859
Pipeline and Haz. Matls. Safety Admin., DOT
§ 175.30
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 informa-
tion:
(1) Cargo containing hazardous mate-
rials (dangerous goods) for transpor-
tation 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 radio-
active 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, ex-
amples, or illustrations, if not incon-
sistent with required information, may
be included.
(d)
Exceptions.
Display of a notice re-
quired by paragraph (a) of this section
is not required at:
(1) An unattended location (e.g., a
drop box) provided a general notice ad-
vising customers of a prohibition on
shipments of hazardous materials
through that location is prominently
displayed; or
(2) A customer’s facility where haz-
ardous materials packages are accept-
ed by a carrier.
§ 175.30
Inspecting shipments.
(a) No person may accept a hazardous
material for transportation aboard an
aircraft unless the aircraft operator en-
sures the hazardous material is:
(1) Authorized, and is within the
quantity limitations specified for car-
riage aboard aircraft according to
§ 172.101 of this subchapter or as other-
wise specifically provided by this sub-
chapter.
(2) Described and certified on a ship-
ping paper prepared in duplicate in ac-
cordance with part 172 of this sub-
chapter or as authorized by subpart C
of part 171 of this subchapter. See
§ 175.33 for shipping paper retention re-
quirements;
(3) Marked and labeled in accordance
with subparts D and E of part 172 or as
authorized by subpart C of part 171 of
this subchapter, and placarded (when
required) in accordance with subpart F
of part 172 of this subchapter; and
(4) Labeled with a ‘‘CARGO AIR-
CRAFT ONLY’’ label (see § 172.448 of
this subchapter) if the material as pre-
sented is not permitted aboard pas-
senger-carrying aircraft.
(b) Except as provided in paragraph
(d) of this section, no person may carry
a hazardous material in a package or
overpack aboard an aircraft unless the
package or overpack is inspected by
the operator of the aircraft imme-
diately 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 car-
ried aboard an aircraft only if, based on
the inspection by the operator, the
package or overpack containing the
hazardous material:
(1) Has no leakage or other indication
that its integrity has been com-
promised; and
(2) For Class 7 (radioactive) mate-
rials, does not have a broken seal, ex-
cept packages contained in overpacks
need not be inspected for seal integ-
rity.
(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 accept-
ed only if the operator has taken all
reasonable steps to establish that:
(1) The proper shipping names, iden-
tification numbers, labels and special
handling instructions appearing on the
inside packages are clearly visible or
reproduced on the outside of the over-
pack, and
860
49 CFR Ch. I (10–1–23 Edition)
§ 175.31
(2) The word ‘‘OVERPACK’’ appears
on the outside of the overpack when
specification packagings are required.
[71 FR 14604, Mar. 22, 2006, as amended at 72
FR 25177, May 3, 2007; 73 FR 57006, Oct. 1, 2008;
76 FR 3383, Jan. 19, 2011; 79 FR 46040, Aug. 6,
2014; 80 FR 1164, Jan. 8, 2015; 83 FR 52899, Oct.
18, 2018]
§ 175.31
Reports of discrepancies.
(a) Each person who discovers a dis-
crepancy, 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 prac-
ticable, notify the nearest FAA Re-
gional Office by telephone or electroni-
cally. The nearest Regional Office may
be located by calling the FAA Wash-
ington Operations Center 202–267–3333
(any hour). Electronic notifications
may be submitted by following instruc-
tions on the FAA’s website. The fol-
lowing information must be provided:
(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 re-
ported under paragraph (a) of this sec-
tion are those involving hazardous ma-
terials which are improperly described,
certified, labeled, marked, or packaged,
in a manner not ascertainable when ac-
cepted under the provisions of
§ 175.30(a) of this subchapter including
packages or baggage which are found
to contain hazardous materials subse-
quent to their being offered and accept-
ed as other than hazardous materials.
[71 FR 14604, Mar. 22, 2006, as amended at 85
FR 83402, Dec. 21, 2020]
§ 175.33
Shipping paper and informa-
tion to the pilot-in-command.
(a) When a hazardous material sub-
ject to the provisions of this sub-
chapter is carried in an aircraft, the
operator of the aircraft must provide
the pilot-in-command and the flight
dispatcher or other ground support per-
sonnel with responsibilities for oper-
ational control of the aircraft with ac-
curate and legible written information
(e.g., handwritten, printed, or elec-
tronic form) as early as practicable be-
fore departure of the aircraft, but in no
case later than when the aircraft
moves under its own power, which
specifies at least the following:
(1) The date of the flight;
(2) The air waybill number (when
issued);
(3) The proper shipping name (the
technical name(s) shown on the ship-
ping paper is not required), hazard
class or division, subsidiary risk(s) cor-
responding to a required label(s), pack-
ing group and identification number of
the material as specified in § 172.101 of
this subchapter or the ICAO Technical
Instructions (IBR, see § 171.7 of this
subchapter). In the case of Class 1 ma-
terials, the compatibility group letter
also must be shown.
(4) The total number of packages;
(5) The exact loading location of the
packages;
(6) The net quantity or gross mass, as
applicable, for each package except
those containing Class 7 (radioactive)
materials. For a shipment consisting of
multiple packages containing haz-
ardous materials bearing the same
proper shipping name and identifica-
tion number, only the total quantity
and an indication of the quantity of
the largest and smallest package at
each loading location need to be pro-
vided. For consumer commodities, the
information provided may be either the
gross mass of each package or the aver-
age gross mass of the packages as
shown on the shipping paper;
(7) For Class 7 (radioactive) mate-
rials, the number of packages over-
packs or freight containers, their cat-
egory, transport index (if applicable),
and their exact loading location;
(8) Confirmation that the package
must be carried on cargo-only aircraft;
(9) The airport at which the pack-
age(s) is to be unloaded;
(10) An indication, when applicable,
that a hazardous material is being car-
ried under terms of a special permit or
under a State exemption as prescribed
in the ICAO Technical Instructions
(IBR, see § 171.7 of this subchapter);
(11) The telephone number from
whom the information contained in the