Air eligibility mark.

(a) General. Except as otherwise specified in this subchapter, each person who offers for transportation by aircraft a hazardous material in a non-bulk package must mark the package as required by this section to indicate that it meets the applicable requirements for air transport. The marking is a certification that the person offering the package for transportation has determined that it meets the air transport requirements of this subchapter; such as, the package is authorized and properly marked and labeled, its contents are properly classed and within quantity limits for air transport, and it conforms to all relevant packaging provisions such as those pertaining to closures, compatibility, pressure differential, and use of absorbent materials.

(b) Location and design. The marking must—

(1) Be placed adjacent to the markings prescribed in § 172.301(a);

(2) Be durable, legible and of a size relative to the package so as to be readily visible;

(3) Include an aircraft within a circle and may include the words “Air Eligible” in conjunction with the mark, such as:

ER31JY03.001

(c) Exceptions from the air eligibility mark. The air eligibility mark is not required for—

(1) Packages that are transported in accordance with the small quantity exceptions in § 173.4 of this subchapter;

(2) Packages that contain solid carbon dioxide (dry ice) and no other materials subject to the requirements of this subchapter;

(3) Except when overpacked, hazardous materials contained in articles that are not required to be packaged according to the requirements of this subchapter.

(4) Cylinders, except for those which are required to be overpacked or placed in an outer packaging, in which case the overpack or outer packaging must be marked with the air eligibility marking; and

(5) Packages or articles which are excepted from the marking requirements of this subchapter (for example, non-spillable batteries, vehicles).

(d) Prohibited display. The air eligibility marking may not appear on a package containing a hazardous material which does not meet the requirements of this subchapter for air transport.

(e) Transition Date. Compliance with the requirements of this section is not mandatory until October 1, 2006.

[68 FR 45031, July 31, 2003, as amended at 68 FR 57632, Oct. 6, 2003; 69 FR 20833, Apr. 19, 2004]