenger-
carrying aircraft may be transported as a limited quantity. In 
addition, shipments of limited quantities are not subject to subpart F 
(Placarding) of part 172 of this subchapter. Each package must conform 
to the packaging requirements of subpart B of this part and may not 
exceed 30 kg (66 pounds) gross weight. The following combination 
packagings are authorized:
* * * * *
    16. In Sec.  173.152, the introductory text in paragraph (b) is 
revised to read as follows:


Sec.  173.152  Exceptions for Division 5.1 (oxidizers) and Division 5.2 
(organic peroxides).

* * * * *
    (b) Limited quantities. Limited quantities of oxidizers (Division 
5.1) in Packing Groups II and III and organic peroxides (Division 5.2) 
are excepted from labeling, unless offered for transportation or 
transported by aircraft, and the specification packaging requirements 
of this subchapter when packaging in combination packagings according 
to this paragraph. For transportation by aircraft, the package must 
also comply with the applicable requirements of Sec.  173.27 of this 
subchapter; the net quantity per package may not exceed the quantity 
specified in column (9A) of the Hazardous Materials Table in Sec.  
172.101 of this subchapter; and only hazardous materials authorized 
aboard passenger-carrying aircraft may be transported as a limited 
quantity. In addition, shipments of these limited quantities are not 
subject to subpart F of part 172 (Placarding) of this subchapter. Each 
package must conform to the packaging requirements of subpart B of this 
part and may not exceed 30 kg (66 pounds) gross weight. The following 
combination packagings are authorized.
    17. In Sec.  173.153, the introductory text in paragraph (b) is 
revised to read as follows:


Sec.  173.153  Exceptions for Division Class 6.1 (poisonous materials).

* * * * *
    (b) Limited quantities of Division 6.1 materials. The exceptions in 
this paragraph do not apply to poison-by-inhalation materials limited 
quantities of poisonous materials (Division 6.1) in Packing Group III 
are excepted from the specification packaging requirements of this 
subchapter when packaged in combination packagings according to this 
paragraph. For transportation by aircraft, the package must also comply 
with the applicable requirements of Sec.  173.27 of this subchapter; 
the net quantity per package may not exceed the quantity specified in 
column (9A) of the Hazardous Materials Table in Sec.  172.101 of this 
subchapter; and only hazardous materials authorized aboard passenger-
carrying aircraft may be transported as a limited quantity. In 
addition, shipments of these limited quantities are not subject to 
subpart F of part 172 (Placarding) of this subchapter. Each package 
must conform to the packaging requirements of subpart B of this part 
and may not exceed 30 kg (66 pounds) gross weight. The following 
combination packagings are authorized:
* * * * *
    18. In Sec.  173.154, the introductory text in paragraph (b) is 
revised to read as follows:


Sec.  173.154  Exceptions for Class 8 (corrosive materials).

* * * * *
    (b) Limited quantities. Limited quantities of corrosive materials 
(Class 8) in Packing Groups II and III are excepted from labeling, 
unless offered for transportation or transported by aircraft, and the 
specification packaging requirements of this subchapter when packaged 
in combination packagings according to this paragraph. For 
transportation by aircraft, the package must also comply with the 
applicable requirements of Sec.  173.27 of this subchapter; the net 
quantity per package may not exceed the quantity specified in column 
(9A) of the Hazardous Materials Table in Sec.  172.101 of this 
subchapter; and only hazardous materials authorized aboard passenger-
carrying aircraft may be transported as a limited quantity. In 
addition, shipments of these limited quantities are not subject to

[[Page 65310]]

subpart F (Placarding) of part 172 of this subchapter. Each package 
must conform to the packaging requirements of subpart B of this part 
and may not exceed 30 kg (66 pounds) gross weight. The following 
combination packagings are authorized:
* * * * *
    19. In Sec.  173.155, the introductory text in paragraph (b) is 
revised to read as follows:


Sec.  173.155  Exceptions for Class 9 (miscellaneous hazardous 
materials).

* * * * *
    (b) Limited quantities. Limited quantities of miscellaneous 
hazardous materials (Class 9) are excepted from labeling, unless 
offered for transportation or transported by aircraft, and the 
specification packaging requirements of this subchapter when packaged 
in combination packagings according to this paragraph. For 
transportation by aircraft, the package must also comply with the 
applicable requirements of Sec.  173.27 of this subchapter; the net 
quantity per package may not exceed the quantity specified in column 
(9A) of the Hazardous Materials Table in Sec.  172.101 of this 
subchapter; and only hazardous materials authorized aboard passenger-
carrying aircraft may be transported as a limited quantity. In 
addition, shipments of these limited quantities are not subject to 
subpart F (Placarding) of part 172 of this subchapter. Each package 
must conform to the packaging requirements of subpart B of this part 
and may not exceed 30 kg (66 pounds) gross weight. The following 
combination packagings are authorized:
* * * * *
    20. In Sec.  173.217, a new paragraph (f) is added to read as 
follows:


Sec.  173.217  Carbon dioxide, solid (dry ice).

* * * * *
    (f) Carbon dioxide, solid (dry ice), when offered or transported by 
aircraft, in quantities not exceeding 2.3 kg (5.07 pounds) per package 
and used as a refrigerant for the contents of the package is excepted 
from all other requirements of this subchapter if the requirements of 
paragraphs (a) and (d) of this section are complied with and the 
package is marked ``Carbon dioxide, sold'' or ``Dry ice'', marked with 
the name of the contents being cooled, and marked with the net weight 
of the dry ice or an indication that the net weight is 2.3 kg (5.0 
pounds) or less.
    21. In Sec.  173.220, paragraph (b)(4)(iii) is revised to read as 
follows:


Sec.  173.220  Internal combustion engines, self-propelled vehicles, 
mechanical equipment containing internal combustion engines, and 
battery powered vehicles or equipment.

* * * * *
    (b) * * *
    (4) * * *
    (iii) For transportation by aircraft, when carried in aircraft 
designed or modified for vehicle ferry operations and when all of the 
following conditions are met:
    (A) Authorization for this type of operation has been given by the 
appropriate authority in the government of the country in which the 
aircraft is registered;
    (B) Each vehicle is secured in an upright position;
    (C) Each fuel tank is filled in a manner and only to a degree that 
will preclude spillage of fuel during loading, unloading, and 
transportation; and
    (D) Each area or compartment in which a self-propelled vehicle is 
being transported is suitably ventilated to prevent the accumulation of 
fuel vapors.
    22. In Sec.  173.306, the introductory text in paragraphs (a), (b), 
and (h) is revised to read as follows:


Sec.  173.306  Limited quantities of compressed gases.

