65294 Federal Register / Vol. 69, No. 217 / Wednesday, November 10, 2004 / Proposed Rules 

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 § 175.75; 

reformatting the exceptions in § 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 

§§ 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 

(§ 175.1). Part 175 applies to the 

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

(§ 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 (§ 175.5). 

Three commenters offered suggestions 

with regard to clarification of the 

applicability of part 175. All three 

suggested that we clarify in § 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 

§ 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 § 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 § 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 § 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 § 175.5 to § 175.1 or § 173.3 

(see preamble discussion of § 173.3). We 

are also proposing to remove 

unnecessary provisions of § 175.5, such 

as § 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 §§ 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 § 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 § 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-onground.’’ According to ALPA, it is 

common practice for an airline to preposition 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 

§ 175.10, but, stated that the ‘‘ATA 

member air carriers are familiar with the 

application of § 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 § 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 

§ 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 CO2 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 

65296 Federal Register / Vol. 69, No. 217 / Wednesday, November 10, 2004 / Proposed Rules 

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 § 175.10 and also in § 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 § 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 § 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: § 175.10(a)(3), (9), (11), and 

(12), and § 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 § 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-onground. 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 § 175.10(a)(2).

Southwest Airlines commented on the 

exceptions in § 175.10, stating that ‘‘the 

personal smoking material exception in 

§ 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 § 175.10(a)(5), it would be 

helpful (if this is the intent) to add a 

sentence that states (as provided in 

§ 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 (§ 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 

§ 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 § 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 

Federal Register / Vol. 69, No. 217 / Wednesday, November 10, 2004 / Proposed Rules 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-onground (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 § 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 § 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 § 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 § 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 § 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 § 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 § 175.10 into three 

different sections: § 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); § 175.9 

will cover special aircraft operations 

(crop-dusting, parachuting, etc.); and 

§ 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 § 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 § 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 

§ 173.307(a)(2), which is also being 

revised. 

We are proposing to revise 

§ 173.307(a)(2) to reference Special 

Provision A59 for tires transported by 

aircraft. Special Provision A59 is added 

to § 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 § 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 § 175.10, we are proposing 

that this section only contain exceptions 

for hazardous materials carried by 

passengers and crewmembers. As many 

paragraphs from § 175.10 have been 

reassigned to §§ 175.8 and 175.9, the 

remaining sub-paragraphs are 

renumbered, as indicated in the 

following table. Many of the remaining 

paragraphs in § 175.10(a) have been 

edited for clarification only. The most 

common edit was to put the name of the 

65298 Federal Register / Vol. 69, No. 217 / Wednesday, November 10, 2004 / Proposed Rules 

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. aerosols .............................................................................................. 175.10(a)(1)—self defense spray (a)(9). 

(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 § 175.8. The 2.3 kg (5.0 

pounds) exception for dry ice 

transported as cargo is now 

incorporated in § 173.217. 

Section 175.10(a)(11) is modified to 

provide that self-inflating life jackets 

may be carried with two cartridges of 

CO2 (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 § 175.10(b) paragraph 

dealing with the stowage of oxygen 

cylinders is moved to the new section 

§ 175.510. 

New § 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 

§ 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.’’

Federal Register / Vol. 69, No. 217 / Wednesday, November 10, 2004 / Proposed Rules 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 § 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 § 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 § 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 nonflight 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 carryon 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 colocated 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 

§§ 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. 

65300 Federal Register / Vol. 69, No. 217 / Wednesday, November 10, 2004 / Proposed Rules 

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 §§ 175.25 and 175.26. 

However, in an effort to further clarify 

these requirements and provide 

consistency with § 175.26, we are 

proposing that the terminology in 

§ 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 § 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 § 175.30 to 

include the formal interpretation 

language issued on June 4, 1998, while 

the ACC states that the requirements of 

§ 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 § 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 § 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 § 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 

Federal Register / Vol. 69, No. 217 / Wednesday, November 10, 2004 / Proposed Rules 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 § 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 § 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 §§ 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 noncompliance 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 § 175.31, since some 

flexibility in the reporting period is 

needed. UPS stated, ‘‘Rather than 

require ‘immediate’ reporting, 

§ 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 § 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 § 175.31. 

Nevertheless, if RSPA proposes to apply 

§ 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 § 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 

65302 Federal Register / Vol. 69, No. 217 / Wednesday, November 10, 2004 / Proposed Rules 

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 nonreporting 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 § 175.31(a)(6) to require the 

address of the shipper or person 

responsible for the discrepancy, if 

known, by the air carrier. Currently, 

§ 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 § 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-inCommand 

On March 25, 2003, we published a 

final rule that amended the HMR by 

requiring aircraft operators transporting 

hazardous material to: (1) Place a 

Federal Register / Vol. 69, No. 217 / Wednesday, November 10, 2004 / Proposed Rules 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 (§ 175.35), their 

retention for 375 days (§ 175.30(a)(2), 

and the notification to pilot-incommand into one section, § 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-incommand. 

