[Federal Register Volume 71, Number 55 (Wednesday, March 22, 2006)]
[Rules and Regulations]
[Pages 14586-14615]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-2596]



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Part II





Department of Transportation





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Pipeline and Hazardous Materials Safety Administration



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49 CFR Parts 171, 172, 173, and 175



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

  Federal Register / Vol. 71, No. 55 / Wednesday, March 22, 2006 / 
Rules and Regulations  

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety 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: Pipeline and Hazardous Materials Safety Administration (PHMSA), 
DOT.

ACTION: Final rule.

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SUMMARY: This final rule amends the requirements in the Hazardous 
Materials Regulations (HMR) for the transportation of hazardous 
materials by aircraft. This final rule clarifies the applicability of 
part 175; clarifies the exceptions from regulation for operator 
equipment and supplies, special aircraft operations, and passengers and 
crewmembers; revises separation distances for the shipment of 
radioactive materials by cargo aircraft; and updates the regulations to 
comply with security requirements for explosive special permits. These 
changes are being made to finalize outstanding petitions for 
rulemaking, convert certain special permits into regulations, and 
promote international harmonization, where appropriate.

DATES: The effective date of these amendments is October 1, 2006. 
Voluntary compliance is authorized April 21, 2006.

FOR FURTHER INFORMATION CONTACT: Deborah Boothe, Office of Hazardous 
Materials Standards, (202) 366-8553, Pipeline and Hazardous Materials 
Safety 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
    A. Sections 175.1 and 175.5 Purpose, Scope and Applicability
    B. Section 175.3 Unacceptable Hazardous Materials Shipments
    C. Section 175.10 Exceptions
    D. Section 175.20 Training
    E. Sections 175.25 and 175.26 Notification at Air Passenger and 
Cargo Facilities of Hazardous Materials Restrictions
    F. Section 175.30 Accepting and Inspecting Shipments
    G. Section 175.31 Reports of Discrepancies
    H. Sections 175.33 and 175.35 Shipping Papers and Notification 
of Pilot-in-Command
    I. Section 175.40 Keeping and Replacement of Labels
    J. Sections 175.75 and 175.85 Quantity Limitations and Cargo 
Location
    K. Section 175.78 Stowage Compatibility of Cargo
    L. Sections 175.79, 175.81, and 175.88 Inspection, Orientation 
and Securing of Packages of Hazardous Materials
    M. Section 175.90 Damaged Shipments
    N. Section 175.305 Self-Propelled Vehicles
    O. 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
    P. Section 175.501 Special Requirements for Oxidizers and 
Compressed Oxygen
    Q. Section 175.630 Special Requirements for Division 6.1 and 
Division 6.2 Material
    R. Sections 175.700, 175.701, 175.702, 175.703, 175.704, 175.705 
and 175.706 Transportation of Radioactive Materials Aboard Aircraft
III. Miscellaneous Proposals to the HMR
    A. Quantity Limits in Column (9) of the Hazardous Materials 
Table (HMT)
    B. Tire Assemblies
    C. Small Quantities, Limited Quantities, and Consumer 
Commodities
    D. Section 173.7
    E. Section 173.217
    F. Section 173.220
IV. Rulemaking Analysis and Notices
    A. Statutory/Legal Authority for This Rulemaking
    B. Executive Order 12866 and DOT Regulatory Policies and 
Procedures
    C. Executive Order 13132
    D. Executive Order 13175
    E. Regulatory Flexibility Act, Executive Order 13272, and DOT 
Procedures and Policies
    F. Unfunded Mandates Reform Act of 1995
    G. Paperwork Reduction Act
    H. Regulation Identifier Number (RIN)
    I. Environmental Assessment
    J. Privacy Act

I. Background

    The Hazardous Materials Regulations (HMR; 49 CFR parts 171-180) 
govern the transportation of hazardous materials in commerce by all 
modes of transportation, including aircraft. 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 
requirements applicable to all aircraft operators transporting 
hazardous materials by air, and outlines exceptions allowing passengers 
and crew members to carry hazardous materials aboard aircraft under 
certain conditions. In addition, aircraft operators must comply with 
the FAA hazardous materials training requirements in 14 CFR parts 121 
or 135, as appropriate.
    In this final rule, the Pipeline and Hazardous Materials Safety 
Administration (PHMSA), with the concurrence of the Federal Aviation 
Administration (FAA), is adopting amendments to part 175 and other 
sections of the HMR applicable to the transportation of hazardous 
materials by aircraft. These amendments will:
    (1) Modify or clarify requirements to promote compliance and 
enforcement;
    (2) Enhance the security of transportation of explosives by 
aircraft; and
    (3) Facilitate international commerce.
    On February 26, 2002, the Research and Special Programs 
Administration (RSPA)--the predecessor agency to PHMSA--published an 
advance notice of proposed rulemaking (ANPRM; 67 FR 8769) inviting 
public comments on how to improve the clarity of the HMR requirements 
for transporting hazardous materials by aircraft. We received 26 
comments in response to the ANPRM. On November 10, 2004, RSPA published 
a notice of proposed rulemaking (NPRM; 69 FR 76044) proposing specific 
changes to the HMR sections applicable to the transportation of 
hazardous materials by aircraft. On January 21, 2005, (70 FR 3179) in 
response to requests from interested parties, we extended the comment 
period on the NPRM until March 18, 2005.
    We received 24 comments addressing issues raised by the NPRM from 
the following: Air Line Pilots Association, International (ALPA); 
United Parcel Service, Inc. (UPS); Air Transport Association (ATA); 
FedEx Express; trade associations such as the International Association 
of Airport Duty Free Stores; individual air carriers; and others 
involved in the transportation of hazardous materials by aircraft. Most 
commenters were supportive of PHMSA(s efforts to revise part 175 in 
order to clarify certain requirements and make the part more user-
friendly.
    In this final rule, we are adopting most changes proposed in the 
NPRM. Relevant portions of the comments are discussed in the following 
sections of the preamble.

II. Section-by-Section Review

A. Sections 175.1 and 175.5 Purpose, Scope and Applicability

    Part 175 of the HMR prescribes requirements for all aircraft 
operators transporting hazardous materials in commerce in the United 
States. The requirements in part 175 are in addition to requirements 
contained in parts 171, 172, and 173 (see Sec.  175.1). Part 175 
applies to the acceptance for

[[Page 14587]]

transportation, loading, and transportation of hazardous materials in 
any aircraft within the United States and aircraft of United States 
registry anywhere in air commerce (see Sec.  175.5). Part 175 includes 
exceptions from the requirements of the HMR for those aircraft under 
the direct, exclusive control of a government and not used for 
commercial purposes (see Sec.  175.5).
    In this final rule, we are modifying Sec.  175.1 to indicate part 
175 applies to any person who performs, attempts to perform, or is 
required to perform a function subject to the HMR, including:
    (1) Air carriers, indirect air carriers, and freight forwarders and 
their flight and non-flight 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.
    In its comments, the Council on Radionuclides and 
Radiopharmaceuticals, Inc. (CORAR) requests clarification of the 
applicability of part 175 to multi-modal ground carriers and their 
shippers who offer or transport packages by ground before or after 
transport by air. If part 175 applies to these entities, CORAR suggests 
this will subject a significant number of persons within the network of 
distribution of radiopharmaceuticals to these regulations (e.g. 
reporting deficiencies and training). CORAR also suggests PHMSA should 
provide additional time before the effective date of the final rule for 
the total impact to be assessed and for necessary actions such as 
training or implementation.
    Part 175 currently applies to all persons who accept and prepare 
shipments for air transportation, including persons who accept packages 
for air transportation. Ground handling crews, contracted employees, 
and air freight forwarders that accept packages for air transportation 
are subject to part 175. As are subsidiary companies formed by aircraft 
operators to build pallets and handle, load, and unload hazardous 
materials in air transportation. In this final rule, we are clarifying 
the applicability of the HMR to air shipments. All functions performed 
to prepare hazardous materials shipments for air transportation must be 
performed by a hazmat employee trained in accordance with the HMR, just 
as was required prior to this rulemaking. We do not feel more time is 
necessary to allow training to be conducted for hazmat employees 
currently covered under part 175.
    ATA indicates that the proposed applicability statement in Sec.  
175.1 is too broad and should be further defined to clarify its non-
applicability to employees whose functions are unconnected to air 
commerce, such as ground delivery personnel of a cargo air carrier who 
are subject to part 177. ATA suggests adding ``who are engaged in air 
operations'' to Sec.  175.1(b)(1) to clarify its applicability.
    We disagree. In a final rule published on July 28, 2005 (HM-223A 
(70 FR 43638)), we defined a ``person who offers or offeror'' to mean 
any person who performs or is responsible for performing any pre-
transportation function required by the HMR or who tenders or makes the 
hazardous material available to a carrier for transportation in 
commerce. As we said in HM-223A, a carrier is not an offeror when it 
performs a function as a condition of accepting a hazardous material 
for transportation in commerce or when it transfers a hazardous 
material to another carrier for continued transportation without 
performing a pre-transportation function. We also clarified there may 
be more than one offeror of a hazardous material or more than one party 
regulated by the HMR concerning a shipment and each offeror or such 
party is responsible only for the specific pre-transportation function 
it performs or is required to perform. In addition, we clarified each 
offeror or carrier may rely on information provided by a previous 
offeror or carrier unless the offeror or carrier knows or a responsible 
person acting in the circumstances and exercising responsible care, 
would have knowledge indicating the information provided is incorrect.
    Currently, some packaging, shipping, and freight forwarding 
facilities accepting hazardous materials for air transportation appear 
to believe they are not subject to the requirements in part 175 because 
they are not air carriers. However, the HMR require each person who 
offers, accepts, or transports packages by air to comply with all 
applicable regulatory requirements. Though an air carrier is 
responsible for compliance with the applicable requirements in part 
175, packaging, shipping, and freight forwarding facilities are also 
subject to the requirements in part 175 when accepting hazardous 
materials for air transportation.
    Therefore, in this final rule we are adopting the proposed 
provisions to clarify the requirements of the HMR applicable to the 
transportation of hazardous materials aboard aircraft apply to those 
persons who offer, accept, or transport hazardous materials in commerce 
by aircraft to, from, or within the United States. We are relocating 
Sec.  175.5(a)(1) to Sec.  175.1(b), relocating Sec.  175.5(a)(2) to 
Sec.  173.7(f), and eliminating Sec.  175.5(a)(3). In addition, we are 
modifying Sec.  175.1 to clarify 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 are not exempted from 
the HMR in accordance with Sec.  175.10(a). On February 28, 2003 RSPA 
clarified the applicability of the HMR to airline passengers (see 
Notice No. 03-2; 68 FR 9735).

B. Section 175.3 Unacceptable Hazardous Materials Shipments

    No amendments were proposed or adopted for this section and no 
comments were received.

C. Section 175.10 Exceptions

    Section 175.10(a)(2) excepts certain hazardous materials required 
to be aboard an aircraft in accordance with applicable airworthiness 
requirements and operating instructions from the HMR. 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). 
In Sec.  175.10(a)(2) the HMR provide the following limited exceptions 
for COMAT:
    (1) Items of replacement for installed equipment containing 
hazardous materials are subject to all relevant provisions of the HMR 
and are only excepted from the packaging requirements of the HMR if 
they are contained in specialized packaging providing at least an 
equivalent level of protection to that of the required packaging;
    (2) Aircraft batteries are excepted from the quantity limitations 
in Sec. Sec.  172.101 and 175.75(a); and
    (3) An aircraft tire assembly is not subject to the HMR if it is 
not inflated

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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 identifies other hazardous materials which are 
excepted from the HMR. The materials include: (1) certain personal 
items of passengers or crew members, 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. We are reorganizing current 
exceptions in Sec.  175.10 into three different sections:
    (1) Sec.  175.8 covering operator equipment and items of 
replacement (including COMAT);
    (2) Sec.  175.9 covering special aircraft operations (crop-dusting, 
parachuting, etc.); and
    (3) Sec.  175.10 covering exceptions for passengers, crewmembers, 
and air operators.
    In addition, Sec.  175.8 clarifies the exceptions for aircraft 
spares (COMAT) is applicable only to an operator transporting its own 
equipment.
    Most commenters agree with the proposal to reorganize this section 
into three separate sections focused on COMAT, emergency response, and 
passenger related areas, respectively. Some commenters express concern 
to the exceptions for quantity limits on small arms ammunition, COMAT, 
batteries in wheelchairs, self-heating hair curlers, and self-defense 
spray. In addition, commenters requested clarification of the 
difference between carry-on vs. checked baggage. The comments submitted 
on those issues and our responses are discussed below.
1. Quantity Limits on Small Arms Ammunition
    The NPRM proposed to limit the amount of small arms ammunition 
allowed in checked baggage to 5 kg per person. Alaska Airlines, Alaska 
Air Carriers Association (AACA), and Customs and Border Protection, 
Port of Portland express concern regarding the quantity limits and 
clarification on ``other packagings'' authorized to carry small arms 
ammunition. Alaska Airlines and AACA state limiting the amount of small 
arms ammunition would result in serious economic harm to the tourist 
industry or hunters who travel to remote areas of the Alaska wilderness 
to hunt and fish, as well as those persons who live in remote areas who 
need small arms ammunition for their personal use. They do not support 
the proposed quantity limits on small arms ammunition. AACA suggests 
limiting it to 30 kg, a limit consistent with ORM-D packaging. AACA 
states, ``Many rural Alaskan residents rely on subsistence hunting as 
part of their lifestyle and to support their diet. They are regular 
consumers of small arms ammunition but Alaskan villages may typically 
have only one or two small retail stores with limited amounts of 
ammunition, and some villages do not have any regular options for 
purchase of small arms ammunition.'' AACA further states, ``Alaska's 
tourism industry also relies on air transportation of hunters to remote 
wilderness areas where there are no options for re-supply of 
ammunition. Recreational hunters often travel to remote locations for 
extended trips lasting from 7 to 21 days or more. Such hunters 
typically carry more than one kind of weapon and their combined 
ammunition for all weapon types can easily exceed the 5 kg limit.'' 
Alaska Airlines requests a blanket exemption for carrying these 
products and states, ``For Alaska to support the proposed rule as 
written, we must know we will be able to get a blanket exemption 
permitting our passengers at any of our United States locations to 
check in baggage the 50 pounds per person they have been doing safely 
for years (still employing the proven packaging requirements).'' ATA 
supports the 5 kg (11 pound) limit as proposed for small arms 
ammunition carried in checked baggage. ATA states ``this limit aligns 
the HMR with [the International Civil Aviation Organization Technical 
Instructions (TIs)] and places bounds on the previous ``personal use'' 
exception. Some carriers that serve hunting destinations may 
individually wish to seek higher limits through exemptions.''
    Though we agree with ATA international harmonization is beneficial, 
we are compelled to account for the concerns raised by Alaska Airlines 
and AACA. Therefore, after reevaluating our proposal to limit small 
arms ammunition to 5 kg (11 pounds), we have decided not to adopt the 
proposed small arms ammunition limit. In addition, we would like to 
note that even though we are not adopting this provision, Sec.  171.11 
provides air carriers with the option of following the ICAO Technical 
Instructions which limits the amount of small arms ammunition to 5 kg 
per passenger.
    Customs and Border Protection (CBP) suggests the proposed changes 
need further clarification as to what constitutes ``other packagings 
specifically designed to carry small amounts of ammunition.'' According 
to CBP, many Federal law enforcement officers are experiencing 
difficulties with inconsistent enforcement of these requirements. 
According to CBP:

    In the recent past TSA and airline policies on the transport of 
``duty'' ammunition by these officers have been inconsistent and 
non-uniform. TSA Screeners and airlines at one airport would allow 
an officer to transport his duty ammunition in the firearms magazine 
or clip (removed from the weapon). Upon the officers return trip 
from a different airport the local policy would require the 
ammunition to be transported in the original ``off the shelf'' 
styrofoam and cardboard box. This causes problems when an officer is 
suddenly advised he can not fly unless he has original type 
packaging material. The proposed changes to new Sec.  175.10(a)(8) 
do not clearly address this situation.