* * * * *
    (a) Limited quantities of compressed gases for which exceptions are 
permitted as noted by reference to this section in Sec.  172.101 of 
this subchapter are excepted from labeling, except when offered for 
transportation or transported by air, and, unless required as a 
condition of the exception, and specification packaging requirements of 
this subchapter when packaged in accordance with the following 
paragraphs. For transportation by aircraft, the package must also 
comply with the applicable requirements of Sec. Sec.  172.402(c) and 
173.27 of this subchapter; the net quantity per package may not exceed 
the quantity specified in column (9A) of the Hazardous Materials Table 
in Sec.  172.101 of this subchapter; and only hazardous materials 
authorized aboard passenger-carrying aircraft may be transported as a 
limited quantity. In addition, shipments are not subject to subpart F 
(Placarding) of part 172 of this subchapter, to part 174 of this 
subchapter except Sec.  174.24 and to part 177 of this subchapter 
except Sec.  177.817. Each package may not exceed 30 kg (66 pounds) 
gross weight.
    The following is authorized:
* * * * *
    (b) Exceptions for foodstuffs, soap, biologicals, electronic tubes, 
and audible fire alarm systems. Limited quantities of compressed gases, 
(except Division 2.3 gases) for which exceptions are provided as 
indicated by reference to this section in Sec.  172.101 of this 
subchapter, when accordance with one of the following paragraphs are 
excepted from labeling, except when offered for transportation or 
transported by aircraft, and the specification packaging requirements 
of this subchapter. For transportation by aircraft, the package must 
comply with the applicable requirements of Sec. Sec.  172.402(c) and 
173.27 of this subchapter; the net quantity per package may not exceed 
the quantity specified in column (9A) of the Hazardous Materials Table 
in Sec.  172.101 of this subchapter; and only hazardous materials 
authorized aboard passenger-carrying aircraft may be transported as a 
limited quantity. In addition, shipments are not subject to subpart F 
(Placarding) of part 172 of this subchapter, to part 174 of this 
subchapter, except Sec.  174.24 and to part 177 of this subchapter, 
except Sec.  177.817. Special exceptions for shipment of certain 
compressed gases in the ORM-D class are provided in paragraph (h) of 
this section.
    The following are authorized:
* * * * *
    (h) A limited quantity which conforms to the provisions of 
paragraphs (a)(1), (a)(3), or (b) of this section and is a ``Consumer 
Commodity'' as defined in Sec.  171.8 of this subchapter, may be 
renamed ``Consumer Commodity'' and reclassed as ``ORM-D'' material. For 
transportation by aircraft, only hazardous materials authorized aboard 
passenger-carrying aircraft may be renamed ``Consumer Commodity'' and 
reclassed ``ORM-D.'' Each package may not exceed 30 kg (66 pounds) 
gross weight. In addition to the exceptions provided by paragraphs (a) 
and (b) of this section:
    23. In Sec.  173.307, paragraph (a)(2) is revised to read as 
follows:


Sec.  173.307  Exceptions for compressed gases.

* * * * *
    (a) * * *
    (2) Tires when inflated to pressures not greater than their rated 
inflation pressures. For transportation by air, tires and tire 
assemblies must meet the conditions in special provision A59 of Sec.  
172.102 of this subchapter.

PART 175--CARRIAGE BY AIRCRAFT

    24. Part 175 is revised to read as follows:

[[Page 65311]]

PART 175--CARRIAGE BY AIRCRAFT

Subpart A--General Information and Regulations
Sec.
175.1 Purpose, scope and applicability.
175.3 Unacceptable hazardous materials shipments.
175.8 Exceptions for operator equipment and supplies.
175.9 Exceptions for special aircraft operations.
175.10 Exceptions for passengers and crewmembers.
175.20 Compliance and training.
175.25 Notification at air passenger facilities of hazardous 
materials restrictions.
175.26 Notification at cargo facilities of hazardous materials 
requirements.
175.30 Inspecting shipments.
175.31 Reports of discrepancies.
175.33 Shipping paper and notification of pilot-in-command.
Subpart B--Loading, Unloading and Handling
175.75 Quantity limitations and cargo location.
175.78 Stowage compatibility of cargo.
175.88 Inspection, orientation and securing of packages of hazardous 
materials.
175.90 Damaged shipments.
Subpart C--Specific Regulations Applicable According to Classification 
of Material
175.310 Transportation of flammable liquid fuel; aircraft only means 
of transportation.
175.501 Special requirements for oxidizers and compressed oxygen.
175.630 Special requirements for Division 6.1 and Division 6.2 
material.
175.700 Special limitations and requirements for Class 7 materials.
175.701 Separation distance requirements for packages containing 
Class 7 (radioactive) materials in passenger-carrying aircraft.
175.702 Separation distance requirements for packages containing 
Class 7 (radioactive) materials in cargo aircraft.
175.703 Other special requirements for the acceptance and carriage 
of packages containing Class 7 materials.
175.704 Plutonium shipments.
175.705 Inspecting for radioactive contamination and incidents 
involving radioactive contamination.

    Authority: 49 U.S.C. 5101-5127, 44701; 49 CFR 1.45 and 1.53.

Subpart A--General Information and Regulations


Sec.  175.1  Purpose, scope and applicability.

    (a) This part prescribes requirements that apply to the 
transportation of hazardous materials in commerce aboard (including 
attached to or suspended from) aircraft. The requirements in this part 
are in addition to other requirements contained in parts 171, 172, 173, 
178, and 180 of this subchapter.
    (b) This part applies to the offering, acceptance, and 
transportation of hazardous materials in commerce by aircraft to, from, 
or within the United States, and to any aircraft of United States 
registry anywhere in air commerce. This subchapter applies to any 
person who performs, attempts to perform, or is required to perform any 
function subject to this subchapter, including--
    (1) Air carriers, indirect air carriers, and freight forwarders and 
their flight and non-fight employees, agents, subsidiary and contract 
personnel (including cargo, passenger and baggage acceptance, handling, 
loading and unloading personnel); and
    (2) Air passengers that carry any hazardous material on their 
person or in their carry-on or checked baggage.
    (c) The requirements of this subchapter do not apply to shipments 
of hazardous materials carried aboard an aircraft that is not owned by 
a government or engaged in carrying persons or property for commercial 
purposes, but is under the exclusive direction and control of the 
government for a period of not less than 90 days as specified in a 
written contract or lease. An aircraft is under the exclusive direction 
and control of a government when the government exercises 
responsibility for:
    (i) Approving crew members and determining that they are qualified 
to operate the aircraft;
    (ii) Determining the airworthiness and directing maintenance of the 
aircraft; and
    (iii) Dispatching the aircraft, including the times of departure, 
airports to be used, and type and amount of cargo to be carried.


Sec.  175.3  Unacceptable hazardous materials shipments.

    A hazardous material that is not prepared for shipment in 
accordance with this subchapter may not be offered or accepted for 
transportation or transported aboard an aircraft.


Sec.  175.8  Exceptions for operator equipment and supplies.

    (a) This subchapter does not apply to hazardous materials that are 
required for the propulsion of the aircraft, required for the operation 
of aircraft equipment, or required aboard an aircraft in accordance 
with the applicable airworthiness requirements and operating 
regulations.
    (b) Items of replacement (spares, company material (COMAT) for 
hazardous materials described in paragraph (a) of this section must be 
transported in accordance with this subchapter. When an operator 
transports its own replacement items, the following exceptions apply:
    (1) In place of required packagings, packagings specifically 
designed for the transport of aircraft spares and supplies may be used, 
provided such packagings provide at least an equivalent level of 
protection to those that would be required by this subchapter.
    (2) Aircraft batteries are not subject to quantity limitations such 
as those provided in Sec.  172.101 or Sec.  175.75(a) of this 
subchapter.
    (c) This subchapter does not apply to 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.
    (d) This subchapter does not apply to dry ice (carbon dioxide, 
solid) intended for use by the operator in food and beverage service 
aboard the aircraft.
    (e) This subchapter does not apply to 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.