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 § 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 passengercarrying 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 § 175.75(a)(2). 

Section 175.85(b) requires hazardous 

materials packages acceptable for cargoaircraft 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 § 175.75(a)(2), and 

accessibility requirements of § 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 § 175.85(b) 

and the quantity limitation 

requirements of § 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 § 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, singlepilot cargo-only aircraft from the 

accessibility requirements of § 175.85(b) 

and the quantity limits of § 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 

§ 175.85(c)(3) do not require approval by 

the FAA. 

Most commenters agree that §§ 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 

§§ 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 

65304 Federal Register / Vol. 69, No. 217 / Wednesday, November 10, 2004 / Proposed Rules 

anything in the experience with 

consumer commodities, since the 

inception of the concept in the mid1970s, 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 § 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 §§ 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 

§ 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 §§ 175.75 and 175.85 and 

where we are proposing to move them:

Current section and 

paragraph 

Proposed new

section and

paragraph 

175.75(a)(1) .............. Removed as unnecessary. 

175.75(a)(2) .............. 175.75(b). 

175.75(a)(3) .............. 175.700. 

Current section and 

paragraph 

Proposed new

section and

paragraph 

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 § 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 

§ 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 § 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 §§ 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 

§ 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 

§§ 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 § 175.320. 

In this NPRM, we are proposing to 

remove the authorization to transport 

Class 1 (explosive) materials in 

accordance with § 175.320. In our view, 

because of security concerns and 

requirements, the carriage of explosives 

Federal Register / Vol. 69, No. 217 / Wednesday, November 10, 2004 / Proposed Rules 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 § 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 § 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 passengercarrying aircraft operations of the 

current § 175.310 and the cargo aircraft 

operations of the current § 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 

§ 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 §§ 175.10(b), 

and 175.85(h) and (I), to a new section, 

§ 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 §§ 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 

§ 173.441. 

Existing requirement Proposed new

section 

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 § 172.403 with a 

Radioactive Yellow II or III label, unless 

certain provisions are met. In addition, 

§ 175.700 (c) states that (except for 

limited quantities) no person shall carry 

any class 7 material aboard a passengercarrying 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 § 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 

§ 175.700. 

It appears some persons have misused 

the definition of ‘‘research’’ to avoid the 

restrictions in § 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 

§ 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 § 172.101 

Hazardous Materials Table (HMT) 

65306 Federal Register / Vol. 69, No. 217 / Wednesday, November 10, 2004 / Proposed Rules 

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 §§ 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 § 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 § 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., § 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 § 173.4 (small quantities) to 

limit those small quantity materials that 

can be transported aboard aircraft to 

those that are allowed aboard passengercarrying 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 

§ 175.5(a)(2), related to an aircraft under 

the exclusive direction and control of a 

government, and move it to § 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 § 175.10, 

we would maintain the exception for 

dry ice in checked and carry-on baggage 

and move into the new proposed § 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 § 175.10 to a new paragraph (f) in 

§ 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. 

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

§ 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, 

65308 Federal Register / Vol. 69, No. 217 / Wednesday, November 10, 2004 / Proposed Rules 

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 § 171.8, the definition of 

‘‘research’’ is revised to read as follows:

§ 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.

§ 172.101 [Amended] 

4. In § 172.101, in the Hazardous 

Materials Table, the heading for column 

(9) is revised to read ‘‘(9) Quantity 

limitations (see §§ 173.27 and 175.75)’’. 

5. In § 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 § 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 § 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 § 172.102, in paragraph (c)(2), 

special provision ‘‘A59’’ is added to 

read as follows:

§ 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 § 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:

§ 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 § 173.7, the section heading is 

revised and a new paragraph (f) is added 

to read as follows:

§ 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 § 173.27, in paragraph (a), the 

second sentence is revised to read as 

follows:

§ 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 § 173.63, the introductory text 

in paragraph (b)(1), is revised to read as 

follows:

§ 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 ORMD 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 § 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 

Federal Register / Vol. 69, No. 217 / Wednesday, November 10, 2004 / Proposed Rules 65309

power devices that may be shipped as 

ORM-D material is limited to:

* * * * *

14. In § 173.150, the introductory text 

in paragraph (b) is revised to read as 

follows:

§ 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 

§ 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 

§ 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 § 173.151, the introductory text 

in paragraphs (b) and (d) is revised to 

read as follows:

§ 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 § 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 § 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 

§ 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 

§ 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 § 173.152, the introductory text 

in paragraph (b) is revised to read as 

follows:

§ 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 § 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 § 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 § 173.153, the introductory text 

in paragraph (b) is revised to read as 

follows:

§ 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-byinhalation 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 

§ 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 

§ 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 § 173.154, the introductory text 

in paragraph (b) is revised to read as 

follows:

§ 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 § 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 § 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 

65310 Federal Register / Vol. 69, No. 217 / Wednesday, November 10, 2004 / Proposed Rules 

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 § 173.155, the introductory text 

in paragraph (b) is revised to read as 

follows:

§ 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 § 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 § 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 § 173.217, a new paragraph (f) 

is added to read as follows:

§ 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 § 173.220, paragraph (b)(4)(iii) 

is revised to read as follows:

§ 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 § 173.306, the introductory text 

in paragraphs (a), (b), and (h) is revised 

to read as follows:

§ 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 § 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 

§§ 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 § 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 § 174.24 and to 

part 177 of this subchapter except 

§ 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 § 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 §§ 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 

§ 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 § 174.24 and to part 

177 of this subchapter, except § 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 § 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 § 173.307, paragraph (a)(2) is 

revised to read as follows:

§ 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 

§ 172.102 of this subchapter.

PART 175—CARRIAGE BY AIRCRAFT 

24. Part 175 is revised to read as 

follows:

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

§ 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.

§ 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.

§ 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 § 172.101 or § 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.

§ 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 

65312 Federal Register / Vol. 69, No. 217 / Wednesday, November 10, 2004 / Proposed Rules 

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.

§ 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 § 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 carryon 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. 

Federal Register / Vol. 69, No. 217 / Wednesday, November 10, 2004 / Proposed Rules 65313

(14) Electrically powered heatproducing 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 batterypowered mobility aid equipped with a 

nonspillable battery, when carried as 

checked baggage, provided that—

(i) The battery meets the provisions of 

§ 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 batterypowered 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.

§ 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.

§ 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.

§ 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 

65314 Federal Register / Vol. 69, No. 217 / Wednesday, November 10, 2004 / Proposed Rules 

(2) A customer’s facility where 

hazardous materials packages are 

accepted by a carrier.

§ 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 

§ 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 § 171.11 of this 

subchapter. See § 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 § 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 § 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.

§ 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 

§ 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.

§ 175.33 Shipping paper and notification of 

pilot-in-command. 

(a) A copy of the shipping paper 

required by § 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-incommand 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 

§ 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 §§ 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 

§ 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 passengercarrying 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-incommand 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 

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

§ 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

§ 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 handto-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

Packages

accessible 

Packages

inaccessible 

Regardless of whether or 

not in a freight

container 

Passenger Aircraft: 

Net weight of hazardous materials allowed ............. No limit .............................. 25 kg per compartment 3 ... 25 kg per compartment.3

Cargo Aircraft: 

Net weight of hazardous materials packages in 

manner authorized for passenger aircraft.

No limit .............................. No limit .............................. No limit. 

Net weight of hazardous materials that are authorized for cargo aircraft only.No limit .............................. Forbidden 4 ........................ Forbidden.4

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 

§ 175.700. 

2A compartment means a space formed by solid walls or bulkheads with a solid floor and ceiling. 

3An additional 75 kg net weight of Division 2.2 material is allowed. 

4The 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. 

65316 Federal Register / Vol. 69, No. 217 / Wednesday, November 10, 2004 / Proposed Rules 

—ORM–D. 

§ 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

Hazard label 

Class or division 

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 

§ 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.

§ 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 §§ 175.701 and 175.702 

will be maintained at all times during 

flight.

§ 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 

Federal Register / Vol. 69, No. 217 / Wednesday, November 10, 2004 / Proposed Rules 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 § 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 § 171.15 of this 

subchapter; and 

(4) Notify the consignor or consignee.

Subpart C—Specific Regulations 

Applicable According to Classification 

of Material

§ 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 § 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 § 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. 

65318 Federal Register / Vol. 69, No. 217 / Wednesday, November 10, 2004 / Proposed Rules 

(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-incommand: 

(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.

§ 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 § 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 passengercarrying 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 § 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-incommand as specified in § 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.

§ 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.

Federal Register / Vol. 69, No. 217 / Wednesday, November 10, 2004 / Proposed Rules 65319

§ 175.700 Special limitations and 

requirements for Class 7 materials. 

(a) Except as provided in §§ 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

§ 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 passengercarrying 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.

§ 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 passengercarrying aircraft between Class 7 

(radioactive) materials labeled 

RADIOACTIVE YELLOW–II or 

RADIOACTIVE YELLOW–III and 

passengers and crew:

Transport index or sum of transport indexes of all packages in the aircraft or distances predesignated area 

Minimum separation distances 

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: 

65320 Federal Register / Vol. 69, No. 217 / Wednesday, November 10, 2004 / Proposed Rules 

(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.

§ 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 

§ 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 § 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 indexes of all packages in the aircraft or predesignated area 

Minimum separation distances 

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.

§ 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 § 172.403(h) of this subchapter.

§ 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.

§ 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 

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

§ 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 §§ 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