    In addition, CBP suggests magazines and clips are designed to 
safely transport ammunition and to protect the primer end of the round 
from impacts may result in accidental discharge; according to CBP, 
store packaging of ammunition in thin cardboard boxes with a styrofoam 
insert provides no such protection of the primers. CBP states, ``If a 
magazine or clip is not deemed suitable for transport then specifics on 
packaging for small amounts of ammunition must be clearly outlined to 
facilitate a uniform national interpretation of the standards.''
    The current requirement to securely package small arms ammunition 
for personal use in boxes or other packages specifically designed to 
carry ammunition provides a flexible packaging standard may be met 
using a variety of different packaging configurations. Similarly, the 
requirement for clips and magazines to be securely boxed is 
sufficiently descriptive to provide a variety of safe shipping options 
for shippers and carriers. Section 173.63 provides similar requirements 
for ``Cartridges, small arms'' and ``Cartridges, power devices'' 
shipped as ORM-D materials. Those provisions have an established 
history of safety and we are confident the adoption of proposed 
revisions to this paragraph will have similar results. In addition, we 
recognize the vast majority of persons transporting ammunition aboard 
an aircraft (i.e., sportsmen, law enforcement officers, military 
personnel, and competitive shooters) are knowledgeable about ammunition 
safety. Many will choose to transport and store their ammunition in 
hardened plastic cases intended to provide protection. Others will 
choose to transport their ammunition in the manufacture's original 
packaging, clips, or magazines--all of which can be safely

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transported provided they completely and securely enclosure the 
ammunition (see letter of interpretation dated April 12, 2005 from Mr. 
John Gale to Mr. Marc Joyeuse). The intention of this change is not to 
develop a new packaging for ammunition; it is to ensure a limited 
amount is transported safely, in secure packages that provide adequate 
protection from the conditions normally incident to transportation 
aboard an aircraft.
2. COMAT
    The NPRM clarified exceptions applicable to COMAT shipments apply 
only to an airline transporting ``its own'' replacement items. ATA asks 
PHMSA to delete the proposed change in new Sec.  175.8(b). ATA notes 
carriers have had reciprocal arrangements where they obtain replacement 
items from each others' inventories in order to expedite movement of 
the item to the location where it is needed. ATA states ``it is 
irrelevant for safety purposes whether ownership of the replacement 
item has actually passed to the carrier that transports it for use as a 
replacement.''
    We do not agree the exception for COMAT materials should be 
expanded to include the transportation of replacement parts by one 
airline for another airline. COMAT consists of spares and supplies 
intended for the repair or replacement of parts by the air carrier on 
which it is transported. Parts and supplies transported for other 
airlines must be transported in accordance with the HMR. To clarify the 
COMAT exception and the exception for installed equipment, in this 
final rule, we moved the exception from paragraph (b) of Sec.  175.8 to 
paragraph (a) and have replaced the proposed text of paragraph (a) with 
the text currently in Sec.  175.10(a)(1) and (a)(2).
    ATA also asks PHMSA to adopt a similar special provision to the 
proposed Special Provision A59 on tire assemblies for aircraft 
batteries. ATA suggests this will further align the HMR with ICAO 
Special Provision A51 for batteries, just as the proposed Special 
Provision A59 for tire assemblies aligns with ICAO Special Provision 
A59 for tire assemblies. ATA states ``this change will make it clear 
that carriers may continue their current practices regarding COMAT 
shipment of aircraft batteries.'' ATA's comment is beyond the scope of 
this rulemaking. We will consider the addition of a special provision 
in a future rulemaking as suggested by ATA.
    Regional Airline Association (RAA) requests clarification as to 
which exceptions apply to ``will not carry'' operators. For example, 
RAA suggests ``will not carry'' operators should be permitted to carry 
limited hazardous material COMAT if packaged in a manner acceptable to 
FAA and provided the operator's training and procedures are acceptable 
to FAA. RAA suggests air carriers incur a significant cost due to the 
current hazmat rules for ``will not carry'' operations. RAA also 
requests clarification of exceptions for passengers and crewmembers on 
``will not carry'' airlines.
    A ``will not carry'' operator is one who makes a business decision 
not to carry hazardous materials and indicates this decision in item 23 
of its operations manual, in accordance with 14 CFR Subpart G--Manual 
Requirements (Sec.  121.135). The FAA does not prohibit ``will not 
carry operators'' from transporting those materials excepted in Sec.  
175.10(a). The HMR does not apply to those materials transported in 
accordance with Sec.  175.10.
3. Batteries in Wheelchairs
    ATA requests revisions to certain aspects of the provisions in part 
175 applicable to non-spillable batteries. According to ATA, ``Most 
wheelchairs that carriers check as baggage or examine in recent years 
have non-spillable batteries; spillable batteries have become 
relatively rare. Wheelchair design has changed in ways that make it 
very difficult for carriers to comply with the existing visual 
inspection and battery disconnection requirements, which PHMSA proposes 
to carry over to the new section Sec.  175.10(a)(15).'' Therefore, ATA 
requested PHMSA modify the proposed Sec.  175.10(a)(15)(ii) and (iii) 
to recognize the current state of wheelchair technology.
    ATA further states:

    Visual inspection and disconnection of a non-spillable battery 
should not be required if both of the following are satisfied: (1) 
the wheelchair has a disconnect mechanism, and carrier personnel use 
that mechanism to disconnect the power source, and (2) carrier 
personnel are able to verify, without disassembling the chair to 
view the battery itself, that the battery is non-spillable. If a 
carrier cannot satisfy either of these requirements, it is 
appropriate to require visual inspection to determine whether the 
battery is non-spillable. If the carrier performs a visual 
inspection and verifies that the battery is non-spillable, the 
carrier should be permitted to use a disconnect mechanism if the 
chair has one, or to disconnect the battery if the chair does not 
have a disconnect mechanism. ATA agrees that spillable batteries 
pose both an electrical and chemical safety risk, and the current 
visual inspection and disconnection requirements for them should be 
maintained.

    ATA suggests these modifications will increase convenience for 
traveling disabled passengers by decreasing the time for carriers to 
return checked chairs to passengers. In addition, ATA suggests these 
modifications would decrease the damage to wheelchairs.
    ATA's comments are beyond the scope of this rulemaking. However, we 
will consider the revisions suggested in a future rulemaking.
4. Carry-On vs. Checked Baggage
    RAA requests further clarification of the terms ``carry-on 
baggage'' and ``checked baggage.'' According to RAA, ``there seems to 
be the implication that carry-on baggage is stowed in the passenger 
cabin and accessible to persons during flight and that checked baggage 
is stowed within a cargo hold; that is not the case for regional 
airplane operations.'' RAA asks PHMSA to clearly define these terms. As 
RAA states:

    Most ``carry-on'' bags on regional airplanes are stowed in the 
cargo hold; they are thoroughly checked by TSA as carry-on bags but 
are brought to the gate by the passengers and then loaded planeside 
into the cargo holds since there is no room for them in the 
passenger compartment. Placement of many carry-on bags that are 
taken to the gate for flights on very large airplanes (e.g. Boeing 
and Airbus) are also loaded planeside in the airplane's bulk cargo 
hold because they may not fit in an overhead compartment or there 
simply isn't enough room in the passenger compartment. We therefore 
see no distinction then between the two types of bags once they are 
placed onboard the airplane.

    The HMR do not include definitions for ``checked'' or ``carry-on'' 
baggage. In the absence of a definition in the HMR, a term has the same 
meaning as in a dictionary or other source. Thus, when the HMR refer to 
``checked baggage,'' the term means items of baggage offered to an 
airline for transportation in the hold of an aircraft inaccessible to 
the passenger during the flight for which the airline issues a claim 
check. When the HMR refer to ``carry-on baggage,'' the term means 
baggage for which no claim check is issued and can be carried into the 
passenger cabin of an airplane by a passenger or crewmember. These 
issues have not been addressed by this rulemaking; therefore, they are 
beyond its scope.
5. Self-heating Hair Curlers
    The HMR include an exception for hair curlers containing 
hydrocarbon gas allowing no more than one hair curler per passenger or 
crew member, provided the safety cover is securely fitted over the 
heating element. This section is clarified by including the North 
American term ``curling iron'' to describe hair curlers and by citing 
``butane'' as an example of a

[[Page 14590]]

hydrocarbon gas. ATA suggests the self-heating hair curlers referred to 
in Sec.  175.10(a)(6) should include devices using liquid fuel as well 
as hydrocarbon gas fuel. We disagree. The current exception permits 
self-heating hair curlers to be transported in carry-on or checked 
baggage and includes curling irons using a hydrocarbon gas rather than 
electricity for power. This exception provides travelers with an option 
when the use of curlers heated by electricity is not an option. 
Allowing a flammable liquid burning heating source to be transported in 
carry-on or checked baggage poses an unnecessary flight safety risk.
6. Self-defense Spray
    ATA asks PHMSA to delete the proposed Sec.  175.10(a)(9) allowing 
the carriage of a self-defense spray in checked bags. According to ATA, 
this would harmonize the HMR with ICAO and IATA, which provide no 
exception for self-defense sprays in checked bags.
    We recognize the current HMR exception for self-defense spray is 
not consistent with ICAO and IATA. However, harmonization is not always 
appropriate. The exception is used frequently by passengers and 
crewmembers to ensure their safety at destination. We do not agree 
permitting one container of self-defense spray in checked baggage poses 
a flight safety risk. Passengers traveling internationally should note 
that many foreign countries do not allow self-defense spray to be 
transported in checked or carry-on luggage.
7. Reformatting of Exceptions in Sec.  175.10
    Based on the comments received, we are adopting the amendments to 
divide the current exceptions in Sec.  175.10 into three different 
sections: Sec. Sec.  175.8, 175.9, and 175.10. Each section will cover 
a category of exceptions. Section 175.8 will cover operator equipment 
and items of replacement (including COMAT); Sec.  175.9 will cover 
special aircraft operations (crop-dusting, parachuting, etc.); and 
Sec.  175.10 will cover exceptions for passengers, crewmembers, and air 
operators. Separating and categorizing these exceptions will make the 
regulations easier to use and minimize confusion concerning the 
applicability of certain paragraphs.
    New Sec.  175.8 incorporates the exceptions for operators covering:

--Aviation fuel and oil
--Hazardous materials required for airworthiness
--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
--Spares (COMAT) for installed equipment
--Tire assemblies.

    New Sec.  175.8 also clarifies the exceptions for aircraft spares 
(COMAT) are applicable only to an operator transporting its own 
equipment. The paragraph on COMAT deletes the references to tires as 
this exception already exists in Sec.  173.307(a)(2). Also, current 
Sec.  175.10(a)(7) dealing with the stowage of oxygen cylinders is 
moved to the new Sec.  175.501 (See Sec.  175.8(b)(1)).
    We are revising Sec.  173.307(a)(2) to reference Sec.  175.8(b)(4) 
for tires transported by aircraft. Section 175.8(b)(4) 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.
    New Sec.  175.9 incorporates exceptions for the following special 
aircraft operations:

--Aerial seeding, crop dusting, spraying, etc.
--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, and 
avalanche control.

    Also added to this new section are exceptions for operations 
dedicated to firefighting and prevention, air ambulances, and search 
and rescue operations. We have edited references to FAA approvals 
throughout this section to reflect either the FAA Flight Standards 
District Office or the FAA Principal Operations Inspector, whichever is 
more appropriate. Emergency services not performed under dedicated 
operations must comply with the HMR. The exceptions in Sec.  175.9 are 
not for general transportation. In addition, applicable FAA operating 
specifications and Federal Aviation Requirements apply.
    New Sec.  175.10 contains exceptions for hazardous materials 
carried by passengers and crewmembers. These provisions have been 
edited for clarification. The most common edit was to put the name of 
the excepted article at the beginning of the sentence so it is easy to 
find.
    The following table lists the provisions in the current Sec.  
175.10(a) and indicates the new location of the provision as adopted in 
this final rule.

----------------------------------------------------------------------------------------------------------------
           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) and (b), 173.307(a)(2).
(a)(3) aerial seeding, crop dusting, etc....  175.9(a).
(a)(4) medicinal/toilet articles, 2.2         175.10(a)(1)--self defense spray (a)(9).
 aerosols.
(a)(5) small arms ammunition................  175.10(a)(8).
(a)(7) oxygen furnished by operator.........  175.8(b).
(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(b).
(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).

[[Page 14591]]

 
(a)(25) lifejacket with gas cartridges......  175.10(a)(11).
(a)(26) small mercury thermometer...........  175.10(a)(7).
(a)(27) lithium batteries and cells.........  175.10(a)(17).
----------------------------------------------------------------------------------------------------------------

    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) has been revised to clarify that safety 
matches and lighters may be carried on one's person or in carry-on 
baggage. This change stems from a February 13, 2003 memorandum from Mr. 
Edward Mazzullo to Mr. William Wilkening addressing the current 
allowance for safety matches or a lighter to be carried on one's 
person. The memo clarifies the phrase ``one's person'' to include the 
passenger and his carry-on baggage.
    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 the new location for the small arms 
ammunition exception. This sub-paragraph is clarified to indicate 
ammunition clips and magazines must be securely boxed.
    Section 175.10(a)(9) is the new location for the self-defense spray 
exception. It had previously been included in the quantity limits for 
medicinal and toilet articles. In its previous location the exception 
was difficult to locate; the move to this subparagraph makes it more 
visible.
    Section 175.10(a)(10) is the new location for the dry ice 
exception. The exception, currently located in Sec.  175.10(a)(13), 
includes two different net quantities allowed for dry ice--2 kg (4.4 
pounds) and 2.3 kg (5 pounds)--depending on how it is carried. In 
addition, it is unclear whether the marking requirements are to be 
applied only to checked baggage or if they must be applied to both dry 
ice in cargo and checked baggage. The new subparagraph maintains the 
current quantities by allowing 2.3 kg (5 pounds) to be carried in 
checked baggage and 2 kg (4.4 pounds) to be carried in carry-on 
baggage. In addition, the new subparagraph clarifies the marking 
requirements are for checked baggage only. We had proposed to limit the 
amount of dry ice in checked and carry-on baggage to 2.0 kg (4.4 
pounds); however, due to international changes we decided to maintain 
the current allowance. The exception for dry ice used in food service 
by the operator is moved to Sec.  175.8(b)(2). The 2.3 kg (5 pounds) 
exception for dry ice transported as cargo is now incorporated in Sec.  
173.217. However, the maximum amount of dry ice allowed on board a 
flight is established by airworthiness requirements and operating 
specifications. FAA's Advisory Circular 91-76 dated September 30, 2004 
outlines currently authorized limits.
    Section 175.10(a)(11) is modified. Self-inflating life jackets may 
be carried with two cartridges of CO2 (or other suitable 
Division 2.2 gas), as adopted in a final rule issued under docket HM-
215E (68 FR 44991; July 31, 2003).
    Section 175.10(a)(15) is clarified by replacing the term 
``underwater torch'' with the North American term ``diving lamp''.
    Section 175.10(a)(17) is replaced. Old Sec.  175.10(a)(27) was 
adopted in an interim final rule published under Docket HM-224E (69 FR 
75207; December 15, 2004). The new section provides an exception for 
lithium batteries in consumer electronic and medical devices (watches, 
calculators, cameras, cellular phones, lap-top computers, camcorders, 
and hearing aids, etc.) containing lithium cells or batteries, and 
spare lithium batteries and cells for these devices, when carried by 
passengers or crew members in carry-on or checked baggage for personal 
use. In addition, each installed or spare battery must conform to the 
following:
    (1) The lithium content of the anode of each cell, when fully 
charged, is not more than 5 g; and
    (2) The aggregate lithium content of the anodes of each battery, 
when fully charged, is not more than 25 g.
    New Sec.  175.10(b) includes the provisions adopted in HM-215E 
authorizing carriage of these excepted hazardous materials in passenger 
baggage unintentionally separated from the flight carrying the 
passenger (misrouted).