Sec.  175.9  Exceptions for special aircraft operations.

    This subchapter does not apply to the following materials used for 
special aircraft operations when applicable FAA operator requirements 
have been met, including training operator personnel on the proper 
handling and stowage of the hazardous materials carried:
    (a) Hazardous materials loaded and carried in hoppers or tanks of 
aircraft certificated for use in aerial seeding, dusting spraying, 
fertilizing, crop improvement, or pest control, to be dispensed during 
such an operation.
    (b) Parachute activation devices, lighting equipment, oxygen 
cylinders, flotation devices, smoke grenades, flares, or similar 
devices carried during a parachute operation.
    (c) Smoke grenades, flares, and pyrotechnic devices affixed to 
aircraft during any flight conducted as part of a scheduled air show or 
exhibition of aeronautical skill. The aircraft may not carry any 
persons other than required flight crewmembers. The affixed

[[Page 65312]]

installation accommodating the smoke grenades, flares, or pyrotechnic 
devices on the aircraft must be approved for its intended use by the 
FAA Flight Standards District Office having responsibility for that 
aircraft.
    (d) Hazardous materials that are carried and used during dedicated 
air ambulance, fire fighting, or search and rescue operations.
    (e) A transport incubator unit necessary to protect life or an 
organ preservation unit necessary to protect human organs, carried in 
the aircraft cabin, provided:
    (i) The compressed gas used to operate the unit is in an authorized 
DOT specification cylinder and is marked, labeled, filled, and 
maintained as prescribed by this subchapter;
    (ii) Each battery used is of the nonspillable type;
    (iii) The unit is constructed so that valves, fittings, and gauges 
are protected from damage;
    (iv) The pilot-in-command is advised when the unit is on board, and 
when it is intended for use;
    (v) The unit is accompanied by a person qualified to operate it;
    (vi) The unit is secured in the aircraft in a manner that does not 
to restrict access to or use of any required emergency or regular exit 
or of the aisle in the passenger compartment; and,
    (vii) Smoking within 3 m (10 feet) of the unit is prohibited.
    (f) Hazardous materials which are loaded and carried on or in cargo 
only aircraft, and which are to be dispensed or expended during flight 
for weather control, environmental restoration or protection, forest 
preservation and protection, fire fighting and prevention, flood 
control, or avalanche control purposes, when the following requirements 
are met:
    (1) Operations may not be conducted over densely populated areas, 
in a congested airway, or near any airport where carrier passenger 
operations are conducted.
    (2) Each operator shall prepare and keep current a manual 
containing operational guidelines and handling procedures, for the use 
and guidance of flight, maintenance, and ground personnel concerned in 
the dispensing or expending of hazardous materials. The manual must be 
approved by the FAA Principal Operations Inspector assigned to the 
operator.
    (3) No person other than a required flight crewmember, FAA 
inspector, or person necessary for handling or dispensing the hazardous 
material may be carried on the aircraft.
    (4) The operator of the aircraft must have advance permission from 
the owner of any airport to be used for the dispensing or expending 
operation.
    (5) When dynamite and blasting caps are carried for avalanche 
control flights, the explosives must be handled by, and at all times be 
under the control of, a qualified blaster. When required by a State or 
local authority, the blaster must be licensed and the State or local 
authority must be identified in writing to the FAA Principal Operations 
Inspector assigned to the operator.


Sec.  175.10  Exceptions for passengers and crewmembers.

    (a) This subchapter does not apply to the following hazardous 
materials when carried by aircraft passengers or crewmembers provided 
the requirements of this section are met:
    (1)(i) Non-radioactive medicinal and toilet articles for personal 
use (including aerosols) carried in carry-on and checked baggage;
    (ii) Other aerosols in Div. 2.2 (nonflammable gas) with no 
subsidiary risk carried in checked baggage only; and
    (iii) The aggregate quantity of these hazardous materials carried 
by each person may not exceed 2 kg (70 ounces) by mass or 2 L (68 fluid 
ounces) by volume and the capacity of each container may not exceed 0.5 
kg (18 ounces) by mass or 500 ml (17 fluid ounces) by volume.
    (2) Safety matches or a lighter intended for use by an individual 
when carried on one's person or in carry-on baggage only. Lighter fuel, 
lighter refills, and lighters containing unabsorbed liquid fuel (other 
than liquefied gas) are not permitted on one's person or in carry-on or 
checked baggage.
    (3) Implanted medical devices in humans or animals that contain 
hazardous materials, such as a heart pacemaker containing Class 7 
(radioactive) material or lithium batteries; and radiopharmaceuticals 
that have been injected or ingested.
    (4) Alcoholic beverages containing:
    (i) Not more than 24% alcohol by volume; or
    (ii) More than 24% and not more than 70% alcohol by volume when in 
unopened retail packagings not exceeding 5 liters (1.3 gallons) carried 
in carry-on or checked baggage, with a total net quantity per person of 
5 liters (1.3) gallons for such beverages.
    (5) Perfumes and colognes purchased through duty-free sales and 
carried in carry-on baggage.
    (6) Hair curlers (curling irons) containing a hydrocarbon gas such 
as butane, no more than one per person, in carry-on or checked baggage. 
The safety cover must be securely fitted over the heating element. Gas 
refills for such curlers are not permitted in carry-on or checked 
baggage.
    (7) A small medical or clinical mercury thermometer for personal 
use, when carried in a protective case in carry-on or checked baggage.
    (8) Small arms ammunition for personal use, up to 5 kg (11 pounds) 
per person in checked baggage only, if securely packed in boxes or 
other packagings specifically designed to carry small amounts of 
ammunition. Ammunition clips and magazines must also be securely boxed. 
This paragraph does not apply to persons traveling under the provisions 
of 49 CFR 1544.219.
    (9) One self-defense spray (see Sec.  171.8 of this subchapter), 
not exceeding 118 mL (4 fluid ounces) by volume, that incorporates a 
positive means to prevent accidental discharge may be carried in 
checked baggage only.
    (10) Dry ice (carbon dioxide, solid), not to exceed 2 kg (4.4 
pounds) per person, in carry-on or checked baggage, when used to 
protect perishables. The packaging must permit the release of carbon 
dioxide gas. For checked baggage, the package must be marked ``DRY 
ICE'' or ``CARBON DIOXIDE, SOLID'' and must be marked with the net 
weight of dry ice or an indication that the net weight is 2 kg (4.4 
pounds) or less.
    (11) A self-inflating life jacket fitted with no more than two 
small gas cartridges (containing no hazardous material other than a 
Div. 2.2 gas) for inflation purposes plus no more than two spare 
cartridges. The lifejacket and spare cartridges may be carried in 
carry-on or checked baggage, with the approval of the aircraft 
operator.
    (12) Small gas cylinders (containing no hazardous material other 
than a Div. 2.2 gas) worn for the operation of mechanical limbs and, in 
carry-on and checked baggage, spare cylinders of a similar size for the 
same purpose in sufficient quantities to ensure an adequate supply for 
the duration of the journey.
    (13) A mercury barometer or thermometer carried as carry-on 
baggage, by a representative of a government weather bureau or similar 
official agency, provided that individual advises the operator of the 
presence of the barometer or thermometer in his baggage. The barometer 
or thermometer must be packaged in a strong packaging having a sealed 
inner liner or bag of strong, leak proof and puncture-resistant 
material impervious to mercury, which will prevent the escape of 
mercury from the package in any position.

