Purpose, scope, and applicability.

(a)This part prescribes the requirements that apply to the transportation of hazardous materials in commerce aboard (including attached to or suspended from) an 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 § 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.#

(d)The requirements of this subchapter do not apply to transportation of hazardous material in support of dedicated air ambulance, firefighting, or search and rescue operations performed in compliance with the operator requirements under federal air regulations, title 14 of the CFR.#

(e)In addition to the requirements of this part, air carriers that are certificate holders authorized to conduct operations in accordance with 14 CFR part 121 are also required to have a Safety Management System that meets the conditions of 14 CFR part 5 and is acceptable to the Federal Aviation Administration (FAA) Administrator.#