D. 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 FAA's hazardous 
materials training requirements in 14 CFR 121.401, Part 121 Subpart Z, 
135.323, and Part 135 Subpart K (as amended in FR Vol. 70, No. 194; 
published October 7, 2005). The FAA requirements prescribe additional 
training for air carriers. Aircraft operators may substitute training 
provided in accordance with 14 CFR for training required by Part 172 to 
the extent that the training provided under 14 CFR satisfies 
requirements in Part 172.
    A ``hazmat employee'' is defined in Sec.  171.8 to mean a person 
``who in the course of employment performs 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.''
    We received no comments regarding the proposed revision to this 
section; therefore, it is adopted as proposed in the NPRM. This final 
rule thus clarifies the HMR (including training) apply to any person 
who performs, attempts to perform, or is required to perform any 
function subject to this subchapter, including air carriers, indirect 
air carriers and freight forwarders and their flight and non-flight 
employees, agents, subsidiary and contract personnel that accept 
hazardous materials for air transportation.

E. 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 offerors of cargo and passengers of the requirements applicable 
to offering or carrying hazardous materials and the penalties for 
failure to comply with

[[Page 14592]]

those requirements. Section 175.25 requires aircraft operators to 
display notices warning passengers against carrying hazardous materials 
aboard aircraft in their checked or carry-on luggage and 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. Display 
of notices are not required at unattended locations if there is a 
general notice prominently displayed advising customers shipments of 
hazardous materials at the location are prohibited. In addition, 
notices are not required to be displayed at a shipper's facility where 
packages of hazardous materials are accepted.
    In a final rule published July 10, 1998 (63 FR 37454), we revised 
Sec. Sec.  175.25 and 175.26 to reflect changes in the statutory 
citations and penalties, and to provide carriers greater flexibility. 
These notices are intended to inform customers of hazardous material 
identification procedures, 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 
required to be contained on the notice.
    In some cases, cargo terminals are co-located with passenger 
terminals. To make it easier for the industry to comply with signage 
requirements, FAA and RSPA stated in a final rule published September 
27, 1993 (58 FR 50496) display of separate passenger and cargo notices 
is not required at these passenger terminals.
    We did not propose any amendments to the signage requirements in 
Sec. Sec.  175.25 and 175.26. However, in an effort to further clarify 
these requirements and provide consistency with Sec.  175.26, we did 
propose to revise the terminology in Sec.  175.25 by changing ``each 
aircraft operator'' to ``each person.''
    ATA supports PHMSA's efforts to educate shippers and the public 
about hazardous materials restrictions. For clarity, ATA suggests 
revising the opening sentence of Sec.  175.25 to add the word ``air,'' 
as follows: ``Each person who engages in for-hire air transportation of 
passengers * * *'' We agree the suggested change provides further 
clarity and are adopting it in this final rule. We will also continue 
to work with the airlines and the airports to ensure the passengers and 
shippers of cargo aboard aircraft are aware of the dangers and the 
regulations for shipping hazardous materials.

F. 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 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). 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 not declared, intentionally or 
unintentionally, by the offeror to contain hazardous materials, and 
there is no attempt to comply with the HMR.
    The responsibility to reject any shipment of hazardous materials 
not fully in full compliance with the HMR stems from the authority in 
49 U.S.C. 5123 to assess a civil penalty against any person who 
``knowingly violates'' any requirement in the HMR. Section 5123(a) 
provides 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. To ignore readily apparent facts 
indicating 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 may not be 
properly marked, labeled, placarded, or described on a shipping paper 
as containing a hazardous material, would not represent reasonable 
care.
    Section 175.30(d) excepts materials classed as ORM-D from the 
inspection requirements. In the NPRM, we proposed to remove this 
exception. Materials reclassed as ORM-D should be subject to the 
inspection requirements of Sec.  175.30(b) and (c) to ensure all 
packages containing hazardous materials are in proper condition for 
transportation aboard aircraft.
    ATA; UPS; Association of Hazmat Shippers (AHS); and FedEx Express 
ask PHMSA to leave the exception provided in Sec.  175.30(d) for 
consumer commodities and not remove it as proposed. ATA states removing 
the exception would result in inconsistency with the ICAO acceptance 
procedures in part 7;1.1.1(b) for similar shipments under Packing 
Instruction 910. ATA suggests PHMSA provided no safety justification 
for removing the exception, noting the break down and rebuilding a unit 
load device (ULD) containing ORM-D materials provides more opportunity 
to damage those packages. In addition, ATA suggests removal of the 
exception could lead to international consistency and competitive 
issues where foreign operators will offer their customers expedited 
processing while U.S. carriers will have to spend more time processing 
their packages individually. UPS and AHS also comment there is no 
incident history to justify removal of the exception and the increased 
handling could lead to greater costs for U.S. operators and increased 
damages during handling.
    We disagree with the commenters and are adopting the proposal to 
remove the exception in Sec.  175.30(d) for materials classed as ORM-D. 
Today's transportation environment also warrants inspection of 
materials reclassed as ORM-D to ensure the safety and security of the 
hazardous material shipment. Inspection is one of the only means 
available to ensure packages containing hazardous materials are in 
proper condition for transportation aboard aircraft. In addition, the 
change is consistent with international regulations. International 
regulations do not provide an ORM-D hazard class; therefore, 
international transportation of ORM-D materials is not permissible.
    ATA, UPS, AHS, FedEx Express, and Express.net Airlines, LLC 
request, for international consistency, PHMSA remove the proposed 
requirement for an operator to inspect overpacks to determine ``that a 
statement indicating the inside packages comply with the prescribed 
specifications appears on the outside of the overpack when 
specification packagings are

[[Page 14593]]

prescribed.'' ATA commented under HM-215G, final rule, ICAO Technical 
Instructions no longer require such a statement on overpacks. ICAO 
Technical Instructions require overpacks be marked ``Overpack.'' The 
commenter stated the proposed inspection requirement under this rule 
would only create confusion in international shipments.
    We agree, the text should be revised to be consistent with the 
final rule adopted under docket HM-215G (69 FR 76044; December 20, 
2004). Therefore, the proposed text is altered to require the operator 
to ensure the word ``OVERPACK'' appears on the outside of the overpack 
when specification packages are required. Note, however, the use of a 
statement indicating the inside packages comply with prescribed 
specifications is also authorized until October 1, 2007.
    Express.net Airlines requests a revision to Sec.  175.30(e)(1)(iii) 
to explain whether the ``one package'' limitation refers to a one cargo 
aircraft only package contained with other shipments acceptable on 
passenger aircraft, or the ``one package'' refers to the limitation 
only one package (total) may be overpacked.
    We believe proposed Sec.  175.30(e)(1)(iii) clearly indicates the 
operator is excepted from taking steps to establish an overpack does 
not contain a package bearing the ``CARGO AIRCRAFT ONLY'' label if the 
overpack contains a single package. The exception refers to a package, 
not a single package labeled with the ``CARGO AIRCRAFT ONLY'' label. 
Therefore, we are not altering the proposed language.

G. Section 175.31 Reports of Discrepancies

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

    A shipment containing a hazardous material must be offered to 
the carrier in accordance with the regulations. An offering occurs 
when (1) the package is presented, (2) the shipping paper is 
presented, (3) the certification is executed, and (4) the transfer 
of the package and shipping paper is completed with no further 
exchange (written or verbal) between the shipper and aircraft 
operator, as usually evidenced by the departure of the shipper. At 
this point, it is clear 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 required reporting to shipment discrepancies which are 
discovered [subsequent to] acceptance of the shipment for 
transportation and limits `reportable' discrepancies to those 
discrepancies which are not detectable as a result of proper 
examination by a person accepting shipment under the acceptance 
criteria of Sec.  175.30. This notification requirement will 
facilitate the timely investigation by FAA personnel of shipment 
discrepancies involving situations where inside containers do not 
meet prescribed packaging or quantity limitation requirements and 
where packages or baggage are found to contain hazardous materials 
after having been offered and accepted as other than hazardous 
materials.

    We proposed the addition of Sec.  175.31(a)(6) to require the 
address of the shipper or person responsible for the discrepancy, if 
known, to be reported by the air carrier. Currently, Sec.  175.31(b)(2) 
requires air operators to notify FAA, in part, when baggage subsequent 
to its offering and acceptance is found to contain undeclared hazardous 
materials. When security screeners suspect checked baggage may contain 
an unauthorized hazardous material, they bring the item to the 
attention of the air carrier so the air carrier can make a 
determination if the item is authorized to be in the baggage. If the 
air carrier determines the item constitutes a discrepancy, it must 
notify the FAA.
    In comments to the NPRM, ALPA expresses its disappointment with no 
amnesty program being proposed despite broad support for such a 
program. ALPA states if an amnesty program is considered in the future 
it should apply to carriers when they discover an undeclared hazardous 
material and not to shippers. ALPA stated, ``There is a clear 
difference in culpability between a carrier that fails to discover an 
undeclared shipment during or after acceptance and the entity that 
prepares and offers that shipment.''
    Though we did not propose an amnesty program under this rulemaking, 
as the primary agency delegated by the Secretary of Transportation to 
inspect and enforce the HMR in the air mode the FAA issued Advisory 
Circular 121-37, VOLUNTARY DISCLOSURE REPORTING PROGRAM--HAZARDOUS 
MATERIALS, on January 31, 2006. Holders of certificates under 14 CFR 
parts 119 and 125 and foreign air carriers issued operations 
specifications under 14 CFR part 129 who accept hazardous material for 
transport by air may voluntarily disclose to the FAA violations of 
certain hazardous materials regulations under this voluntary disclosure 
reporting program. This applies to violations of 49 CFR part 175, which 
cover certain reporting, training, acceptance, loading, unloading, 
handling, and stowage requirements. The voluntary disclosure reporting 
program applies only when the air carrier discovers an apparent 
violation and notifies the FAA HAZMAT Branch Manager before it learns 
of the apparent violation.
    In its comments, CORAR states proposed notification of any 
discrepancy without clarification implies simple discrepancies 
resulting from unintentional human error, such as a missing or 
illegible TI value on a Class 7 package label, would be subject to 
reporting. CORAR states, ``[E]xpanding of resources required to make 
and respond to such a report is not warranted, particularly when the 
proposed rule also requires that the report include the address of the 
shipper or person responsible for the discrepancy, if known, by the air 
carrier.'' CORAR disagrees with the proposal to add the requirement for 
the address of the shipper or person responsible for the discrepancy, 
if known, to be supplied by the air carrier. CORAR states, ``It seems 
obvious that any investigation resulting from the report of a 
discrepancy will include a review of shipping papers, air bills and 
package labels that will provide the name of the consignor.'' CORAR 
further states, ``Any conclusion of fault or root cause should be the 
responsibility of the investigator and not the reporting party in order 
to avoid any wrongful allegation or potential shifting of 
accountability from another party with a vested interest in hazardous 
materials distribution.''
    ATA suggests the volume of items now being removed from baggage has 
made it very burdensome for carriers to file discrepancy reports under 
the current Sec.  175.31 procedures. ATA states it strongly opposes the 
proposal to require the passenger address, if known, suggesting there 
must be broader and more effective and efficient means of public 
outreach by FAA than requiring carriers to research and supply 
thousands of addresses on commonplace items, e.g., lighters, spray 
starch, oversized cans of hairspray, which FAA might or might not use 
in

[[Page 14594]]

an individual outreach letter. ATA states, ``[R]esearching addresses 
could add to the already considerable burden of filing a report.'' 
According to ATA, ``To require carriers to provide addresses, if known, 
on all reports would only be providing considerable information that 
the FAA is unlikely to use.'' Additionally, ATA states, ``In the 
carrier's view, individual outreach would be appropriate only in cases 
where a passenger was carrying hazardous materials that pose more 
significant safety risks, such as fireworks.''
    We appreciate the points made by CORAR and ATA regarding the 
proposed requirement to include the address of the person responsible 
for the discrepancy in the discrepancy report. The address must only be 
included if it is known by the operator. In this final rule, we are 
adopting the proposed addition to Sec.  175.31(a)(6) to require the 
address of the shipper or person responsible for the discrepancy, if 
known, by the air carrier. Currently, Sec.  175.31(b)(2) requires air 
operators to notify FAA, in part, when baggage subsequent to its 
offering and acceptance, is found to contain undeclared hazardous 
materials. When security screeners suspect checked baggage may contain 
an unauthorized hazardous material, they bring the item to the 
attention of the air carrier accepting 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 the item constitutes a 
discrepancy, it must notify the FAA. Since January, 2002, the FAA has 
received more than 44,000 discrepancy reports from air carriers in 
accordance with the Sec.  175.31 reporting requirements. FAA and PHMSA 
have implemented numerous outreach initiatives intended to educate the 
public about the HMR. For example, PHMSA 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 
not authorized to 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, PHMSA and FAA believe a 
more targeted outreach and education campaign is necessary. With the 
advent of universal checked baggage security screening, the FAA has 
developed an electronic system that prioritizes the discrepancy reports 
received based on risk. Although many discrepancy reports include 
address information, most do not. When the passenger's or shipper's 
address information is included with a discrepancy report involving 
higher risk hazardous materials such as fireworks, gasoline, propane, 
etc, a manually prepared Letter of Investigation is generally sent to 
the alleged violator in an attempt to gain more information. When the 
relevant address information is included with a discrepancy report 
involving lesser risk hazardous materials, an outreach notice is 
generated and mailed to the responsible passenger. Since April 2005, 
the FAA has mailed over 10,000 of these automated outreach notices to 
airline passengers. The address of the passenger or shipper thought to 
be responsible for a reported discrepancy is a crucial element in the 
successful resolution of these events.
    As an interim measure, the FAA has experienced some success 
obtaining addresses as part of discrepancy reports by using subpoena 
authority contained in 49 U.S.C. Section 5121 and Part 13 of the 
Federal Aviation Regulations, 14 CFR part 13. This experience suggests 
many cases involve air carriers who know the relevant passenger's 
address information.
    CORAR also requests further clarification of the phrase ``as soon 
as practicable'' for reporting and asks us to establish a timeframe for 
reporting such as immediate, 24 hour, 30 days, etc. For purposes of 
Sec.  175.31, the phrase ``as soon as practicable'' means without undue 
delay. The person is not required to stop what they are doing and 
contact FAA immediately.

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

    In the NPRM, we proposed to consolidate all the requirements 
related to shipping papers (Sec.  175.35), their retention for two 
years after the material is accepted by the initial carrier (Sec.  
175.30(a)(2)), and the notification to pilot-in-command (NOPIC) into 
one section--Sec.  175.33, entitled ``Shipping papers and notification 
of pilot-in-command.''
    ATA states Sec.  175.33(b)(1)(i)(ii) requires extraneous and 
unnecessary information on a NOPIC. ATA asserts there is no safety-
related reason for a NOPIC to include information about outer 
packaging. According to ATA, the requirement was added to shipping 
certification in the HM-215G final rule, but is not required in a NOPIC 
under ICAO Technical Instructions 7.4.1.1(e) and (f). ATA states, 
``[T]hese elements have grown unintentionally as supplemental shipping 
paper requirements have been added to both U.S. and international 
regulations.'' ATA further states, ``Inclusion of details such as the 
EX number for airbags (but not for other explosives when the detail is 
marked on a package or shipping papers), State exemptions, or similar 
information cross-referenced to the shipping papers is irrelevant, and 
possibly confusing to the flight crew and/or emergency responders.'' 
ATA suggests these requirements should be discussed with DOT, FAA, 
National Transportation Safety Board and international authorities as 
appropriate. FedEx Express states it does not believe it is the intent 
of PHMSA to require a description of the outer package on the NOPIC 
which provides no safety benefit and could delay or keep emergency 
response personnel from reviewing pertinent information.
    We did not propose any revision to the requirements related to 
shipping papers or the preparation and delivery of a NOPIC. Therefore, 
the comments summarized above are beyond the scope of this rulemaking.
    ALPA proposes adding a revision to Sec.  175.33(b) to state, 
``allowing adequate time for review'', where the NOPIC is referenced. 
ALPA states operators or their agents wait until the very last minute 
before departure to provide flight crews with hazardous materials 
information contained in the NOPIC. According to ALPA, ``Just prior to 
departure is not the best time to provide this information to the 
flight crew. This does not allow the time required to properly examine 
the NOPIC, determine legality, and, where possible check the proper 
loading of these commodities.''
    We agree with ALPA, operators should provide the NOPIC to the 
pilot-in-command early enough to allow adequate time for review. 
However, we believe the current wording, which requires the NOPIC to be 
provided to the pilot-in-command as early as practicable, is adequate. 
Therefore, we are not adding the statement ``allowing adequate time for 
review'' to Sec.  175.33(b).