[[Page 65313]]

    (14) Electrically powered heat-producing articles (e.g., battery-
operated equipment such as diving lamps and soldering equipment), 
which, if accidentally activated, will generate extreme heat and can 
cause fire, as carry-on baggage only and with the approval of the 
operator of the aircraft. The heat-producing component, or the energy 
source, must be removed to prevent unintentional functioning during 
transport.
    (15) A wheelchair or other battery-powered mobility aid equipped 
with a nonspillable battery, when carried as checked baggage, provided 
that--
    (i) The battery meets the provisions of Sec.  173.159(d) for 
nonspillable batteries;
    (ii) Visual inspection including removal of the battery, where 
necessary, reveals no obvious defects (removal of the battery from the 
housing should be performed by qualified airline personnel only);
    (iii) The battery is disconnected and terminals are insulated to 
prevent short circuits; and
    (iv) The battery is securely attached to the wheelchair or mobility 
aid, is removed and placed in a strong, rigid packaging that is marked 
``NONSPILLABLE BATTERY'' (unless fully enclosed in a rigid housing that 
is properly marked), or is handled in accordance with paragraph 
(a)(17)(iv) of this section.
    (16) A wheelchair or other battery-powered mobility aid equipped 
with a spillable battery, when carried as checked baggage, provided 
that--
    (i) Visual inspection including removal of the battery, where 
necessary, reveals no obvious defects (however, removal of the battery 
from the housing should be performed by qualified airline personnel 
only);
    (ii) The battery is disconnected and terminals are insulated to 
prevent short circuits;
    (iii) The pilot-in-command is advised, either orally or in writing, 
prior to departure, as to the location of the battery aboard the 
aircraft; and
    (iv) The wheelchair or mobility aid is loaded, stowed, secured and 
unloaded in an upright position or the battery is removed, the 
wheelchair or mobility aid is carried as checked baggage without 
further restriction, and the removed battery is carried in a strong, 
rigid packaging under the following conditions:
    (A) The packaging must be leak-tight and impervious to battery 
fluid. An inner liner may be used to satisfy this requirement if there 
is absorbent material placed inside of the liner and the liner has a 
leakproof closure;
    (B) The battery must be protected against short circuits, secured 
upright in the packaging, and be packaged with enough compatible 
absorbent material to completely absorb liquid contents in the event of 
rupture of the battery; and
    (C) The packaging must be labeled with a CORROSIVE label, marked to 
indicate proper orientation, and marked with the words ``Battery, wet, 
with wheelchair.''
    (b) The exceptions provided in paragraph (a) of this section also 
apply to aircraft operators when transporting passenger or crewmember 
baggage that has been separated from the passenger or crewmember, 
including transfer to another carrier for transport to its final 
destination.


Sec.  175.20  Compliance and training.

    An air carrier may not transport a hazardous material by aircraft 
unless each of its hazmat employees involved in that transportation is 
trained as required by subpart H of part 172 of this subchapter. In 
addition, air carriers must comply with all applicable requirements in 
14 CFR part 121 and 135.


Sec.  175.25  Notification at air passenger facilities of hazardous 
materials restrictions.

    Each person who engages in for-hire transportation of passengers 
shall display notices of the requirements applicable to the carriage of 
hazardous materials aboard aircraft, and the penalties for failure to 
comply with those requirements. Each notice must be legible, and be 
prominently displayed so that it can be seen by passengers in locations 
where the aircraft operator issues tickets, checks baggage, and 
maintains aircraft boarding areas.
    (a) At a minimum, each notice must communicate the following 
information:
    (1) Federal law forbids the carriage of hazardous materials aboard 
aircraft in your luggage or on your person. A violation can result in 
five years' imprisonment and penalties of $250,000 or more (49 U.S.C. 
5124). Hazardous materials include explosives, compressed gases, 
flammable liquids and solids, oxidizers, poisons, corrosives and 
radioactive materials. Examples: Paints, lighter fluid, fireworks, tear 
gases, oxygen bottles, and radio-pharmaceuticals.
    (2) There are special exceptions for small quantities (up to 70 
ounces total) of medicinal and toilet articles carried in your luggage 
and certain smoking materials carried on your person. For further 
information contact your airline representative.
    (b) The information contained in paragraph (a)(1) of this section 
must be printed:
    (1) In legible English and may, in addition to English, be 
displayed in other languages;
    (2) In lettering of at least 1 cm (0.4 inch) in height for the 
first paragraph and 4.0 mm (0.16 inch) in height for the other 
paragraphs; and
    (3) On a background of contrasting color.
    (c) Size and color of the notice are optional. Additional 
information, examples, or illustrations, if not inconsistent with the 
required information, may be included.


Sec.  175.26  Notification at cargo facilities of hazardous materials 
requirements.

    (a) Each person who engages in the acceptance or transport of cargo 
for transportation by aircraft shall display notices to persons 
offering such cargo of the requirements applicable to the carriage of 
hazardous materials aboard aircraft, and the penalties for failure to 
comply with those requirements, at each facility where cargo is 
accepted. Each notice must be legible, and be prominently displayed so 
that it can be seen. At a minimum, each notice must communicate the 
following information:
    (1) Cargo containing hazardous materials for transportation by 
aircraft must be offered in accordance with the Federal Hazardous 
Materials Regulations (49 CFR parts 171-180).
    (2) A violation can result in five years' imprisonment and 
penalties of $250,000 or more (49 U.S.C. 5124).
    (3) Hazardous materials (dangerous goods) include explosives, 
compressed gases, flammable liquids and solids, oxidizers, poisons, 
corrosives and radioactive materials.
    (b) The information contained in paragraph (a) of this section must 
be printed:
    (1) Legibly in English, and, where cargo is accepted outside of the 
United States, in the language of the host country; and
    (2) On a background of contrasting color.
    (c) Size and color of the notice are optional. Additional 
information, examples, or illustrations, if not inconsistent with 
required information, may be included.
    (d) Exceptions: Display of a notice required by paragraph (a) of 
this section is not required at:
    (1) An unattended location (e.g., a drop box) provided a general 
notice advising customers of a prohibition on shipments of hazardous 
materials through that location is prominently displayed; or

[[Page 65314]]

    (2) A customer's facility where hazardous materials packages are 
accepted by a carrier.


Sec.  175.30  Inspecting shipments.

    (a) No person may accept a hazardous material for transportation 
aboard an aircraft unless the aircraft operator ensures that the 
hazardous material is:
    (1) Authorized, and is within the quantity limitations specified 
for carriage aboard aircraft according to Sec.  172.101 of this 
subchapter or as otherwise specifically provided by this subchapter.
    (2) Described and certified on a shipping paper prepared in 
duplicate in accordance with subpart C of part 172 or as authorized by 
Sec.  171.11 of this subchapter. See Sec.  175.33 for shipping paper 
retention requirements;
    (3) Labeled and marked in accordance with subparts D and E of part 
172 or as authorized in Sec.  171.11 of this subchapter, and placarded 
(when required) in accordance with subpart F of part 172 of this 
subchapter; and,
    (4) Labeled with a ``CARGO AIRCRAFT ONLY'' label (see Sec.  172.448 
of this subchapter) if the material as presented is not permitted 
aboard passenger-carrying aircraft.
    (b) Except as provided in paragraph (d) of this section, no person 
may carry a hazardous material in a package, outside container, or 
overpack aboard an aircraft unless the package, outside container, or 
overpack is inspected by the operator of the aircraft immediately 
before placing it:
    (1) Aboard the aircraft; or
    (2) In a unit load device or on a pallet prior to loading aboard 
the aircraft.
    (c) A hazardous material may be carried aboard an aircraft only if, 
based on the inspection by the operator, the package, outside 
container, or overpack containing the hazardous material:
    (1) Has no holes, leakage or other indication that its integrity 
has been compromised; and
    (2) For Class 7 (radioactive) materials, does not have a broken 
seal, except that packages contained in overpacks need not be inspected 
for seal integrity.
    (d) The requirements of paragraphs (b) and (c) of this section do 
not apply to Dry ice (carbon dioxide, solid).
    (e) An overpack containing packages of hazardous materials may be 
accepted only if the operator has taken all reasonable steps to 
establish that:
    (1) The overpack does not contain a package bearing the ``CARGO 
AIRCRAFT ONLY'' label unless--
    (i) The overpack affords clear visibility of and easy access to the 
package; or
    (ii) Not more than one package is overpacked.
    (2) The proper shipping names, identification numbers, labels and 
special handling instructions appearing on the inside packages are 
clearly visible or reproduced on the outside of the overpack, and
    (3) Has determined that a statement to the effect that the inside 
packages comply with the prescribed specifications appears on the 
outside of the overpack, when specification packagings are prescribed.


Sec.  175.31  Reports of discrepancies.

    (a) Each person who discovers a discrepancy, as defined in 
paragraph (b) of this section, relative to the shipment of a hazardous 
material following its acceptance for transportation aboard an aircraft 
shall, as soon as practicable, notify the nearest FAA Regional or Field 
Security Office by telephone or electronically and shall provide the 
following information:
    (1) Name and telephone number of the person reporting the 
discrepancy.
    (2) Name of the aircraft operator.
    (3) Specific location of the shipment concerned.
    (4) Name of the shipper.
    (5) Nature of discrepancy.
    (6) Address of the shipper or person responsible for the 
discrepancy, if known, by the air carrier.
    (b) Discrepancies which must be reported under paragraph (a) of 
this section are those involving hazardous materials which are 
improperly described, certified, labeled, marked, or packaged, in a 
manner not ascertainable when accepted under the provisions of Sec.  
175.30(a) of this subchapter including packages or baggage which are 
found to contain hazardous materials subsequent to their being offered 
and accepted as other than hazardous materials.


Sec.  175.33  Shipping paper and notification of pilot-in-command.

    (a) A copy of the shipping paper required by Sec.  175.30(a)(2) 
must accompany the shipment it covers during transportation aboard an 
aircraft.
    (b) When a hazardous material subject to the provisions of this 
subchapter is carried in an aircraft, 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, any additional information 
required to be shown on shipping papers by Sec.  171.11 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 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 an exemption.
    (c) 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.
    (d) Each person receiving a shipping paper required by this section 
must retain a copy or an electronic image

[[Page 65315]]

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 for 375 days after the 
material is accepted by the 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.
    (e) The aircraft operator must retain at the airport of departure 
or the operator's principal place of business a copy of each 
notification of pilot-in-command, an electronic image thereof, or the 
information contained therein for 90 days. Except as provided in 
paragraph (f) of this section, the aircraft operator must make this 
information available, upon request, to an authorized official of a 
Federal, State, or local government agency at reasonable times and 
locations.
    (f) The aircraft operator must have the information required to be 
retained under paragraph (e) readily accessible at the airport of 
departure and the intended airport of arrival for the duration of the 
flight leg and, upon request, must make the information immediately 
available, in an accurate and legible format, to any representative of 
a Federal, State, or local government agency (including an emergency 
responder) who is responding to an incident involving the flight.
    (g) 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.

Subpart B--Loading, Unloading and Handling


Sec.  175.75  Quantity limitations and cargo location.

    (a) Except as otherwise provided in this subchapter, no person may 
carry a hazardous material in the cabin of a passenger-carrying 
aircraft or on the flight deck of any aircraft, and the hazardous 
material must be located in a place that is inaccessible to persons 
other than crew-members. Hazardous materials may be carried in a main 
deck cargo compartment of a passenger aircraft provided that the 
compartment is inaccessible to passengers and that it meets all 
certification requirements for a Class B aircraft cargo compartment in 
14 CFR 25.857(b) or for a Class C aircraft cargo compartment in 14 CFR 
25.857(c).
    (b) Except for ORM-D and Class 9 materials and as otherwise 
provided in this subchapter, no person may carry on a passenger-
carrying aircraft more than 25 kg (55 pounds) net weight of hazardous 
material (and in addition thereto, 75 kg (165 pounds) net weight of 
Division 2.2) in an inaccessible cargo compartment or in any accessible 
cargo compartment when the hazardous material is loaded in a manner 
that makes it inaccessible to flight crew.
    (c) Each package containing a hazardous material acceptable only 
for cargo aircraft must be loaded in such a manner that a crew member 
or other authorized person can see, handle and when size and weight 
permit, separate such packages from other cargo during flight. The 
requirements of this paragraph (c) do not apply to the following 
hazardous materials:
    (1) Class 7, Division 6.1 (except those labeled FLAMMABLE), 
Division 6.2, Class 3, Packing Group III, that do not meet the 
definition of another hazard class), Class 9 or ORM-D;
    (2) Packages of hazardous materials transported aboard a cargo 
aircraft, when other means of transportation are impracticable or not 
available, in accordance with procedures approved in writing by the FAA 
Regional or Field Security Office in the region where the operator is 
located; or
    (3) Packages of hazardous materials carried on small, single pilot, 
cargo aircraft if:
    (i) No person other than the pilot, an FAA inspector, the shipper 
or consignee of the material or a representative of the shipper or 
consignee so designated in writing, or a person necessary for handling 
the material is carried on the aircraft;
    (ii) The pilot is provided with written instructions on the 
characteristics and proper handling of the materials; and
    (iii) Whenever a change of pilots occurs while the material is on 
board, the new pilot is briefed under a hand-to-hand signature service 
provided by the operator of the aircraft.
    (4) As a minimum, quantity limits and loading instructions in the 
following Quantity and Loading Tables must be followed to maintain 
acceptable quantity and loading between packages containing hazardous 
materials. The Quantity and Loading Tables are as follows:

                                 Section 175.75 Quantity and Loading Tables \1\
----------------------------------------------------------------------------------------------------------------
                                                  Accessible compartment \2\                   Inaccessible
                                      --------------------------------------------------     compartment \2\
                                                                                        ------------------------
                                                                                          Regardless of whether
                                         Packages  accessible    Packages  inaccessible    or not in a freight
                                                                                                container
----------------------------------------------------------------------------------------------------------------
Passenger Aircraft:
    Net weight of hazardous materials  No limit...............  25 kg per compartment    25 kg per
     allowed.                                                    \3\.                     compartment.\3\
Cargo Aircraft:
    Net weight of hazardous materials  No limit...............  No limit...............  No limit.
     packages in manner authorized
     for passenger aircraft.
    Net weight of hazardous materials  No limit...............  Forbidden \4\..........  Forbidden.\4\
     that are authorized for cargo
     aircraft only.
----------------------------------------------------------------------------------------------------------------
\1\ Class 9 and ORM-D materials are excepted from the limits in these tables. Further limits for packages of
  Class 7 materials are found in Sec.   175.700.
\2\ A compartment means a space formed by solid walls or bulkheads with a solid floor and ceiling.
\3\ An additional 75 kg net weight of Division 2.2 material is allowed.
\4\ The following materials may be carried in an inaccessible location on cargo-only aircraft:
--Class 3, PG III (except those that meet the definition of another hazard class).
--Class 6 (except those that are labeled ``Flammable Liquid'').
--Class 7 (except those that meet another hazard class).
--Class 9.