I. Section 175.40 Keeping and Replacement of Labels

    This section requires aircraft operators to maintain an adequate 
supply of labels in case a label becomes lost or destroyed. Consistent 
with the removal of this section from the other modal parts of the HMR, 
we proposed the removal of this section. Commenters who addressed this 
section support its removal. Therefore, in this final rule, we are 
removing the requirement as we proposed.

[[Page 14595]]

J. 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 authorized to be carried aboard passenger-carrying 
or cargo-only aircraft, and the location of those materials, 
respectively. The quantity limitations for hazardous materials 
permitted aboard passenger-carrying aircraft are specified in Sec.  
175.75(a)(2). This section states no more than 25 kg of hazardous 
materials and, in addition, 75 kg net weight of Division 2.2 (non-
flammable compressed gas) may be carried aboard a passenger-carrying or 
cargo-only aircraft:
    (1) In an accessible cargo compartment;
    (2) In any freight container within an accessible cargo 
compartment; or
    (3) In any accessible cargo compartment of a cargo-only aircraft if 
the hazardous materials are loaded as to be inaccessible unless in a 
freight container.
    Class 9 materials and consumer commodities are excepted from the 
quantity limitations of Sec.  175.75(a)(2). Section 175.85(b) requires 
hazardous materials packages acceptable for cargo-aircraft only to be 
loaded in a manner allowing access to the package by crew members.
    Section 175.85(a) prohibits the carriage of a hazardous material in 
the passenger cabin or on the flight deck of any aircraft, and 
specifies conditions under which hazardous materials may be carried on 
main-deck cargo compartments. Section 175.85(c)(1)(i) through (v) 
provides exceptions for cargo-only operations from the quantity 
limitations of Sec.  175.75(a)(2), and accessibility requirements of 
Sec.  175.85(b) for those hazardous materials listed. Section 
175.85(c)(2) provides exceptions, when other means of transportation 
are impracticable, to the accessibility requirement of Sec.  175.85(b) 
and the quantity limitation requirements of Sec.  175.75(a)(2) for 
hazardous materials acceptable by both cargo-only and passenger-
carrying aircraft. These exceptions require packages to be carried in 
accordance with procedures approved in writing by the nearest FAA Civil 
Aviation Security Field Office (CASFO). Columns 9A and 9B of the Sec.  
172.101 Hazardous Materials Table (HMT) specify limitations on 
individual package quantities, or list packages forbidden from 
transportation by aircraft. Section 173.27 specifies inner receptacle 
limits for combination packages.
    Sections 175.85(c)(3)(i) through (iii) provide exceptions for 
small, single-pilot cargo-only aircraft from the accessibility 
requirements of Sec.  175.85(b) and the quantity limits of Sec.  
175.75. These exceptions apply when small aircraft are the only means 
of transporting hazardous materials to a particular destination. This 
applies to airports and locations incapable of supporting larger 
aircraft operations, where the only means of access is by smaller 
aircraft. The provisions of Sec.  175.85(c)(3) do not require approval 
by the FAA.
    To make these requirements easier to understand, in the NPRM we 
proposed to merge the requirements of Sec. Sec.  175.75 and 175.85 into 
one section and remove any unnecessary paragraphs. We also proposed to 
eliminate the 25 kg cargo compartment restriction from cargo aircraft. 
We did not propose to increase or eliminate the limitation on the 
amount of hazardous materials authorized to be transported in an 
inaccessible cargo compartment of a passenger aircraft. We also 
proposed to eliminate from the exception in Sec.  175.85(c)(3) the 
requirement indicating shipment by other means of transportation is 
impractical. We did not propose to eliminate or modify the exception 
from the 25 kilogram limitation currently afforded Class 9 and ORM-D 
materials. In an effort to enhance compliance and further clarify the 
cargo loading requirements, we proposed to add a chart at the end of 
Sec.  175.75 to summarize these requirements.
    ALPA does not support the proposal to eliminate the 25 kg cargo 
compartment restriction provision from all cargo operations or cargo-
only aircraft. ALPA asserts the greatest danger to an aircraft in-
flight from hazardous materials is fire, and, according to ALPA, the 
quantity limitations and accessibility provisions reduce the potential 
danger. ALPA states, ``Increasing the quantities of hazardous materials 
that are inaccessible in cargo compartments without an active fire 
suppression system is not sound management of the safety risk.'' In 
addition, ALPA did not support the proposal to eliminate DOT E-11110 
and incorporating it into the HMR. This exemption authorizes the 
transportation of certain hazardous materials in an inaccessible 
location aboard a cargo aircraft in quantities exceeding those 
authorized by Sec.  175.75(a)(2). According to ALPA, the proposal is 
not warranted, and believed this change could significantly increase 
the potential for fire aboard an aircraft by avoiding these 
accessibility requirements.
    UPS supports the proposal to eliminate the 25 kg quantity limits, 
stating it recognizes safety margins represented by quantity limits and 
packaging requirements are applicable to shipments eligible for 
transportation on passenger aircraft. According to UPS, ``We note that 
outside the U.S., the lack of any requirements similar to the current 
Sec.  175.75 gives PHMSA a sound safety justification for its proposed 
amendment to this section.'' UPS also states, ``We foresee a 
simplification of training for employees, as a result of this proposal. 
This benefit is important, because we believe- and have believed for 
many years-that the effort expended on training loaders to comply with 
the current requirements of Sec.  175.75 can result in confusion among 
some employees.'' UPS also supports incorporation of the provisions of 
DOT-E 11110 into the HMR which authorizes the transportation of certain 
hazardous materials in an inaccessible location aboard a cargo aircraft 
in quantities exceeding those authorized by Sec. 175.75(a)(2) as a 
reduction in an administrative burden for both PHMSA and UPS.''
    ATA supports the proposal to merge Sec. Sec.  175.75 and 175.85, 
and eliminate the 25/75 kg cargo compartment restriction for cargo 
aircraft and the requirement for shipping by other means be 
impractical. However, ATA states PHMSA should also remove the current 
quantity restriction applicable to passenger aircraft and align the HMR 
with the ICAO Technical Instructions. In addition, the Association of 
HazMat Shippers (AHS) indicates it strongly supports removal of the 
cargo compartment restrictions for materials authorized aboard 
passenger aircraft when carried on cargo aircraft.
    RAA suggests the proposal in Sec.  175.75(a) is not appropriate for 
small cabin airplanes. For that reason, RAA asks PHMSA to remove the 
proposal from this section.
    To make these requirements easier to understand, we are adopting 
our proposal to merge the requirements of (Sec.  175.75 and 175.85 into 
one section and remove any unnecessary paragraphs. However, based on 
comments received and further consultation, we are not adopting our 
proposal to eliminate the 25 kg cargo compartment restriction from 
cargo aircraft. We agree, such a restriction is necessary for the 
safety of cargo aircraft transporting hazardous materials and 
inaccessible passenger aircraft quantities of hazardous materials on 
cargo-only aircraft operations would unnecessarily compound the 
situation faced by the crew in an unrelated fire.

[[Page 14596]]

Therefore, we are not adopting any proposal to modify the limitation on 
the amount of hazardous materials authorized to be transported in an 
inaccessible cargo compartment of a cargo aircraft.
    In this final rule, we are revising the provisions to clarify the 
quantity limitations to promote compliance and understanding. Thus, we 
are adopting our proposal to add a chart at the end of Sec.  175.75 to 
summarize these requirements and clarify the language. We are also 
adopting our proposal to eliminate from the exception in Sec.  
175.85(c)(3) the requirement for shipment by other means of 
transportation be impractical.
    The following table lists the existing paragraphs in (Sec.  175.75 
and 175.85 and indicates where we are moving them:

------------------------------------------------------------------------
        Old section and  paragraph            New section and paragraph
------------------------------------------------------------------------
175.75(a)(1)..............................  Removed as unnecessary.
175.75(a)(2)..............................  175.75(b).
175.75(a)(3)..............................  175.700.
175.75(b).................................  175.75(b) and (c).
175.85(a).................................  175.75(a).
175.85(b).................................  175.75(d).
175.85(c)(1)..............................  175.75(d)(1).
175.85(c)(2)..............................  175.75(d)(2).
175.85(c)(3)..............................  175.75(d)(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.
175.85(j).................................  175.75(a).
------------------------------------------------------------------------

K. 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 with 
the potential to react dangerously with one another may not be placed 
next to each other in a position allowing a dangerous interaction in 
the event of leakage. At a minimum, segregation instructions prescribed 
in the segregation table in Sec.  175.78 must be followed to maintain 
acceptable segregation between packages containing hazardous materials 
with different hazards.
    ALPA states PHMSA should address the loading compatibility and 
associated potential hazards of Class 8 corrosives in this rulemaking. 
ALPA states these materials present a unique risk to be addressed. 
According to ALPA, ``Strong acids and strong bases should be segregated 
onboard aircraft. While we recognize this issue would require 
substantial regulatory changes regarding hazard classification and 
hazard communication, we feel the relative danger of an interaction not 
the difficulty of regulatory change, should be the determining factor 
in whether these substances are segregated.''
    We did not propose to make this change in the NPRM. Therefore, the 
request is beyond the scope of this regulatory action. We may consider 
segregation of strong acids and strong bases onboard aircraft in a 
future rulemaking.

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

    In the NPRM, we proposed to merge the requirements of Sec. Sec.  
175.79 (Orientation of cargo); 175.81 (Securing of packages containing 
hazardous materials); and 175.88 (Inspection of unit load devices) into 
a single section--Sec.  175.88, entitled ``Inspection, orientation, and 
securing of packages of hazardous materials.''
    We received no comments on this proposal. Therefore, we are 
adopting our proposal to merge the requirements of (Sec.  175.79 
(Orientation of cargo); 175.81 (Securing of packages containing 
hazardous materials); and 175.88 (Inspection of unit load devices) into 
Sec.  175.88.

M. Section 175.90 Damaged Shipments

    We proposed no amendments for this section.

N. Section 175.305 Self Propelled Vehicles

    We proposed to move the requirements of this section to Sec.  
173.220. We received no comments on this proposal. Therefore, we are 
adopting our proposal to move the requirements of this section to Sec.  
173.220.

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

    Section 175.310, ``Transportation of flammable liquid fuel within 
Alaska or into other remote locations,'' provides exceptions for the 
shipment of flammable liquid fuels in the State of Alaska and other 
remote locations. Section 175.320 provides an exception from the 
quantity limitations in Sec. Sec.  175.75 and 172.101, when certain 
conditions are met. Section 175.320 authorizes the transportation of 
certain hazardous materials by cargo-only aircraft in inaccessible 
cargo locations when other means of transportation are impracticable. 
The term impracticable means transportation is not physically possible 
or cannot be performed by routine and frequent means of other 
transportation, due to extenuating circumstances.
    In the NPRM, we proposed to merge the passenger-carrying aircraft 
operations of current Sec.  175.310 and the cargo aircraft operations 
of the current Sec.  175.320 into one section. However, similar loading 
and operating requirements were broken out of each and combined into 
paragraphs that will apply to both types of operations. This resulted 
in some additional operator requirements for the passenger aircraft 
operations (the 14 CFR references to operating manuals and FAA 
approval) which do not exist in current Sec.  175.310. However, these 
requirements have applied to the operator via 14 CFR even though they 
were not specifically mentioned in the HMR.
    We proposed to remove the authorization to transport Class 1 
(explosive) materials in accordance with Sec.  175.320. In our view, 
because of security concerns and requirements, the carriage of 
explosives outside the normal requirements of the HMR should be handled 
by special permit. Alaska Air Carriers Association states the provision 
for Class 1 materials supports a variety of interests in Alaska 
including construction and mining, communities staging fireworks 
displays, and individuals in remote cabin parcels. AACA opposes the 
proposal eliminating the provision for Class 1 explosives because it 
did not consider the transportation of Class 1 materials within the 
United States where air is the only means of transportation; AACA 
suggests the provisions of Sec.  175.320 be re-instated. In addition, 
Northern Air Cargo also expressed concern regarding the proposal to 
eliminate the provisions for Class 1 materials, stating, ``Limiting 
shipments of explosives and requiring that an exemption for transport 
be requested with a minimum of 120 days lead time is unreasonable.'' It 
further states mining, construction and military operations and 
projects in inaccessible Alaskan locations by road or water make it 
difficult to give the kind of advance notice required to obtain an 
exemption. Northern Air Cargo asks PHMSA to continue the current Class 
1 provisions.
    In this final rule, we are adopting our proposal to remove the 
authorization to transport Class 1 (explosive) materials in accordance 
with Sec.  175.320 due to security reasons and in accordance with a 
February 10, 2004 final rule published under Docket HM-232C (69 FR 
6195). In

[[Page 14597]]

our view, because of security concerns and requirements, the carriage 
of explosives outside of the normal requirements of the HMR should be 
handled by special permit. 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 also adopting our proposal to remove the reference to 
flammable liquids mentioned by name and proposing a new combined 
section limited to fuels, similar to existing Sec.  175.310. Oil, 
toluene, and methyl alcohol would no longer be covered under this 
section unless they are being used as a fuel. We are adopting our 
proposal to remove the chart since there is only one commodity being 
covered (combustible liquids are mentioned in the paragraph covering 
bulk tanks). Fuels will 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 only in aircraft tanks designed to hold such 
liquids).

P. Section 175.501 Special Requirements for Oxidizers and Compressed 
Oxygen

    In the NPRM, we proposed to move the stowage requirements 
applicable to the transportation of compressed oxygen currently found 
in Sec. Sec.  175.10(a)(7), and 175.85(h) and (i), to a new section--
Sec.  175.501, entitled ``Special requirements for oxidizers and 
compressed oxygen.''
    We received no comments on this proposal. Therefore, we are 
adopting our proposal to move the stowage requirements applicable to 
the transportation of compressed oxygen currently found in Sec. Sec.  
175.10(a)(7), and 175.85(h) and (i), to Sec.  175.501.

Q. Section 175.630 Special requirements for Division 6.1 and Division 
6.2 Material

    No amendments were proposed or adopted in this section. However, 
two comments were received regarding this section from RAA and ATA. 
Both are beyond the scope of this rulemaking.

R. Sections 175.700, 175.701, 175.702, 175.703, 175.704, 175.705 and 
175.706 Transportation of Radioactive Materials Aboard Aircraft

    Sections 175.700, 175.701, 175.702, 175.703, 175.704, 175.705, and 
175.706 of part 175 contain numerous provisions related to the 
transportation of radioactive materials aboard aircraft. In the NPRM, 
we attempted to rewrite many of these provisions to facilitate 
understanding of these requirements. We proposed to move 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, it was 
not our intent to make any substantive revisions to Sec. Sec.  175.700, 
175.701, 175.702, 175.703, 175.704, or 175.705. With regard to the 
separation distances from undeveloped film, we proposed to remove them 
from the HMR. It is our belief such requirements should not be part of 
Federal regulations, but instead should be addressed by an agreement 
between the shipper and the airline. We also proposed to adopt the 
separation distances in the ICAO Technical Instructions for shipments 
aboard cargo aircraft of greater than 50 TI. The following table 
identifies the existing requirements and where we proposed 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)................................   175.706.
175.703(b)................................   175.703(a).
175.703(c)................................   175.703(b).
175.703(d)................................   175.700(a).
175.703(e)................................   Removed, already covered by
                                             Sec.   173.441.
175.704...................................   Only editorial changes made
                                             to this section.
175.705(a)................................   175.705(a).
175.705(b)................................   175.705(a).
175.706...................................   175.703(a).
------------------------------------------------------------------------

    The Federal hazardous materials transportation law addresses 
ionizing radiation material transportation. (49 U.S.C. 5114.) It states 
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, a person from carrying in a passenger-carrying aircraft 
any package required to be labeled in accordance with Sec.  172.403 
with a RADIOACTIVE YELLOW II or III label, unless certain provisions 
are met. In addition, Sec.  175.700(c) states (except for limited 
quantities) no person shall carry any class 7 material aboard a 
passenger-carrying aircraft unless the material is intended for use in 
research, medical diagnosis, or treatment.
    It appears some persons have misused the definition of ``research'' 
to avoid the restrictions in Sec.  175.700. We do not consider research 
to include the application of existing technology to industrial 
endeavors. For example, the use of radioactive material (e.g., iridium-
192) to detect cracks in oil field pipelines is not research, but the 
application of existing scientific knowledge. Therefore, we are 
adopting our proposal to revise the definition of research in Sec.  
171.8 to clearly indicate it does not include the application of 
existing technology to industrial endeavors.
    FedEx Express strongly supports the harmonization of the 
radioactive material separation distance requirements in Sec. Sec.  
175.701 and 702 with the IAEA Regulations for the Safe Transport of 
Radioactive Material, 1996 Edition (Revised) no. TS-R-1 and the ICAO 
Technical Instruction for the Safe Transport of Dangerous Goods by Air. 
These are practical changes, which will facilitate the air transport of 
radioactive material and enhance radiation safety.
    FedEx Express and CORAR support the adoption of the ICAO separation 
distances for radioactive material in quantities exceeding a total 
transport index of 50. They also support the allowance in Sec.  
175.700(b)(2) for a combined transport index of up to 200. According to 
CORAR, ``This adoption by regulations of conditional relief currently 
provided by carrier exemption is a good example of practical rulemaking 
that facilitates compliance and streamlines the efforts to transport 
time-sensitive materials without compromising public or occupational 
health and safety.''
    CORAR suggests changes to current limits on fissile material 
packages, as follows:

    (1) In Sec.  175.700(c)(1), there is no reason to limit a single 
fissile material package to a CSI no greater than 3.0. The fissile 
material package will have both a TSI and a CSI. The TSI will still 
be limited to not greater than 3.0, thereby limiting the external 
radiation exposure and will satisfy the congressional mandate on 
which that regulation is based.