[[Page 65316]]

 
--ORM-D.

Sec.  175.78  Stowage compatibility of cargo.

    (a) For stowage on an aircraft, in a cargo facility, or in any 
other area at an airport designated for the stowage of hazardous 
materials, packages containing hazardous materials which might react 
dangerously with one another may not be placed next to each other or in 
a position that would allow a dangerous interaction in the event of 
leakage.
    (b) As a minimum, the segregation instructions prescribed in the 
following Segregation Table must be followed to maintain acceptable 
segregation between packages containing hazardous materials with 
different hazards. The Segregation Table instructions apply whether or 
not the class or division is the primary or subsidiary risk. The 
Segregation Table follows:

                                                Segregation Table
----------------------------------------------------------------------------------------------------------------
                                                               Class or division
         Hazard label         ----------------------------------------------------------------------------------
                                   1          2          3         4.2       4.3       5.1       5.2        8
----------------------------------------------------------------------------------------------------------------
1............................  Note 1...  Note 2...  Note 2...  Note 2..  Note 2..  Note 2..  Note 2..  Note 2
2............................  Note 2...  .........  .........  ........  ........  ........  ........  ........
3............................  Note 2...  .........  .........  ........  ........      X     ........  ........
4.2..........................  Note 2...  .........  .........  ........  ........      X     ........  ........
4.3..........................  Note 2...  .........  .........  ........  ........  ........  ........      X
5.1..........................  Note 2...  .........      X          X     ........  ........  ........  ........
5.2..........................  Note 2...  .........  .........  ........  ........  ........  ........  ........
8............................  Note 2...  .........  .........  ........      X     ........  ........  ........
----------------------------------------------------------------------------------------------------------------

    (c) Instructions for using the Segregation Table are as follows:
    (1) Hazard labels, classes or divisions not shown in the table are 
not subject to segregation requirements.
    (2) Dots at the intersection of a row and column indicate that no 
restrictions apply.
    (3) The letter ``X'' at the intersection of a row and column 
indicates that packages containing these classes of hazardous materials 
may not be stowed next to or in contact with each other, or in a 
position which would allow interaction in the event of leakage of the 
contents.
    (4) Note 1. ``Note 1'' at the intersection of a row and column 
means the following:
    (i) For explosives in compatibility groups A through K and N--
    (A) Packages bearing the same compatibility group letter and the 
same division number may be stowed together.
    (B) Explosives of the same compatibility group, but different 
divisions may be stowed together provided the whole shipment is treated 
as belonging to the division having the smaller number. However, when 
explosives of Division 1.5 Compatibility Group D are stowed together 
with explosives of Division 1.2 Compatibility Group D, the whole 
shipment must be treated as Division 1.1, Compatibility Group D.
    (C) Packages bearing different compatibility group letters may not 
be stowed together whether or not they belong to the same division, 
except as provided in paragraphs (c)(3)(ii) and (iii) of this section.
    (ii) Explosives in Compatibility Group L may not be stowed with 
explosives in other compatibility groups. They may only be stowed with 
the same type of explosives in Compatibility Group L.
    (iii) Explosives of Division 1.4, Compatibility Group S, may be 
stowed with explosives of all compatibility groups except for 
Compatibility Groups A and L.
    (iv) Other than explosives of Division 1.4, Compatibility Group S 
(see paragraph (c)(3)(iii) of this section), and Compatibility Groups 
C, D and E that may be stowed together, explosives that do not belong 
in the same compatibility group may not be stowed together.
    (A) Any combination of substances in Compatibility Groups C and D 
must be assigned to the most appropriate compatibility group shown in 
the Sec.  172.101 Table of this subchapter.
    (B) Explosives in Compatibility Group N may be stowed together with 
explosives in Compatibility Groups C, D or E when the combination is 
assigned Compatibility Group D.
    (5) Note 2. ``Note 2'' at the intersection of a row and column 
means that other than explosives of Division 1.4, Compatibility Group 
S, explosives may not be stowed together with that class.
    (6) Packages containing hazardous materials with multiple hazards 
in the class or divisions, which require segregation in accordance with 
the Segregation Table, need not be segregated from other packages 
bearing the same UN number.
    (7) A package labeled ``BLASTING AGENT'' may not be stowed next to 
or in a position that will allow contact with a package of special 
fireworks or railway torpedoes.


Sec.  175.88  Inspection, orientation and securing packages of 
hazardous materials.

    (a) A unit load device may not be loaded on an aircraft unless the 
device has been inspected and found to be free from any evidence of 
leakage from, or damage to, any package containing hazardous materials.
    (b) A package containing hazardous materials marked ``THIS SIDE 
UP'' or ``THIS END UP'', or with arrows to indicate the proper 
orientation of the package, must be stored and loaded aboard an 
aircraft in accordance with such markings. A package without 
orientation markings containing liquid hazardous materials must be 
stored and loaded with closures up (other than side closures in 
addition to top closures).
    (c) Packages containing hazardous materials must be secured in an 
aircraft in a manner that will prevent any movement in flight which 
would result in damage to or change in the orientation of the packages. 
Packages containing Class 7 (radioactive) materials must be secured in 
a manner that ensures that the separation requirements of Sec. Sec.  
175.701 and 175.702 will be maintained at all times during flight.


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

[[Page 65317]]

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 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 enure 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 maybe 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 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.

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.
    (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.

[[Page 65318]]

    (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.
    (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 CFR part 121, part 127 or part 133, 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.


Sec.  175.501  Special requirements for oxidizers and compressed 
oxygen.