[[Page 14598]]

    (2) In Sec.  175.700(c)(2), there is no reason to limit a single 
fissile material package to 10 CSI. Note that existing regulations 
limit a single fissile material package to no more than 50 CSI.
    (3) In Sec.  175.702(b), the reference to transport index should 
be eliminated. The separation distance for external radiation levels 
are governed by the table in Sec.  175.700(c)(2).

    We agree with CORAR's suggestions and have corrected the language 
in this final rule accordingly.
    CORAR supports the proposed removal of separation distance 
requirements for undeveloped film in Sec.  175.703 and agrees 
arrangements to prevent exposure should be made between shippers and 
carries and not mandated by regulation. However, Eastman Kodak does not 
support the proposal to remove the paragraph affecting the segregation 
of undeveloped film and radioactive sources aboard aircraft. Eastman 
Kodak suggests this provision provides a redundant and necessary 
assurance that undeveloped film products will not be compromised due to 
the proximity of certain radioactive sources during transportation. 
Kodak states, ``Film customers, ranging from members of the general 
public to the diagnostic, radiography and defense industries, rely on 
being able to capture unique and/or transient images. In many cases, 
these images cannot be recaptured, thus the consequences for the 
medical and defense sectors can be very significant.'' Kodak further 
states, ``Failure to have such requirements in place could result in 
damaged product and lead to increased cost and loss of critical 
information such as medical x-ray and aerial reconnaissance images.'' 
For this reason, Kodak recommends the elimination of the proposal to 
remove this provision and retention of the segregation provision.
    We agree with Eastman Kodak's viewpoints regarding the need to 
protect the film, especially in medical and defense related 
reconnaissance images. Also, we understand our regulations establish 
the only requirements for the protective separation distances between 
film and radioactive materials. As stated above, it is our belief 
separation distances for film should be established and maintained 
through an agreement between the airline and the shipper and should not 
be part of HMR. However, we have decided to continue regulating the 
separation distances between radioactive materials and film by not 
adopting the proposal to remove the separation provision in Sec.  
175.703(a), and we are moving these requirements to new Sec.  175.706.
    Express.Net Airlines, LCC asks PHMSA to add a definition of 
``routinely'' or delete the section altogether (175.705(d)). According 
to Express.Net, ``If the intent of this section is to address the 
dangers of cumulative exposure to radioactive material, carriers, using 
multiple aircraft and rotating crewmember assignments will minimize 
exposure compared to an air carrier with limited equipment or 
personnel.'' Because we did not propose to remove this term or section 
from the HMR, this comment is beyond the scope of this rulemaking.

III. Miscellaneous Proposals to the HMR

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

    Columns 9A and 9B of the Sec.  172.101 Hazardous Materials Table 
(HMT) specify limitations on individual package quantities, or list 
packages forbidden from transportation by aircraft. Section 173.27 
specifies inner receptacle limits for combination packages. In an 
effort to enhance compliance, we proposed to amend the heading for 
column 9 of the HMT to reference Sec. Sec.  173.27 and 175.75 as a 
reminder to comply with both section requirements for quantity 
limitations for transportation by aircraft.
    No comments were received on this proposal. We are adopting our 
proposal to amend the heading for column 9 of the HMT to reference 
Sec. Sec.  173.27 and 175.75 as a reminder to comply with both section 
requirements for quantity limitations for transportation by aircraft.

B. Tire Assemblies

    In the NPRM, we proposed to move the exception for tire assemblies 
from Sec.  175.8 to Special Provisions A59 in Sec.  172.102(c)(2).
    RAA does not agree moving this exception to Part 172 will 
facilitate awareness and consistency within air transportation and 
suggests it should remain in Sec.  175.8. RAA asserts operators will 
have interpretation problems with inspectors over what constitutes 
``protection from damage during transport'' for a tire and suggests a 
number of other problems concerning securement of tires in a cargo hold 
and the transportation of damaged tires. RAA recommends a requirement 
for a damaged tire to be deflated so its pressure is below 25 psig, 
which is the HMR definition for a Division 2.2 compressed gas.
    In accordance with RAA's comments, we are not adopting the proposed 
addition of tire assembly requirements to Special Provision A59. We 
agree placing the requirement in Sec.  175.8 will facilitate awareness 
and consistency in air transportation. Therefore, we are adding the 
requirements for tire assemblies proposed in Special Provision A59 to 
Sec.  175.8(b)(4) and adding a reference to Sec.  173.307(a)(2). We 
also agree the exception for tire assemblies should be tied to the 
definition of Division 2.2 gas. We have revised Sec.  175.8(b)(4) 
accordingly.

C. Small Quantities, Limited Quantities and Consumer Commodities

    The HMR contain exceptions for small quantities, limited 
quantities, and consumer commodities. These exceptions allow materials 
to be transported at reduced levels of regulation. Small quantities of 
hazardous materials are excepted from all other requirements of the 
HMR, provided certain criteria in Sec.  173.4 are met. Limited quantity 
exceptions in the HMR are based on the class of the hazardous material, 
and include more stringent requirements for air transportation. 
Materials meeting the limited quantity exception and also meet the 
definition of a consumer commodity as provided by Sec.  171.8, may be 
renamed ``Consumer Commodity'' and reclassed as ORM-D. Consumer 
commodities are excepted from specification packaging, labeling, 
placarding and quantity limitations applicable to air transportation. 
As currently written, these exceptions allow small quantities and 
consumer commodities to be transported by aircraft even though they may 
contain hazardous materials otherwise forbidden aboard aircraft. These 
exceptions are inconsistent with the ICAO Technical Instructions, which 
require 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 
Technical Instructions also prohibit the transportation of small 
quantities in checked and carry-on luggage.
    In the NPRM, we proposed to eliminate a provision of the HMR 
allowing 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 proposed for transportation by 
aircraft only, to adopt the ICAO Technical Instructions provision that 
requires shipments of limited quantities to comply with the passenger 
aircraft net quantity limitation in the HMT. We proposed to amend all 
the limited quantity sections of the HMR (e.g., Sec.  173.150) by 
stating,

[[Page 14599]]

for transportation by aircraft, only hazardous materials authorized 
aboard passenger-carrying aircraft may be transported as a limited 
quantity. In addition, we proposed to amend Sec.  173.4 (small 
quantities) to limit those small quantity materials authorized for 
transportation aboard aircraft to those materials allowed aboard 
passenger-carrying aircraft. We also proposed, consistent with the ICAO 
Technical Instructions, to forbid the transportation of small 
quantities of hazardous materials in carry-on or checked baggage.
    Anderson Products, Inc. opposes the proposed amendment to Sec.  
173.4 limiting the hazardous materials eligible for transport by 
aircraft under the small quantity except to those authorized aboard 
passenger aircraft. Anderson Products manufacturers and ships medical 
sterilization devices worldwide and suggests this revision as proposed 
would impose an undue economic burden on its shipments. Anderson 
Products also notes the ICAO Technical Instructions currently provide 
an exception under special provision A131 to permit ethylene oxide 
sterilization devices to be transported under the excepted quantities 
provision in 1;2.4 of the ICAO Technical Instructions in quantities 
containing less than 30 mL per inner packaging.
    Anderson Products suggests ``in the interest of full consistency 
with the ICAO Technical Instructions--which was apparently PHMSA's 
objective in proposing the new Sec.  173.4(a)(9)(i)--if the proposed 
new paragraph is to be adopted a similar exception should be provided 
in the HMR for ethylene oxide sterilization devices.'' In addition, 
Anderson Products ``questions the need to include the proposed new 
173.4(a)(9)(i) at all.'' According to Anderson Products, ``[T]here is 
no evidence to support that the more restrictive provisions adopted by 
ICAO which are now being proposed for incorporation into the HMR in the 
interests of ``consistency'' with ICAO, were necessary to ensure safety 
in air transport.''
    We agree with Anderson Products comments regarding the need for 
consistency with ICAO in this case and the need for an exception for 
ethylene oxide sterilization devices. Therefore, we are adopting the 
exception in Special Provision A131 of the ICAO Technical Instructions 
for ethylene oxide sterilization devices under a new Special Provision 
(A59) in 172.102. In addition, we are adopting Special Provision A75 of 
the ICAO Technical Instructions to provide a similar exception for 
hydrogen peroxide sterilization devices under a new Special Provision 
(A60) in 172.101.
    In this final rule, we are adopting our proposal to eliminate a 
provision of the HMR which inadvertently allows the transportation of 
hazardous materials forbidden aboard aircraft to be transported aboard 
aircraft as either a consumer commodity or small quantity material. In 
addition, we are adopting our proposal to amend all of the limited 
quantity sections of the HMR (e.g., Sec.  173.150) by stating, for 
transportation by aircraft, only hazardous materials authorized aboard 
passenger-carrying aircraft may be transported as a limited quantity. 
We are adopting our proposal to amend Sec.  173.4 (small quantities) to 
limit those small quantity materials authorized to be transported 
aboard aircraft to those allowed aboard passenger-carrying aircraft. 
However, we have decided to add new paragraph (a)(11) to Sec.  173.4 in 
place of redesignating paragraphs (a)(9) and (a)(10) as (a)(10) and 
(a)(11), respectively, and then adding new paragraph (a)(9). Adding one 
new paragraph to Sec.  173.4 is far less disruptive and much easier to 
follow than redesignating two paragraphs and adding a new paragraph. 
Except as noted above, we are also adopting our proposal, consistent 
with the ICAO Technical Instructions, to forbid the transportation of 
small quantities of hazardous materials in carry-on or checked baggage.
    The ICAO Technical Instructions provision to require shipments of 
limited quantities to comply with the passenger aircraft net quantity 
limitation in the HMT we proposed, was in error. The provision in ICAO 
is not consistent with the HMT net quantity limitation for passenger 
aircraft. Therefore, we are unable to adopt the provision as proposed 
and will not be making a change to the quantity limits for limited 
quantities.

D. Section 173.7

    In the NPRM, we proposed to move the exception currently in Sec.  
175.5(a)(2), related to an aircraft under the exclusive direction and 
control of a government, to Sec.  173.7. We also proposed to modify the 
exception by making it an exception from the ``subchapter'' and not 
solely an exception from part 175.
    No comments were received on these proposals. Therefore, we are 
adopting these amendments as proposed.

E. Section 173.217

    In the NPRM, in the proposed revision of Sec.  175.10, we proposed 
to maintain the exception for dry ice in checked and carry-on baggage 
and move the exception for dry ice in airline food service to Sec.  
175.8(b)(2). We proposed to relocate the exception for 2.3 kg (5 
pounds) of dry ice as cargo/freight to Sec.  173.217.
    We received no comments on this issue. Therefore, we are adopting 
the changes as proposed in the NPRM. In the revision of Sec.  175.10, 
we will maintain the exception for dry ice in checked and carry-on 
baggage and Sec.  175.8 will contain the exception for dry ice used in 
airline food service. To retain the 2.3 kg (5.0 pounds) exception for 
the shipment of dry ice as cargo/freight, we are adopting our proposal 
to move this exception from Sec.  175.10 to a new paragraph (f) in 
Sec.  173.217.

F. Section 173.220

    The proposed revision would move the requirements for self-
propelled vehicles from Sec.  175.305 to paragraph (b)(4)(iii) of this 
section. No comments were received on the proposed revision. Therefore, 
in this final rule we are moving the requirements for self-propelled 
vehicles from Sec.  175.305 to paragraph (b)(4)(iii).

IV. Rulemaking Analysis and Notices

A. Statutory/Legal Authority for This Rulemaking

    This final rule is published under the authority of the Federal 
hazardous materials transportation law (Federal hazmat law; 49 U.S.C. 
5101 et seq.) and 49 U.S.C. 44701. Section 5103(b) of the Federal 
hazmat law authorizes the Secretary of Transportation to prescribe 
regulations for the safe transportation, including security, of 
hazardous material in intrastate, interstate, and foreign commerce. 
Title 49 United States Code Sec.  44701 authorizes the Administrator of 
the Federal Aviation Administration to promote safe flight of civil 
aircraft in air commerce by prescribing regulations and minimum 
standards for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce and national security. Under 
49 U.S.C. 40113, the Secretary of Transportation has the same authority 
to regulate the transportation of hazardous material by air, in 
carrying out Sec.  44701, that he has under 49 U.S.C. 5103.

B. Executive Order 12866 and DOT Regulatory Policies and Procedures

    This final rule is not considered a significant regulatory action 
under section 3(f) of Executive Order 12866 and, therefore, was not 
reviewed by the Office of Management and Budget. This final rule is not 
considered a significant rule under the Regulatory Policies and

[[Page 14600]]

Procedures of the Department of Transportation [44 FR 11034].
    The changes resulting from this final rule have minimal cost 
implications that will be more than offset by the benefits. For 
example, the costs of altering the small quantity and limited quantity 
requirements so they allow only those materials authorized for 
transportation on passenger-carrying aircraft and the costs of 
including a new requirement in Sec.  175.3 for ORM-D materials to be 
inspected before they are placed aboard an aircraft are offset by 
eliminating the unacceptable risk to passengers and crew that existed 
prior to this final rule. A change with a minimal impact on the cost to 
carriers is the requirement to include the address of the shipper, if 
known, in the discrepancy report required by Sec.  175.31. However, the 
cost resulting from this new discrepancy report requirement will be 
offset by the benefits provided elsewhere in this final rule.
    In addition to the costs and benefits provided above, this final 
rule will provide several other benefits to help offset the costs. The 
majority of this rulemaking address clarification of requirements 
applicable to the transport of hazardous materials aboard aircraft. By 
focusing on clarity this final rule will enable shippers, carriers, and 
enforcement officers to gain a better understanding of the regulations. 
The changes we have adopted in this final rule will clarify the 
aircraft requirements, which, will promote compliance and enforcement 
in order to increase safety. Other increases in transportation safety 
are realized by harmonizing the domestic and international regulations 
where applicable. Harmonization will also provide for continued access 
to foreign markets by domestic shippers of hazardous materials. In 
addition, carriers will realize a cost savings from the elimination of 
the requirement for carriers to maintain replacement labels to be used 
in the event that a hazmat label becomes lost or damaged.
    The majority of amendments in this final rule result in cost 
savings and several ease the regulatory compliance burden for shippers 
engaged in domestic and international commerce, including trans-border 
shipments within North America.