    (a) Compressed oxygen, when properly labeled Oxidizer or Oxygen, 
may be loaded and transported as provided in paragraph (b) of this 
section. No person may load or transport any other package containing a 
hazardous material for which an OXIDIZER label is required under this 
subchapter in an inaccessible cargo compartment that does not have a 
fire or smoke detection system and a fire suppression system.
    (b) In addition to the quantity limitations prescribed in Sec.  
175.75, cylinders of compressed oxygen must be stowed in accordance 
with the following:
    (1) No more than a combined total of six cylinders of compressed 
oxygen may be stowed on an aircraft in the inaccessible aircraft cargo 
compartment(s) that do not have fire or smoke detection systems and 
fire suppression systems.
    (2) When loaded into a passenger-carrying aircraft or in an 
inaccessible cargo location on a cargo-only aircraft, cylinders of 
compressed oxygen must be stowed horizontally on the floor or as close 
as practicable to the floor of the cargo compartment or unit load 
device. This provision does not apply to cylinders stowed in the cabin 
of the aircraft in accordance with paragraph (c) of this section.
    (3) When transported in a Class B aircraft cargo compartment (see 
14 CFR 25.857(b)) or its equivalent (i.e., an accessible cargo 
compartment equipped with a fire or smoke detection system but not a 
fire suppression system), cylinders of compressed oxygen must be loaded 
in a manner that a crew member can see, handle and, when size and 
weight permit, separate the cylinders from other cargo during flight. 
No more than six cylinders of compressed oxygen and, in addition, one 
cylinder of medical-use compressed oxygen per passenger needing oxygen 
at destination--with a rated capacity of 850 L (30 cubic feet) or less 
of oxygen--may be carried in a Class B aircraft cargo compartment or 
its equivalent.
    (c) A cylinder containing medical-use compressed oxygen, owned or 
leased by an aircraft operator or offered for transportation by a 
passenger needing it for personal medical use at destination, may be 
carried in the cabin of a passenger-carrying aircraft in accordance 
with the following provisions:
    (1) No more than six cylinders belonging to the aircraft operator 
and, in addition, no more than one cylinder per passenger needing the 
oxygen at destination, may be transported in the cabin of the aircraft 
under the provisions of this paragraph (c);
    (2) The rated capacity of each cylinder may not exceed 850 L (30 
cubic feet);
    (3) Each cylinder and its overpack or outer packaging must conform 
to the provisions of this subchapter (see Special Provision A52 in 
Sec.  172.102 of this subchapter);
    (4) The aircraft operator shall securely stow the cylinder in its 
overpack or outer packaging in the cabin of the aircraft and shall 
notify the pilot-in-command as specified in Sec.  175.33 of this part; 
and
    (5) Shipments under this paragraph (c) are not subject to--
    (i) Subpart C and, for passengers only, subpart H of part 172 of 
this subchapter;
    (ii) Section 173.25(a)(4) of this subchapter; and
    (iii) Paragraph (b) of this section.


Sec.  175.630  Special requirements for Division 6.1 and Division 6.2 
material.

    (a) A package required to bear a POISON, POISON INHALATION HAZARD, 
or INFECTIOUS SUBSTANCE label may not be carried in the same 
compartment of an aircraft with material which is marked as or known to 
be a foodstuff, feed, or any other edible material intended for 
consumption by humans or animals unless:
    (1) the Division 6.1 or Division 6.2 material and the foodstuff, 
feed, or other edible material are loaded in separate unit load devices 
which, when stowed on the aircraft, are not adjacent to each other; or
    (2) the Division 6.1 or Division 6.2 material are loaded in one 
closed unit load device and the foodstuff, feed or other material is 
loaded in another closed unit load device.
    (b) No person may operate an aircraft that has been used to 
transport any package required to bear a POISON or POISON INHALATION 
HAZARD label unless, upon removal of such package, the area in the 
aircraft in which it was carried is visually inspected for evidence of 
leakage, spillage, or other contamination. All contamination discovered 
must be either isolated or removed from the aircraft. The operation of 
an aircraft contaminated with such Division 6.1 materials is considered 
to be the carriage of poisonous materials under paragraph (a) of this 
section.

[[Page 65319]]

Sec.  175.700  Special limitations and requirements for Class 7 
materials.

    (a) Except as provided in Sec. Sec.  173.4, 173.422 and 173.423 of 
this subchapter, no person may carry any Class 7 materials aboard a 
passenger-carrying aircraft unless that material is intended for use 
in, or incident to research (See Sec.  171.8 of this subchapter), 
medical diagnosis or treatment. Regardless of its intended use, no 
person may carry a Type B(M) package aboard a passenger-carrying 
aircraft, a vented Type B(M) package aboard any aircraft, or a liquid 
pyrophoric Class 7 material aboard any aircraft.
    (b) No person may carry aboard an aircraft a combined transport 
index (determined by adding together the transport index numbers shown 
on the labels of the individual packages and/or overpacks) or a single 
package with a transport index greater than:
    (1) On a passenger-carrying aircraft, a combined transport index of 
50 or a single package with a transport index greater than 3.0.
    (2) On a cargo aircraft, a combined transport index of 200, or a 
single package with a transport index greater than 10.0.
    (c) No person may carry aboard an aircraft a combined criticality 
safety index or a single package with a criticality safety index 
greater than:
    (1) On a passenger-carrying aircraft, a combined criticality safety 
index of 50 or a single package with a criticality safety index greater 
than 3.0.
    (2) On a cargo aircraft, a combined criticality safety index of 50, 
or a single package with a criticality safety index greater than 10.0. 
A cargo aircraft which has been assigned for the exclusive use of the 
shipper for the specific shipment of fissile Class 7 material may 
transport a combined criticality safety index of 100. Instructions for 
the exclusive use must be developed by the shipper and carrier, and the 
instructions must be issued with the shipping papers.
    (d) No person may carry in a passenger-carrying aircraft any 
package required to be labeled RADIOACTIVE YELLOW-II or RADIOACTIVE 
YELLOW-III label unless the package is carried on the floor of the 
cargo compartment or freight container.


Sec.  175.701  Separation distance requirements for packages containing 
Class 7 (radioactive) materials in passenger-carrying aircraft.

    (a) The following table prescribes the minimum separation distances 
that must be maintained in a passenger-carrying aircraft between Class 
7 (radioactive) materials labeled RADIOACTIVE YELLOW-II or RADIOACTIVE 
YELLOW-III and passengers and crew:

------------------------------------------------------------------------
   Transport index or sum of transport     Minimum separation distances
 indexes of all packages in the aircraft -------------------------------
     or distances predesignated area        Centimeters       Inches
------------------------------------------------------------------------
0.1 to 1.0..............................              30              12
1.1 to 2.0..............................              50              20
2.1 to 3.0..............................              70              28
3.1 to 4.0..............................              85              34
4.1 to 5.0..............................             100              40
5.1 to 6.0..............................             115              46
6.1 to 7.0..............................             130              52
7.1 to 8.0..............................             145              57
8.1 to 9.0..............................             155              61
9.1 to 10.0.............................             165              65
10.1 to 11.0............................             175              69
11.1 to 12.0............................             185              73
12.1 to 13.0............................             195              77
13.1 to 14.0............................             205              81
14.1 to 15.0............................             215              85
15.1 to 16.0............................             225              89
16.1 to 17.0............................             235              93
17.1 to 18.0............................             245              97
18.1 to 20.0............................             260             102
20.1 to 25.0............................             290             114
25.1 to 30.0............................             320             126
30.1 to 35.0............................             350             138
35.1 to 40.0............................             375             148
40.1 to 45.0............................             400             157
45.1 to 50.0............................             425             167
------------------------------------------------------------------------

    (b) When transported aboard passenger-carrying aircraft packages, 
overpacks or freight containers labeled Radioactive Yellow-II or 
Radioactive Yellow-III must be separated from live animals by a 
distance of at least 0.5 m (20 inches) for journeys not exceeding 24 
hours, and by a distance of at least 1.0 m (39 inches) for journeys 
longer than 24 hours.
    (c) Except as provided in paragraph (d) of this section, the 
minimum separation distances prescribed in paragraphs (a) and (b) of 
this section are determined by measuring the shortest distance between 
the surfaces of the Class 7 (radioactive) materials package and the 
surfaces bounding the space occupied by passengers or animals. If more 
than one package of Class 7 (radioactive) materials is placed in a 
passenger-carrying aircraft, the minimum separation distance for these 
packages shall be determined in accordance with paragraphs (a) and (b) 
of this section on the basis of the sum of the transport index numbers 
of the individual packages or overpacks.
    (d) Predesignated areas. A package labeled RADIOACTIVE YELLOW-II or 
RADIOACTIVE YELLOW-III may be carried in a passenger-carrying aircraft 
in accordance with a system of predesignated areas established by the 
aircraft operator. Each aircraft operator that elects to use a system 
of predesignated areas shall submit a detailed description of the 
proposed system to the Associate Administrator for approval prior to 
implementation of the system. A proposed system of predesignated areas 
is approved if the Associate Administrator determines that it is 
designed to assure that:

[[Page 65320]]

    (1) The packages can be placed in each predesignated area in 
accordance with the minimum separation distances prescribed in 
paragraph (a) of this section; and
    (2) The predesignated areas are separated from each other by 
minimum distance equal to at least four times the distances required by 
paragraphs (a) and (b) of this section for the predesignated area 
containing packages with the largest sum of transport indexes.


Sec.  175.702  Separation distance requirements for packages containing 
Class 7 (radioactive) materials in cargo aircraft.

    (a) No person may carry in a cargo aircraft any package required by 
Sec.  172.403 of this subchapter to be labeled Radioactive Yellow-II or 
Radioactive Yellow-III unless:
    (1) The total transport index does not exceed 50.0 and the packages 
are carried in accordance with Sec.  175.701(a); or
    (2) The total transport index for all packages exceeds 50.0; and
    (i) The separation distance between the surfaces of the radioactive 
materials packages, overpacks or freight containers and any space 
occupied by live animals is at least 0.5 m (20 inches) for journeys not 
exceeding 24 hours and at least 1.0 m (39 inches) for journeys longer 
than 24 hours; and
    (ii) The minimum separation distances between the radioactive 
material and any areas occupied by persons that are specified in the 
following table are maintained:

------------------------------------------------------------------------
   Transport Index or sum of transport     Minimum separation distances
 indexes of all packages in the aircraft -------------------------------
          or predesignated area             Centimeters       Inches
------------------------------------------------------------------------
50.1 to 60.0                                         465             183
 .......................................
60.1 to 70.0                                         505             199
 .......................................
70.1 to 80.0                                         545             215
 .......................................
80.1 to 90.0                                         580             228
 .......................................
90.1 to 100.0                                        610             240
 .......................................
100.1 to 110.0                                       645             254
 .......................................
110.1 to 120.0                                       670             264
 .......................................
120.1 to 130.0                                       700             276
 .......................................
131.1 to 140.0                                       730             287
 .......................................
140.1 to 150.0                                       755             297
 .......................................
151.1 to 160.0                                       780             307
 .......................................
160.1 to 170.0                                       805             317
 .......................................
170.1 to 180.0                                       830             327
 .......................................
180.1 to 190.0                                       855             337
 .......................................
190.1 to 200.0                                       875             344
 .......................................
200.1 to 210.0                                       900             354
 .......................................
210.1 to 220.0                                       920             362
 .......................................
220.1 to 230.0                                       940             370
 .......................................
230.1 to 240.0                                       965             380
 .......................................
240.1 to 250.0                                       985             388
 .......................................
250.1 to 260.0                                      1005             396
 .......................................
260.1 to 270.0                                      1025             404
 .......................................
270.1 to 280.0                                      1040             409
 .......................................
280.1 to 290.0                                      1060             417
 .......................................
290.1 to 300.0                                      1080             425
 .......................................
------------------------------------------------------------------------

    (b) The transport index and the criticality safety index of any 
single group of packages must not exceed 50.0 (as used in this section, 
the term ``group of packages'' means packages that are separated from 
each other in an aircraft by a distance of 6 m (20 feet) or less); and
    (c) Each group of packages must be separated from every other group 
in the aircraft by not less than 6 m (20 feet), measured from the outer 
surface of each group.


Sec.  175.703  Other special requirements for the acceptance and 
carriage of packages containing Class 7 materials.

    (a) No person may accept for carriage in an aircraft packages of 
Class 7 materials, other than limited quantities, contained in a rigid 
or non-rigid overpack, including a fiberboard box or plastic bag, 
unless they have been prepared for shipment in accordance with Sec.  
172.403(h) of this subchapter.


Sec.  175.704  Plutonium shipments.

    Shipments of plutonium which are subject to 10 CFR 71.88(a)(4) must 
comply with the following:
    (a) Each package containing plutonium must be secured and 
restrained to prevent shifting under normal conditions.
    (b) A package of plutonium having a gross mass less than 40 kg (88 
pounds) and both its height and diameter less than 50 cm (19.7 
inches)--
    (1) May not be transported aboard an aircraft carrying other cargo 
required to bear a Division 1.1 label; and
    (2) Must be stowed aboard the aircraft on the main deck or the 
lower cargo compartment in the aft-most location that is possible for 
cargo of its size and weight, and no other cargo may be stowed aft of 
packages containing plutonium.
    (c) A package of plutonium exceeding the size and weight 
limitations in paragraph (b)--
    (1) May not be transported aboard an aircraft carrying other cargo 
required to bear any of the following labels: Class 1 (all Divisions), 
Class 2 (all Divisions), Class 3, Class 4 (all Divisions), Class 5 (all 
Divisions), or Class 8; and
    (2) Must be securely cradled and tied down to the main deck of the 
aircraft in a manner that restrains the package against the following 
internal forces acting separately relative to the deck of the aircraft; 
Upward, 2g; Forward, 9g; Sideward, 1.5g; Downward, 4.5g.


Sec.  175.705  Radioactive contamination.

    (a) A carrier shall take care to avoid possible inhalation, 
ingestion, or contact by any person with Class 7 (radioactive) 
materials that may have been released from their packagings.
    (b) When contamination is present or suspected, the package 
containing a Class 7 material, any loose Class 7 material, associated 
packaging material, and any other materials that have been contaminated 
must be segregated as far

[[Page 65321]]

as practicable from personnel contact until radiological advice or 
assistance is obtained from the U.S. Department of Energy or 
appropriate State or local radiological authorities.
    (c) An aircraft in which Class 7 material has been released must be 
taken out of service and may not be returned to service or routinely 
occupied until the aircraft is checked for radioactive contamination 
and it is determined in accordance with Sec.  173.443 of this 
subchapter that the dose rate at every accessible surface is less than 
0.005 mSv per hour (0.5 mrem per hour) and there is no significant 
removable surface contamination.
    (d) Each aircraft used routinely for transporting Class 7 materials 
shall be periodically checked for radioactive contamination, and an 
aircraft must be taken out of service if contamination exceeds the 
level specified in paragraph (c) of this section. The frequency of 
these checks shall be related to the likelihood of contamination and 
the extent to which Class 7 materials are transported.
    (e) In addition to the reporting requirements of Sec. Sec.  171.15 
and 171.16 of this subchapter, an aircraft operator shall notify the 
offeror at the earliest practicable moment following any incident in 
which there has been breakage, spillage, or suspected radioactive 
contamination involving Class 7 (radioactive) materials shipments.

    Issued in Washington, DC on October 27, 2004 under the authority 
delegated in 49 CFR part 106.
Frits Wybenga,
Deputy Associate Administrator for Hazardous Materials Safety.
[FR Doc. 04-24376 Filed 11-9-04; 8:45 am]
BILLING CODE 4910-60-P