C. Executive Order 13132

    This final rule has been analyzed in accordance with the principles 
and criteria contained in Executive Order 13132 (``Federalism''). This 
final rule preempts 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-
5128, 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.
    This final rule addresses subject areas 2, 3, and 4 above. This 
final rule preempts any state, local, or Indian tribe requirements 
concerning these subjects unless the non-Federal requirements are 
``substantively the same'' as the Federal requirements. This final rule 
is necessary to update and clarify the hazardous materials 
transportation requirements by aircraft which will enhance future 
compliance.
    Federal hazardous materials transportation law provides at Sec.  
5125(b)(2), 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. PHMSA 
proposes the effective date of Federal preemption will be 90 days from 
publication of a final rule in this matter in the Federal Register.

D. Executive Order 13175

    This final 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 final 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.

E. Regulatory Flexibility Act, Executive Order 13272, and DOT 
Procedures and Policies

    The Regulatory Flexibility Act (5 U.S.C. 601-611) requires each 
agency to analyze regulations and assess their impact on small 
businesses and other small entities to determine whether the rule is 
expected to have a significant impact on a substantial number of small 
entities. The provisions of this final rule 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. Provided we are only reorganizing the current 
requirements for the transportation of hazardous materials aboard 
aircraft and adopting provisions promoting cost savings, we anticipate 
a cost savings for the airline industry as a result of this final rule. 
While maintaining safety, this final rule relaxes certain requirements 
applicable to aircraft operators and would clarify existing provisions. 
Therefore, PHMSA certifies this final rule does not have a significant 
economic impact on a substantial number of small entities.
    This final rule has been developed in accordance with Executive 
Order 13272 (``Proper Consideration of Small Entities in Agency 
Rulemaking'') and DOT's procedures and policies to promote compliance 
with the Regulatory Flexibility Act to ensure that potential impacts of 
draft rules on small entities are properly considered.

F. Unfunded Mandates Reform Act of 1995

    This final rule does not impose unfunded mandates under the 
Unfunded Mandates Reform Act of 1995. It does not 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.

G. Paperwork Reduction Act

    This final rule does not impose any new information collection 
burden. Section 1320.8(d), Title 5, Code of Federal Regulations 
requires PHMSA to provide interested members of the public and affected 
agencies an opportunity to comment on information collection and 
recordkeeping requests.

[[Page 14601]]

We currently have approved information collections under OMB No. 2137-
0034, ``Hazardous Materials Shipping Papers and Emergency Response 
Information'' which expires May 31, 2008, and OMB No. 2137-0557, 
``Approvals for Hazardous Materials'' which expires March 31, 2008. 
This rule identifies only editorial revisions proposed as section 
designation changes, to these approved information collections. PHMSA 
submitted the revised information collection requests for editorial 
revisions as proposed changes in section designations to OMB for 
approval based on the requirements as proposed in this rule. OMB has 
approved both information collection requests submitted in association 
with this rulemaking and has extended these information collections 
until 2008.
    PHMSA specifically requested comments on the information collection 
and recordkeeping burdens associated with developing, implementing, and 
maintaining these requirements for approval under this rule. No 
comments were received regarding approved editorial changes to this 
information collection.
    Requests for a copy of the information collection should be 
directed to Deborah Boothe or T. Glenn Foster, Office of Hazardous 
Materials Standards (PHH-10), Pipeline and Hazardous Materials Safety 
Administration, Room 8430, 400 Seventh Street, SW., Washington, DC 
20590-0001, Telephone (202) 366-8553.
    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.

H. 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. The RIN number for this final rule is--RIN 2137-AD18.

I. 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 final rule. PHMSA proposed and is adopting in this final rule 
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.

J. 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, 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.


0
In consideration of the foregoing, 49 CFR Chapter I is amended as 
follows:

PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS

0
1. The authority citation for part 171 continues to read as follows:

    Authority: 49 U.S.C. 5101-5128, 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.


0
2. In Sec.  171.8, the definition of ``research'' is revised to read as 
follows:


Sec.  171.8  Definitions and abbreviations.

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

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

0
3. The authority citation for part 172 continues to read as follows:

    Authority: 49 U.S.C. 5101-5128, 44701; 49 CFR 1.45 and 1.53.


Sec.  172.101  [Amended]

0
4. In Sec.  172.101, in the Hazardous Materials Table:
0
a. The heading for column (9) is revised to read ``(9) Quantity 
limitations (see (Sec. Sec.  173.27 and 175.75)'';
0
b. The entry in column (8A) for Air, compressed is amended by adding 
``307'';
0
c. The entry in column (8A) for Nitrogen, compressed is amended by 
adding ``307'';
0
d. The column (2) is amended by adding the entry ``Tires and tire 
assemblies, see Air, compressed or Nitrogen, compressed.'';
0
e. The entry in column (7) for ``Ethylene oxide or Ethylene oxide with 
nitrogen up to a total pressure of 1MPa (10 bar) at 50 degrees C.'' is 
amended by adding ``A59''; and
0
f. The entry in column (7) for ``Hydrogen peroxide, aqueous solutions 
with more than 40 percent but not more than 60 percent hydrogen 
peroxide (stabilized as necessary).'' is amended by adding ``A60''.

0
5-10. In Sec.  172.102, in paragraph (c)(2), Special Provisions A59 and 
A60 are added to read as follows:


Sec.  172.102  Special Provisions.

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

Code/Special Provisions

* * * * *
    A59 Sterilization devices, when containing less than 30 mL per 
inner packaging with no more than 300 mL per outer packaging may be 
transported in accordance with provisions in

[[Page 14602]]

Sec.  173.4(a)(11)(i). In addition, after filling, each inner 
packaging must be determined to be leak-tight by placing the inner 
packaging in a hot water bath at a temperature and for a period of 
time sufficient to ensure an internal pressure equal to the vapor 
pressure of ethylene oxide at 55 [deg]C is achieved. Any inner 
packaging showing evidence of leakage, distortion or other defect 
under this test may not be transported under the terms of this 
special provision. In addition to the packaging required in Sec.  
173.4, inner packagings must be placed in a sealed plastic bag 
compatible with ethylene oxide and capable of containing the 
contents in the event of breakage or leakage of the inner packaging. 
Glass inner packagings must be placed within a protective shield 
capable of preventing the glass from puncturing the plastic bag in 
the event of damage to the packaging (e.g., crushing).
    A60 Articles such as sterilization devices, UN2014, Hydrogen 
peroxide, aqueous solutions with more than 40 percent but not more 
than 60 percent hydrogen peroxide (stabilized as necessary), when 
containing less than 30 mL per inner packaging with not more than 
150 mL per outer packaging, may be transported in accordance with 
the provisions in Sec.  173.4, irrespective of Sec.  
173.4(a)(11)(i), provided such packagings were first subjected to 
comparative fire testing. Comparative fire testing must show no 
difference in burning rate between a package as prepared for 
transport (including the substance to be transported) and an 
identical package filled with water.
* * * * *

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

0
11. The authority citation for part 173 continues to read as follows:

    Authority: 49 U.S.C. 5101-5128, 44701; 49 CFR 1.45 and 1.53.


0
12. In Sec.  173.4, new paragraph (a)(11) is added to read as follows:


Sec.  173.4  Small quantity exceptions.

    (a) * * *
    (11) 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.
* * * * *

0
13. In Sec.  173.7, the section heading is revised and a new paragraph 
(f) is added to read as follows:


Sec.  173.7  Government operations and materials.

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

0
14. In Sec.  173.27, in paragraph (a), the second sentence is revised 
to read as follows:


Sec.  173.27  General requirements for transportation by aircraft.

    (a) * * * Except for materials not subject to performance packaging 
requirements in subpart E of this part, a packaging containing a 
Packing Group III material with a primary or 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.
* * * * *

0
15. In Sec.  173.63, the introductory text in paragraph (b)(1), is 
revised to read as follows:


Sec.  173.63  Packaging exceptions.

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

0
16. In Sec.  173.150, the introductory text in paragraph (b) is revised 
to read as follows:


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

* * * * *
    (b) Limited quantities. Limited quantities of flammable liquids 
(Class 3) and combustible liquids are excepted from labeling 
requirements, unless offered for transportation or transported by 
aircraft, and the specification packaging requirements of this 
subchapter when packaged in combination packagings according to this 
paragraph. For transportation by aircraft, the package must also comply 
with the applicable requirements of Sec.  173.27 of this subchapter 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:
* * * * *

0
17. In Sec.  173.151, the introductory text in paragraphs (b) and (d) 
is revised to read as follows:


Sec.  173.151  Exceptions for Class 4.

* * * * *
    (b) Limited quantities of Division 4.1 flammable solids. Limited 
quantities of flammable solids (Division 4.1) in Packing Groups II and 
III are excepted from labeling, unless offered for transportation or 
transported by aircraft, and the specification packaging requirements 
of this subchapter when packaged in combination packagings according to 
this paragraph. For transportation by aircraft, the package must also 
comply with the applicable requirements of Sec.  173.27 of this 
subchapter 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

[[Page 14603]]

this paragraph. For transportation by aircraft, the package must also 
comply with the applicable requirements of Sec.  173.27 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:
* * * * *

0
18. In Sec.  173.152, the introductory text in paragraph (b) is revised 
to read as follows:


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

* * * * *
    (b) Limited quantities. Limited quantities of oxidizers (Division 
5.1) in Packing Groups II and III and organic peroxides (Division 5.2) 
are excepted from labeling, unless offered for transportation or 
transported by aircraft, and the specification packaging requirements 
of this subchapter when packaging in combination packagings according 
to this paragraph. For transportation by aircraft, the package must 
also comply with the applicable requirements of Sec.  173.27 of this 
subchapter 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:
* * * * *

0
19. In Sec.  173.153, the introductory text in paragraph (b) is revised 
to read as follows:


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

* * * * *
    (b) Limited quantities of Division 6.1 materials. The exceptions in 
this paragraph do not apply to poison-by-inhalation materials limited 
quantities of poisonous materials (Division 6.1) in Packing Group III 
are excepted from the specification packaging requirements of this 
subchapter when packaged in combination packagings according to this 
paragraph. For transportation by aircraft, the package must also comply 
with the applicable requirements of Sec.  173.27 of this subchapter 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:
* * * * *

0
20. In Sec.  173.154, the introductory text in paragraph (b) is revised 
to read as follows:


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

* * * * *
    (b) Limited quantities. Limited quantities of corrosive materials 
(Class 8) in Packing Groups II and III are excepted from labeling, 
unless offered for transportation or transported by aircraft, and the 
specification packaging requirements of this subchapter when packaged 
in combination packagings according to this paragraph. For 
transportation by aircraft, the package must also comply with the 
applicable requirements of Sec.  173.27 of this subchapter 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:
* * * * *

0
21. In Sec.  173.155, the introductory text in paragraph (b) is revised 
to read as follows:


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

* * * * *
    (b) Limited quantities. Limited quantities of miscellaneous 
hazardous materials (Class 9) are excepted from labeling, unless 
offered for transportation or transported by aircraft, and the 
specification packaging requirements of this subchapter when packaged 
in combination packagings according to this paragraph. For 
transportation by aircraft, the package must also comply with the 
applicable requirements of Sec.  173.27 of this subchapter 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:
* * * * *

0
22. In Sec.  173.217, a new paragraph (f) is added to read as follows:


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

* * * * *
    (f) Carbon dioxide, solid (dry ice), when offered or transported by 
aircraft, in quantities not exceeding 2.3 kg (5 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 the net weight is 2.3 kg (5 pounds) or 
less.

0
23. In Sec.  173.220, paragraph (b)(4)(iii) is revised to read as 
follows:


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

* * * * *
    (b) * * *
    (4) * * *
    (iii) For transportation by aircraft, when carried in aircraft 
designed or modified for vehicle ferry operations and when all of the 
following conditions are met:
    (A) Authorization for this type 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.
* * * * *

0
24. In Sec.  173.306, the introductory text in paragraphs (a), (b), and 
(h) is revised to read as follows:


Sec.  173.306  Limited quantities of compressed gases.

* * * * *

[[Page 14604]]

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

0
25. In Sec.  173.307, paragraph (a)(2) is revised to read as follows:


Sec.  173.307  Exceptions for compressed gases.

* * * * *
    (a) * * *
    (2) Tires when inflated to pressures not greater than their rated 
inflation pressures. For transportation by air, tires and tire 
assemblies must meet the conditions in Sec.  175.8(b)(4) of this 
subchapter.
* * * * *

0
26. Part 175 is revised to read as follows:

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

    Authority: 49 U.S.C. 5101-5128, 44701; 49 CFR 1.45 and 1.53.

Subpart A--General Information and Regulations


Sec.  175.1  Purpose, scope and applicability.

    (a) This part prescribes requirements that apply to the 
transportation of hazardous materials in commerce aboard (including 
attached to or suspended from) aircraft. The requirements in this part 
are in addition to other requirements contained in parts 171, 172, 173, 
178, and 180 of this subchapter.
    (b) This part applies to the offering, acceptance, and 
transportation of hazardous materials in commerce by aircraft to, from, 
or within the United States, and to any aircraft of United States 
registry anywhere in air commerce. This subchapter applies to any 
person who performs, attempts to perform, or is required to perform any 
function subject to this subchapter, including--(1) Air carriers, 
indirect air carriers, and freight forwarders and their flight and non-
flight 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) This part does not apply to aircraft of United States registry 
under lease to and operated by foreign nationals outside the United 
States if:
    (1) Hazardous materials forbidden aboard aircraft by Sec.  172.101 
of this subchapter are not carried on the aircraft; and
    (2) Other hazardous materials are carried in accordance with the 
regulations of the State (nation) of the aircraft operator.


Sec.  175.3  Unacceptable hazardous materials shipments.

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

[[Page 14605]]

Sec.  175.8  Exceptions for operator equipment and items of 
replacement.

    (a) Operator equipment. This subchapter does not apply to--
    (1) Aviation fuel and oil in tanks that are in compliance with the 
installation provisions of 14 CFR, chapter 1.
    (2) Hazardous materials required aboard an aircraft in accordance 
with the applicable airworthiness requirements and operating 
regulations. Items of replacement for such materials must be 
transported in accordance with paragraph (a)(3) of this section.
    (3) Items of replacement (company material (COMAT)) for hazardous 
materials described in paragraph (a)(2) of this section must be 
transported in accordance with this subchapter. When an operator 
transports its own replacement items described in paragraph (a)(2), the 
following exceptions apply:
    (i) In place of required packagings, packagings specifically 
designed for the items of replacement may be used, provided such 
packagings provide at least an equivalent level of protection to those 
that would be required by this subchapter.
    (ii) Aircraft batteries are not subject to quantity limitations 
such as those provided in Sec.  172.101 or Sec.  175.75(a) of this 
subchapter.
    (b) Other operator exceptions. This subchapter does not apply to--
    (1) Oxygen, or any hazardous material used for the generation of 
oxygen, for medical use by a passenger, which is furnished by the 
aircraft operator in accordance with 14 CFR 121.574 or 135.91. For the 
purposes of this paragraph, an aircraft operator that does not hold a 
certificate under 14 CFR parts 121 or 135 may apply this exception in 
conformance with 14 CFR 121.574 or 135.91 in the same manner as 
required for a certificate holder. See Sec.  175.501 for additional 
requirements applicable to the stowage of oxygen.
    (2) Dry ice (carbon dioxide, solid) intended for use by the 
operator in food and beverage service aboard the aircraft.
    (3) Alcoholic beverages, perfumes, colognes, and liquefied gas 
lighters carried aboard a passenger-carrying aircraft by the operator 
for use or sale on the aircraft. Liquefied gas lighters must be 
examined by the Bureau of Explosives and approved by the Associate 
Administrator.
    (4) A tire assembly with a serviceable tire, provided the tire is 
not inflated to a gauge pressure exceeding the maximum rated pressure 
for that tire, and the tire (including valve assemblies) is protected 
from damage during transport. A tire or tire assembly which is 
unserviceable or damaged is forbidden from air transport; however, a 
damaged tire is not subject to the requirements of this subchapter if 
it contains no material meeting the definition of a hazardous material 
(e.g., Division 2.2).


Sec.  175.9  Exceptions for special aircraft operations.

    This subchapter does not apply to the following materials used for 
special aircraft operations when applicable FAA operator requirements 
have been met, including training operator personnel on the proper 
handling and stowage of the hazardous materials carried:
    (a) Hazardous materials loaded and carried in hoppers or tanks of 
aircraft certificated for use in aerial seeding, dusting spraying, 
fertilizing, crop improvement, or pest control, to be dispensed during 
such an operation.
    (b) Parachute activation devices, lighting equipment, oxygen 
cylinders, flotation devices, smoke grenades, flares, or similar 
devices carried during a parachute operation.
    (c) Smoke grenades, flares, and pyrotechnic devices affixed to 
aircraft during any flight conducted as part of a scheduled air show or 
exhibition of aeronautical skill. The aircraft may not carry any 
persons other than required flight crewmembers. The affixed 
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 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:
    (1) 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;
    (2) Each battery used is of the nonspillable type;
    (3) The unit is constructed so valves, fittings, and gauges are 
protected from damage;
    (4) The pilot-in-command is advised when the unit is on board, and 
when it is intended for use;
    (5) The unit is accompanied by a person qualified to operate it;
    (6) The unit is secured in the aircraft in a manner that does not 
restrict access to or use of any required emergency or regular exit or 
of the aisle in the passenger compartment; and,
    (7) Smoking within 3 m (10 feet) of the unit is prohibited.
    (f) Hazardous materials which are loaded and carried on or in cargo 
only aircraft, and which are to be dispensed or expended during flight 
for weather control, environmental restoration or protection, forest 
preservation and protection, fire fighting and prevention, flood 
control, or avalanche control purposes, when the following requirements 
are met:
    (1) Operations may not be conducted over densely populated areas, 
in a congested airway, or near any airport where carrier passenger 
operations are conducted.
    (2) Each operator shall prepare and keep current a manual 
containing operational guidelines and handling procedures, for the use 
and guidance of flight, maintenance, and ground personnel concerned in 
the dispensing or expending of hazardous materials. The manual must be 
approved by the FAA Principal Operations Inspector assigned to the 
operator.
    (3) No person other than a required flight crewmember, FAA 
inspector, or person necessary for handling or dispensing the hazardous 
material may be carried on the aircraft.
    (4) The operator of the aircraft must have advance permission from 
the owner of any airport to be used for the dispensing or expending 
operation.
    (5) When dynamite and blasting caps are carried for avalanche 
control flights, the explosives must be handled by, and at all times be 
under the control of, a qualified blaster. When required by a State or 
local authority, the blaster must be licensed and the State or local 
authority must be identified in writing to the FAA Principal Operations 
Inspector assigned to the operator.


Sec.  175.10  Exceptions for passengers, crewmembers, and air 
operators.

    (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. 
Release devices on aerosols must be protected by a cap or other 
suitable means to prevent inadvertent release;
    (ii) Other aerosols in Div. 2.2 (nonflammable gas) with no 
subsidiary risk carried in checked baggage only. Release devices on 
aerosols must be protected by a cap or other suitable means to prevent 
inadvertent release; and

[[Page 14606]]

    (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 on one's person or 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 carried by a crewmember 
or passenger in checked baggage only, if securely packed in boxes or 
other packagings specifically designed to carry small amounts of 
ammunition. Ammunition clips and magazines must also be securely boxed. 
This paragraph does not apply to persons traveling under the provisions 
of 49 CFR 1544.219.
    (9) One self-defense spray (see Sec.  171.8 of this subchapter), 
not exceeding 118 mL (4 fluid ounces) by volume, that incorporates a 
positive means to prevent accidental discharge may be carried in 
checked baggage only.
    (10) Dry ice (carbon dioxide, solid), in quantities not exceeding 
2.0 kg (4.4 pounds) per person in carry-on baggage or 2.3 kg (5 pounds) 
per person in checked baggage, when used to refrigerate 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 the net weight is 2.3 kg (5 pounds) or less.
    (11) A self-inflating life jacket fitted with no more than two 
small gas cartridges (containing no hazardous material other than a 
Div. 2.2 gas) for inflation purposes plus no more than two spare 
cartridges. The lifejacket and spare cartridges may be carried in 
carry-on or checked baggage, with the approval of the aircraft 
operator.
    (12) Small compressed gas cylinders of Division 2.2 (containing no 
hazardous material other than a Division 2.2 gas) worn by the passenger 
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.
    (14) Electrically powered heat-producing articles (e.g., battery-
operated equipment such as diving lamps and soldering equipment) as 
carry-on baggage only and with the approval of the operator of the 
aircraft. The heat-producing component, or the energy source, must be 
removed to prevent unintentional functioning during transport.
    (15) A wheelchair or other battery-powered mobility aid equipped 
with a nonspillable battery, when carried as checked baggage, 
provided--
    (i) The battery meets the provisions of Sec.  173.159(d) of this 
subchapter 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--
    (A) Securely attached to the wheelchair or mobility aid,
    (B) Is removed and placed in a strong, rigid packaging marked 
``NONSPILLABLE BATTERY'' (unless fully enclosed in a rigid housing that 
is properly marked), or
    (C) Is handled in accordance with paragraph (a)(16)(iv) of this 
section.
    (16) A wheelchair or other battery-powered mobility aid equipped 
with a spillable battery, when carried as checked baggage, provided--
    (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, and 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.''
    (17) Except as provided in Sec.  173.21 of this subchapter, 
consumer electronic and medical devices (watches, calculators, cameras, 
cellular phones, lap-top computer, camcorders, and hearing aids, etc.) 
containing lithium cells or batteries, and spare lithium batteries and 
cells for these devices, when carried by passengers or crew members in 
carry-on or checked baggage for personal use. In addition, each 
installed or spare battery must conform to the following;
    (i) The lithium content of the anode of each cell, when fully 
charged, is not more than 5 g; and
    (ii) The aggregate lithium content of the anodes of each battery, 
when fully charged, is not more than 25g.

[[Page 14607]]

    (b) The exceptions provided in paragraph (a) of this section also 
apply to aircraft operators when transporting passenger or crewmember 
baggage that has been separated from the passenger or crewmember, 
including transfer to another carrier for transport to its final 
destination.


Sec.  175.20  Compliance and training.

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


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

    Each person who engages in for-hire air 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 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) 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 sentence and 4.0 mm (0.16 inch) in height for the other 
sentences; and
    (3) On a background of contrasting color.
    (c) Size and color of the notice is optional. Additional 
information, examples, or illustrations, if not inconsistent with the 
required information, may be included.


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

    (a) Each person who engages in the acceptance or transport of cargo 
for transportation by aircraft shall display notices to persons 
offering such cargo of the requirements applicable to the carriage of 
hazardous materials aboard aircraft, and the penalties for failure to 
comply with those requirements, at each facility where cargo is 
accepted. Each notice must be legible, and be prominently displayed so 
it can be seen. At a minimum, each notice must communicate the 
following information:
    (1) Cargo containing hazardous materials (dangerous goods) for 
transportation by aircraft must be offered in accordance with the 
Federal Hazardous Materials Regulations (49 CFR parts 171 through 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
    (2) A customer's facility where hazardous materials packages are 
accepted by a carrier.


Sec.  175.30  Inspecting shipments.

    (a) No person may accept a hazardous material for transportation 
aboard an aircraft unless the aircraft operator ensures the hazardous 
material is:
    (1) Authorized, and is within the quantity limitations specified 
for carriage aboard aircraft according to Sec.  172.101 of this 
subchapter or as otherwise specifically provided by this subchapter.
    (2) Described and certified on a shipping paper prepared in 
duplicate in accordance with subpart C of part 172 or as authorized by 
Sec.  171.11 of this subchapter. See Sec.  175.33 for shipping paper 
retention requirements;
    (3) Marked and labeled in accordance with subparts D and E of part 
172 or as authorized in Sec.  171.11 of this subchapter, and placarded 
(when required) in accordance with subpart F of part 172 of this 
subchapter; and
    (4) Labeled with a ``CARGO AIRCRAFT ONLY'' label (see Sec.  172.448 
of this subchapter) if the material as presented is not permitted 
aboard passenger-carrying aircraft.
    (b) Except as provided in paragraph (d) of this section, no person 
may carry a hazardous material in a package, outside container, or 
overpack aboard an aircraft unless the package, outside container, or 
overpack is inspected by the operator of the aircraft immediately 
before placing it:
    (1) Aboard the aircraft; or
    (2) In a unit load device or on a pallet prior to loading aboard 
the aircraft.
    (c) A hazardous material may be carried aboard an aircraft only if, 
based on the inspection by the operator, the package, outside 
container, or overpack containing the hazardous material:
    (1) Has no holes, leakage or other indication that its integrity 
has been compromised; and
    (2) For Class 7 (radioactive) materials, does not have a broken 
seal, except 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;
    (ii) The package contains a material which may be carried 
inaccessibly under the provisions of Sec. 175.75(e); or
    (iii) 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 word ``OVERPACK'', or until October 1, 2007

[[Page 14608]]

a statement to the effect that the inside packages comply with the 
prescribed specifications, appears on the outside of the overpack, when 
specification packagings are prescribed.


Sec.  175.31  Reports of discrepancies.

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


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

    (a) When a hazardous material subject to the provisions of this 
subchapter is carried in an aircraft, a copy of the shipping paper 
required by Sec.  175.30(a)(2) must accompany the shipment it covers 
during transportation aboard the aircraft, and the operator of the 
aircraft must provide the pilot-in-command with accurate and legible 
written information as early as practicable before departure of the 
aircraft, which specifies at least the following:
    (1) The proper shipping name, hazard class and identification 
number of the material, including any remaining aboard from prior 
stops, as specified in Sec.  172.101 of this subchapter or the ICAO 
Technical Instructions. In the case of Class 1 materials, the 
compatibility group letter also must be shown. If a hazardous material 
is described by the proper shipping name, hazard class, and 
identification number appearing in:
    (i) Section 172.101 of this subchapter, any additional description 
requirements provided in Sec. Sec.  172.202 and 172.203 of this 
subchapter must also be shown in the notification.
    (ii) The ICAO Technical Instructions, any additional information 
required to be shown on shipping papers by Sec.  171.11 of this 
subchapter must also be shown in the notification.
    (2) The total number of packages;
    (3) The net quantity or gross weight, as applicable, for each 
package except those containing Class 7 (radioactive) materials. For a 
shipment consisting of multiple packages containing hazardous materials 
bearing the same proper shipping name and identification number, only 
the total quantity and an indication of the quantity of the largest and 
smallest package at each loading location need to be provided;
    (4) The location of the packages aboard the aircraft;
    (5) Confirmation that no damaged or leaking packages have been 
loaded on the aircraft;
    (6) For Class 7 (radioactive) materials, the number of packages, 
overpacks or freight containers their category, transport index (if 
applicable), and their location aboard the aircraft;
    (7) The date of the flight;
    (8) The telephone number of a person not aboard the aircraft from 
whom the information contained in the notification of pilot-in-command 
can be obtained. The aircraft operator must ensure the telephone number 
is monitored at all times the aircraft is in flight. The telephone 
number is not required to be placed on the notification of pilot-in-
command if the phone number is in a location in the cockpit available 
and known to the flight crew.
    (9) Confirmation that the package must be carried only on cargo 
aircraft if its transportation aboard passenger-carrying aircraft is 
forbidden; and
    (10) An indication, when applicable, that a hazardous material is 
being carried under terms of a special permit.
    (b) A copy of the written notification to pilot-in-command shall be 
readily available to the pilot-in-command during flight. Emergency 
response information required by subpart G of part 172 of this 
subchapter must be maintained in the same manner as the written 
notification to pilot-in-command during transport of the hazardous 
material aboard the aircraft.
    (c) The aircraft operator must--
    (1) Retain a copy of the shipping paper required by Sec.  
175.30(a)(2) or an electronic image thereof, that is accessible at or 
through its principal place of business and must make the shipping 
paper available, upon request, to an authorized official of a federal, 
state, or local government agency at reasonable times and locations. 
For a hazardous waste, each shipping paper copy must be retained for 
three years after the material is accepted by the initial carrier. For 
all other hazardous materials, each shipping paper copy must be 
retained by the operator for one year after the material is accepted by 
the initial carrier. Each shipping paper copy must include the date of 
acceptance by the carrier. The date on the shipping paper may be the 
date a shipper notifies the air carrier that a shipment is ready for 
transportation, as indicated on the air bill or bill of lading, as an 
alternative to the date the shipment is picked up or accepted by the 
carrier. Only an initial carrier must receive and retain a copy of the 
shipper's certification, as required by Sec.  172.204 of this 
subchapter.
    (2) Retain a copy of each notification of pilot-in-command, an 
electronic image thereof, or the information contained therein for 90 
days at the airport of departure or the operator's principal place of 
business.
    (3) Have the information required to be retained under this 
paragraph readily accessible at the airport of departure and the 
intended airport of arrival for the duration of the flight leg.
    (4) Make available, upon request, to an authorized official of a 
Federal, State, or local government agency (including an emergency 
responders) at reasonable times and locations, the documents or 
information required to be retained by this paragraph.
    (d) The documents required by paragraphs (a) and (b) this section 
may be combined into one document if it is given to the pilot-in-
command before departure of the aircraft.

Subpart B--Loading, Unloading and Handling


Sec.  175.75  Quantity limitations and cargo location.

    (a) No person may carry on an aircraft a hazardous material except 
as permitted by this subchapter.
    (b) 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). A package bearing a KEEP AWAY FROM HEAT handling marking 
must be

[[Page 14609]]

protected from direct sunshine and stored in a cool and ventilated 
place, away from sources of heat.
    (c) For each package containing a hazardous material acceptable for 
carriage aboard passenger-carrying aircraft, no more than 25 kg (55 
pounds) net weight of hazardous material may be loaded in an 
inaccessible manner. Loaded in an inaccessible manner means cargo that 
is loaded in such a manner that a crew member or other authorized 
person cannot handle, and when size and weight permit, separate such 
packages from other cargo during flight. This includes materials loaded 
in a freight container in an accessible cargo compartment. In addition 
to the 25 kg limitation above, an additional 75 kg (165 pounds) net 
weight of Division 2.2 (non-flammable compressed gas) may be loaded in 
an inaccessible manner.
    (d) 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 access, handle and when size and weight 
permit, separate such packages from other cargo during flight.
    (e) The requirements of paragraph (c) and (d) of this section do 
not apply to the following hazardous materials:
    (1) Class 3--Packing Group III (that do not meet the definition of 
another hazard class), Division 6.1 (except those also labeled 
FLAMMABLE), Division 6.2, Class 7, Class 9 or ORM-D;
    (2) Division 2.2 in that an additional 75 kg (165 pounds) net 
weight of Division 2.2 material is authorized in inaccessible 
locations.
    (3) 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; and
    (4) Packages of hazardous materials carried on small, single pilot, 
cargo aircraft if:
    (i) No person is carried on the aircraft other than the pilot, an 
FAA inspector, the shipper or consignee of the material, a 
representative of the shipper or consignee so designated in writing, or 
a person necessary for handling the material;
    (ii) The pilot is provided with written instructions on the 
characteristics and proper handling of the materials; and
    (iii) Whenever a change of pilots occurs while the material is on 
board, the new pilot is briefed under a hand-to-hand signature service 
provided by the operator of the aircraft.
    (5) At 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

                           Passenger Aircraft
     Packages Authorized for Transport Onboard a Passenger Aircraft
------------------------------------------------------------------------
                   In an accessible cargo compartment
-------------------------------------------------------------------------
                                 If packages are    If packages are in a
 If packages are accessible       inaccessible        freight container
------------------------------------------------------------------------
No limit....................  25 kg per             25 kg per container
                               compartment plus an   plus an additional
                               additional 75 kg of   75 kg of Division
                               Division 2.2          2.2 material.
                               material.
------------------------------------------------------------------------


 
                  In an inaccessible cargo compartment
-------------------------------------------------------------------------
    If packages are not in a freight       If packages are in a freight
               container                            container
------------------------------------------------------------------------
25 kg per compartment plus an            25 kg per compartment plus an
 additional 75 kg of Division 2.2         additional 75 kg of Division
 material.                                2.2 material.
------------------------------------------------------------------------


                           Cargo Only Aircraft
     Packages Authorized for Transport Onboard a Passenger Aircraft
------------------------------------------------------------------------
                   In an accessible cargo compartment
-------------------------------------------------------------------------
                                 If packages are    If packages are in a
 If packages are accessible       inaccessible        freight container
------------------------------------------------------------------------
No limit....................  25 kg per             25 kg per container
                               compartment plus an   plus an additional
                               additional 75 kg of   75 kg of Division
                               Division 2.2          2.2 material.
                               material.
------------------------------------------------------------------------


 
                  In an inaccessible cargo compartment
-------------------------------------------------------------------------
    If packages are not in a freight       If packages are in a freight
               container                            container
------------------------------------------------------------------------
25 kg per compartment plus an            25 kg per compartment plus an
 additional 75 kg of Division 2.2         additional 75 kg of Division
 material.                                2.2 material.
------------------------------------------------------------------------
     Packages Only Authorized for Transport Aboard a Cargo Aircraft
------------------------------------------------------------------------


 
                                       In an accessible cargo compartment
-----------------------------------------------------------------------------------------------------------------
                                                                 If packages are in a     If packages are in a
    If packages are  accessible           If packages are       freight container and  freight container and are
                                           inaccessible             are accessible            inaccessible
----------------------------------------------------------------------------------------------------------------
No limit..........................  Forbidden.................  No Limit.............  Forbidden.
                                    Except the following        .....................  Except the following
                                     materials are not subject                          materials are not
                                     to this restriction:                               subject to this
                                                                                        restriction:

[[Page 14610]]

 
                                    a. Class 3, PG III (unless  .....................  a. Class 3, PG III
                                     the hazardous material                             (unless the hazardous
                                     meets the definition of                            material meets the
                                     another hazard class)                              definition of another
                                                                                        hazard class);
                                    b. Class 6, (unless also    .....................  b. Class 6, (unless also
                                     labeled as a flammable                             labeled as a flammable
                                     liquid)                                            liquid);
                                    c. Class 7, (unless the     .....................  c. Class 7, (unless the
                                     hazardous material meets                           hazardous material meets
                                     the definition of another                          the definition of
                                     hazard class)                                      another hazard class).
----------------------------------------------------------------------------------------------------------------


 
                  In an inaccessible cargo compartment
-------------------------------------------------------------------------
    If packages are not in a freight       If packages are in a freight
               container                            container
------------------------------------------------------------------------
Forbidden..............................  Forbidden.
Except the following materials are not   Except the following materials
 subject to this restriction:             are not subject to this
                                          restriction:
    a. Class 3, PG III (unless the       a. Class 3, PG III (unless the
     hazardous material meets the         hazardous material meets the
     definition of another hazard         definition of another hazard
     class).                              class);
    b. Class 6, (unless also labeled as  b. Class 6, (unless also
     a flammable liquid).                 labeled as a flammable
                                          liquid);
    c. Class 7, (unless the hazardous    c. Class 7, (unless the
     material meets the definition of     hazardous material meets the
     another hazard class).               definition of another hazard
                                          class).
------------------------------------------------------------------------

Sec.  175.78  Stowage compatibility of cargo.

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

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

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

[[Page 14611]]

do not belong in the same compatibility group may not be stowed 
together.
    (A) Any combination of substances in Compatibility Groups C and D 
must be assigned to the most appropriate compatibility group shown in 
the Sec.  172.101 Table of this subchapter.
    (B) Explosives in Compatibility Group N may be stowed together with 
explosives in Compatibility Groups C, D, or E when the combination is 
assigned Compatibility Group D.
    (v) See Sec. Sec.  175.704(b)(1) and (c)(1).
    (5) Note 2. ``Note 2'' at the intersection of a row and column 
means that other than explosives of Division 1.4, Compatibility Group 
S, explosives may not be stowed together with that class.
    (6) Packages containing hazardous materials with multiple hazards 
in the class or divisions, which require segregation in accordance with 
the Segregation Table, need not be segregated from other packages 
bearing the same UN number.
    (7) A package labeled ``BLASTING AGENT'' may not be stowed next to 
or in a position that will allow contact with a package of special 
fireworks or railway torpedoes.


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

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


Sec.  175.90  Damaged shipments.

    (a) Packages or overpacks containing hazardous materials must be 
inspected for damage or leakage after being unloaded from an aircraft. 
When packages or overpacks containing hazardous materials have been 
transported in a unit load device, the area where the unit load device 
was stowed must be inspected for evidence of leakage or contamination 
immediately upon removal of the unit load device from the aircraft, and 
the packages or overpacks must be inspected for evidence of damage or 
leakage when the unit load device is unloaded. In the event of leakage 
or suspected leakage, the compartment in which the package, overpack, 
or unit load device was carried must be inspected for contamination and 
decontaminated, if applicable.
    (b) Except as provided in Sec.  175.700, the operator of an 
aircraft must remove from the aircraft any package, baggage or cargo 
that appears to be leaking or contaminated by a hazardous material. In 
the case of a package, baggage or cargo that appears to be leaking, the 
operator must ensure 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 may be the cause of the contamination, the operator must take 
reasonable steps to identify the nature and source of contamination 
before proceeding with the loading of the contaminated baggage or 
cargo. If the contaminating substance is found or suspected to be 
hazardous material, the operator must isolate the package, baggage or 
cargo and take appropriate steps to eliminate any identified hazard 
before continuing the transportation of the item by aircraft.
    (c) No person may place aboard an aircraft a package, baggage or 
cargo that is contaminated with a hazardous material or appears to be 
leaking.
    (d) If a package containing a material in Division 6.2 (infectious 
substance) is found to be damaged or leaking, the person finding the 
package must:
    (1) Avoid handling the package or keep handling to a minimum;
    (2) Inspect packages adjacent to the leaking package for 
contamination and withhold from further transportation any contaminated 
packages until it is ascertained that they can be safely transported;
    (3) Comply with the reporting requirement of Sec. Sec.  171.15 and 
175.31 of this subchapter; and
    (4) Notify the consignor or consignee.

Subpart C--Specific Regulations Applicable According to 
Classification of Material


Sec.  175.310  Transportation of flammable liquid fuel; aircraft only 
means of transportation.

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

[[Page 14612]]

    (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.
    (2) No engine or electrical equipment, avionic equipment, or 
auxiliary power units may be operated, except position lights in the 
steady position and equipment required by approved loading or unloading 
procedures, as set forth in the operator's operations manual, or for 
operators that are not certificate holders, as set forth in a written 
statement.
    (3) Static ground wires must be connected between the storage tank 
or fueler and the aircraft, and between the aircraft and a positive 
ground device.
    (2) [Reserved]
    (d) The following restrictions apply to loading, handling, or 
carrying fuel under the provisions of this section:
    (1) During loading and unloading, no person may smoke, carry a 
lighted cigarette, cigar, or pipe, or operate any device capable of 
causing an open flame or spark within 15 m (50 feet) of the aircraft.
    (2) No person may fill a container, other than an approved bulk 
tank, with a Class 3 material or combustible liquid or discharge a 
Class 3 material or combustible liquid from a container, other than an 
approved bulk tank, while that container is inside or within 15 m (50 
feet) of the aircraft.
    (3) When filling an approved bulk tank by hose from inside the 
aircraft, the doors and hatches of the aircraft must be fully open to 
insure proper ventilation.
    (4) Each area or compartment in which the fuel is loaded is 
suitably ventilated to prevent the accumulation of fuel vapors.
    (5) Fuel is transferred to the aircraft fuel tanks only while the 
aircraft is on the ground.
    (6) Before each flight, the pilot-in-command:
    (i) Prohibits smoking, lighting matches, the carrying of any 
lighted cigar, pipe, cigarette or flame, and the use of anything that 
might cause an open flame or spark, while in flight; and
    (ii) For passenger aircraft, informs each passenger of the location 
of the fuel and the hazards involved.
    (e) Operators must comply with the following:
    (1) If the aircraft is being operated by a holder of a certificate 
issued under 14 CFR part 121 or part 135, operations must be conducted 
in accordance with conditions and limitations specified in the 
certificate holder's operations specifications or operations manual 
accepted by the FAA. If the aircraft is being operated under 14 CFR 
part 91, operations must be conducted in accordance with an operations 
plan accepted and acknowledged in writing by the FAA Principal 
Operations Inspector assigned to the operator.
    (2) The aircraft and the loading arrangement to be used must be 
approved for the safe carriage of the particular materials concerned by 
the FAA Principal Operations Inspector assigned to the operator.


Sec.  175.501  Special requirements for oxidizers and compressed 
oxygen.

    (a) Compressed oxygen, when properly labeled Oxidizer or Oxygen, 
may be loaded and transported as provided in this section. No person 
may load or transport any other package containing a hazardous material 
for which an OXIDIZER label is required under this subchapter in an 
inaccessible cargo compartment that does not have a fire or smoke 
detection system and a fire suppression system.
    (b) In addition to the quantity limitations prescribed in Sec.  
175.75, cylinders of compressed oxygen must be stowed in accordance 
with the following:
    (1) No more than a combined total of six cylinders of compressed 
oxygen may be stowed on an aircraft in the inaccessible aircraft cargo 
compartment(s) that do not have fire or smoke detection systems and 
fire suppression systems.
    (2) When loaded into a passenger-carrying aircraft or in an 
inaccessible cargo location on a cargo-only aircraft, cylinders of 
compressed oxygen must be stowed horizontally on the floor or as close 
as practicable to the floor of the cargo compartment or unit load 
device. This provision does not apply to cylinders stowed in the cabin 
of the aircraft in accordance with paragraph (c) of this section.
    (3) When transported in a Class B aircraft cargo compartment (see 
14 CFR 25.857(b)) or its equivalent (i.e., an accessible cargo 
compartment equipped with a fire or smoke detection system but not a 
fire suppression system), cylinders of compressed oxygen must be loaded 
in a manner that a crew member can see, handle and, when size and 
weight permit, separate the cylinders from other cargo during flight. 
No more than six cylinders of compressed oxygen and, in addition, one 
cylinder of medical-use compressed oxygen per passenger needing oxygen 
at destination--with a rated capacity of 850 L (30 cubic feet) or less 
of oxygen--may be carried in a Class B aircraft cargo compartment or 
its equivalent.
    (c) A cylinder containing medical-use compressed oxygen, owned or 
leased by an aircraft operator or offered for transportation by a 
passenger needing it for personal medical use at destination, may be 
carried in the cabin of a passenger-carrying aircraft in

[[Page 14613]]

accordance with the following provisions:
    (1) No more than six cylinders belonging to the aircraft operator 
and, in addition, no more than one cylinder per passenger needing the 
oxygen at destination, may be transported in the cabin of the aircraft 
under the provisions of this paragraph (c);
    (2) The rated capacity of each cylinder may not exceed 850 L (30 
cubic feet);
    (3) Each cylinder and its overpack or outer packaging must conform 
to the provisions of this subchapter (see Special Provision A52 in 
Sec.  172.102 of this subchapter);
    (4) The aircraft operator shall securely stow the cylinder in its 
overpack or outer packaging in the cabin of the aircraft and shall 
notify the pilot-in-command as specified in Sec.  175.33 of this part; 
and
    (5) Shipments under this paragraph (c) are not subject to--
    (i) Subpart C and, for passengers only, subpart H of part 172 of 
this subchapter;
    (ii) Section 173.25(a)(4) of this subchapter; and
    (iii) Paragraph (b) of this section.


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

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


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

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


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

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

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

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

[[Page 14614]]

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


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

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

------------------------------------------------------------------------
                                                  Minimum separation
 Transport index or sum of transport indexes           distances
     of all packages in the aircraft or      ---------------------------
             predesignated area                Centimeters     Inches
------------------------------------------------------------------------
50.1 to 60.0................................           465           183
60.1 to 70.0................................           505           199
70.1 to 80.0................................           545           215
80.1 to 90.0................................           580           228
90.1 to 100.0...............................           610           240
100.1 to 110.0..............................           645           254
110.1 to 120.0..............................           670           264
120.1 to 130.0..............................           700           276
131.1 to 140.0..............................           730           287
140.1 to 150.0..............................           755           297
151.1 to 160.0..............................           780           307
160.1 to 170.0..............................           805           317
170.1 to 180.0..............................           830           327
180.1 to 190.0..............................           855           337
190.1 to 200.0..............................           875           344
------------------------------------------------------------------------

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


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

    (a) No person may accept for carriage in an aircraft packages of 
Class 7 materials, other than limited quantities, contained in a rigid 
or non-rigid overpack, including a fiberboard box or plastic bag, 
unless they have been prepared for shipment in accordance with Sec.  
172.403(h) of this subchapter.
    (b) Each shipment of fissile material packages must conform to the 
requirements of Sec. Sec.  173.457 and 173.459 of this subchapter.
    (c) No person shall offer or accept for transportation, or 
transport, by air--
    (1) Vented Type B(M) packages, packages which require external 
cooling by an ancillary cooling system or packages subject to 
operational controls during transport; or
    (2) Liquid pyrophoric Class 7 (radioactive) materials.
    (d) Packages with radiation levels at the package surface or a 
transport index in excess of the limits specified in Sec.  173.441(a) 
of this subchapter may not be transported by aircraft except under 
special arrangements approved by the Associate Administrator.


Sec.  175.704  Plutonium shipments.

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


Sec.  175.705  Radioactive contamination.

    (a) A carrier shall take care to avoid possible inhalation, 
ingestion, or contact by any person with Class 7 (radioactive) 
materials that may have been released from their packagings.
    (b) When contamination is present or suspected, the package 
containing a Class 7 material, any loose Class 7 material, associated 
packaging material, and any other materials that have been contaminated 
must be segregated as far as practicable from personnel contact until 
radiological advice or assistance is obtained from the U.S. Department 
of Energy or appropriate State or local radiological authorities.
    (c) An aircraft in which Class 7 material has been released must be 
taken out of service and may not be returned to service or routinely 
occupied until the aircraft is checked for radioactive contamination 
and it is determined in accordance with Sec.  173.443 of this 
subchapter that the dose rate at every accessible surface is less than 
0.005 mSv per hour (0.5 mrem per hour) and there is no significant 
removable surface contamination.
    (d) Each aircraft used routinely for transporting Class 7 materials 
shall be periodically checked for radioactive contamination, and an 
aircraft must be taken out of service if contamination exceeds the 
level specified in paragraph (c). The frequency of these checks shall 
be related to the likelihood of contamination and the extent to which 
Class 7 materials are transported.

[[Page 14615]]

    (e) In addition to the reporting requirements of (Sec. Sec.  171.15 
and 171.16 of this subchapter and Sec.  175.31 of this part, 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.


Sec.  175.706  Separation distances for undeveloped film from packages 
containing Class 7 (radioactive) materials.

    No person may carry in an aircraft any package of Class 7 
(radioactive) materials required by Sec. 172.403 of this subchapter to 
be labeled Radioactive Yellow-II or Radioactive Yellow-III closer than 
the distances shown in the table below to any package marked as 
containing underdeveloped film.

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                            Minimum separation distance to nearest undeveloped film for various times in transit
                                                   -----------------------------------------------------------------------------------------------------
                  Transport index                      Up to 2 hours        2 to 4 hours        4 to 8 hours        8 to 12 hours        Over 12 hours
                                                   -----------------------------------------------------------------------------------------------------
                                                     Meters     Feet      Meters     Feet     Meters     Feet      Meters     Feet     Meters     Feet
--------------------------------------------------------------------------------------------------------------------------------------------------------
0.1 to 1.0........................................       0.3         1        0.6         2       0.9         3        1.2         4       1.5         5
1.1 to 5.0........................................       0.9         3        1.2         4       1.8         6        2.4         8       3.3        11
5.1 to 10.0.......................................       1.2         4        1.8         6       2.7         9        3.3        11       4.5        15
10.1 to 20.0......................................       1.5         5        2.4         8       3.6        12        4.8        16       6.6        22
20.1 to 30.0......................................       2.1         7        3          10       4.5        15        6          20       8.7        29
30.1 to 40.0......................................       2.4         8        3.3        11       5.1        17        6.6        22       9.9        33
40.1 to 50.0......................................       2.7         9        3.6        12       5.7        19        7.2        24      10.8        36
--------------------------------------------------------------------------------------------------------------------------------------------------------


    Issued in Washington, DC on March 14, 2006 under the authority 
delegated in 49 CFR part 1.
Brigham A. McCown,
Acting Administrator.
[FR Doc. 06-2596 Filed 3-21-06; 8:45 am]
BILLING CODE 4910-60-P