Mr. Thomas Woll — Hazardous Materials Safety Interpretation

Page 1of Transportation J.S. Department Washington, D.C. 20590 400 Seventh Street, S.W. Pipeline and Administration Hazardous Materials Safety JUN 12 2005 • Mr. Thomas Woll 145 East 16" Street Apt. 15E New York, NY 10003 Dear Mr. Woll: • This is in response to your February 23, 2005, letter requesting the regulations regarding the transportation of undeveloped film aboard aircraft by passengers and crew members under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Per your request, enclosed are copies of 49 CFR 175.10 and 175.300. I hope this satisfies your request. Sincerely, Chief Standards Development Office of Hazardous Materials Standards#

Page 2• $ 175.1 49 CFR Ch. I (10-1-04 Edition) 75.702 Requirements for carriage of pack. terials in a cargo aircraft only. ages containing Class 7 (radioactive) ma. ermining that they are qualified t (i) Approving crew members and de 175.703 Other special requirements for the 175.704 Plutonium shipments. taining Class 7 (radioactive) materials 75.705 Inspection of aircraft for contamina AUTHORITY: 49 U.S.C. 5101-5127; 19 CFR 1.53. ion by Class 7 (radioactive) materials 1976, unless otherwise noted. SOURCE: Amdt. 175-1, 41 FR 16106, Apr. 15, Subpart A-General Information nationals outside the United States if: under lease to and operated by foreign and Regulations aboard aircraft by §172.101 of this sub- Hazardous materials forbidden § 175.1 Purpose and scope. and chapter are not carried on the aircraft; addition to This part prescribes requirements, in 1, 172 and 173 of this subchapter, those contained in parts carried in accordance with the regula- (i1) Other hazardous materials are porting hazardous materials icable to aircraft operators tran (including attached to or suspended aboard craft operator. tions of the State (nation) of the air- from) aircraft. [Amdt. 175-15, 15 FR 35332, May 27, 1980] [Amdt. 175-15, 45 FR 35332, May 27, 1980] §175.10 Exceptions. $ 175.3 Unacceptable hazardous mate- (a) This subchapter does not apply to: Hazardous materials that are not rials shipments. are in compliance with the installation (1) Aviation fuel and oil in tanks that with this subchapter may not be ac- prepared for shipment in accordance provisions of 14 CFR, chapter 1. cepted ported aboard an aircraft. for transportation or trans- aboard an aircraft in accordance with ments and operating regulations. Un- the applicable airworthiness require- [Amdt. 175-25, 47 FR 54822, Dec. 6, 1982] less otherwise approved ciate Administrator, items of replace- by the Asso- §175.5 Applicability. ance for transportation, loading and (a) This part applies to the accept- ment for such hazardous materials with this subchapter except that- must be transported in accordance transportation of hazardous materials agings, packagings specially designed (i) In place of the required pack- may anywhere a a conse. ta supplies may be used, provided such for the transport of aircraft spares and part does not apply to: government when not engaged in car- (1) Aircraft owned and operated by a lent level of protection to those that ackagings provide at least an equiva cial purposes; rying persons or property for commer- would be required by this subchapter; to quantity limitations such as those (il) Aircraft batteries are not subject government nor engaged in carrying (2) Aircraft which are not owned by a subchapter; and, provided in §172.101 or §175.75(a) of this purposes but which are under the ex- persons or property for commercial able tire is not subject to the provi- (iil) A tire assembly with a service- clusive direction and control of a gov- days as specified in a written contract ernment for a period of not less than 90 sions of this subchapter provided the tire is not inflated to a gauge pressure or lease. An aircraft is under the exclu- exceeding the maximum rated pressure . ment when the government exercises sive direction and control of a govern- for that tire. carried in hoppers or tanks of aircraft (3) Hazardous materials loaded and certificated for use in aerial seeding, 684#

Page 3Research and Special Programs Admin., DOT dusting, spraying, tertilizing, crop im- pensed during such an operation. provement, or pest control, when carried by a passenger or (4) The following hazardous materials member for personal use in confere- nce with the following conditions oilet articles (including aerosols) ma: (i) Non-radioactive medicinal anc e carried in checked or carry-on bag gage) One self-defense spray (see $171.8 mL (4 fluid ounces) of this subchapter), not exceeding 118 accidental discharge may be carried in corporates a positive means to prevent one's person or in checked or carry-on and lighter refills are not permitted on checked baggage only: with no subsidiary risk may be carried aerosols in Division 2.2 rotechnic devices affixed to aircrafi 11) Smoke grenades, flares, and py in checked baggage only; and ardous materials carried by the person (iv) The aggregate quantity of haz- Juired flight crewmember during any carrying no person other than a re may not exceed 2 kg (70 ounces) by scheduled air show or flight conducted at and as a part of a and the capacity of each container may mass or 2 L (68 fluid ounces) by volume aeronautical skill. The affixed installa- exhibition of 470 mL (16 fluid ounces) by volume. not exceed 0.5 kg (18 ounces) by mass or tion accommodating the smoke gre- nades, flares, or pyrotechnic devices on (a) (4) also apply to an aircraft operator (v) The provisions of this paragraph the aircraft must be approved by the member baggage to its intended des- when transporting passenger or crew loaded and carried on or in cargo air- (12) Hazardous materials which are tination, if the baggage has been sepa- craft only, and which are to be dis- ber, including transfer to another car- rated from the passenger or crew mem- weather control, enviromental restora- expended during flight for rier for transport to its intended des- tion or protection, forest preservation lanche control purposes, protection, flood control, sonal use carried by a crewmember or 5) Small-arms ammunition for per- quality control testing of special fire- carry-on baggage) if securely packed in passenger in his baggage (excluding quirements are met: ment of Defense, when the following re- packagings carry small amounts of ammunition. specifically over densely populated areas, in a con- (i) Operations may not be conducted This paragraph does not apply to per- gested airway, or near any airpor traveling under the provisions of are conducted. where air carrier passenger operation (6) (Reserved) keep current a (ii) Each operator shall prepare and rial used for the generation of oxygen, (7) Oxygen, or any hazardous mate- for medical use by a passenger, which is furnished by the aircraft operator in accordance with 35.91. For purposes of this paragraph expending of hazardous materials. The tificate holder under 14 CFR part 121 or an aircraft operator that is not a manual must be approved by the FAA Civil Aviation Security Office respon- art 135, may apply this exception i sible for the operator's overall aviation 135.91 in the same manner as required conformance with 14 CFR 121.574 ol Aviation Security Office in the regio security program or the FAA Civi for a certificate holder. where the operator is located. manual must be approved by the FAA#

Page 4§ 175.10 49 CFR Ch. I (10-1-04 Edition) sponsible for reviewing the operator's Civil Aviation Security Field Office re- hazardous materials FAA Civil Aviation Security Field Of program or the carried on the aircraft. have advance permission (iv) The operator of the aircraft must specification cylinder and is marked, ate the unit is in an authorized DOT owner of any airport to be used for the dispensing or expending operation. labeled, filled and maintained as pre- (v) When dynamite and blasting caps scribed by this subchapter; ation of the unit is of the nonspillable (ii) Each battery used in the oper- by, and at all times be under the con- the explosives must be handled trol of, a qualified blaster. When re- valves, fittings, and gauges are pro- (lii) The unit is constructed so that blaster must be licensed and the State quired by State or local authority, the tected from damage; writing to the FAA Civil Aviation Se- or local authority must be identified in when the unit is on board, and when it (iv) The pilot in command is advised is intended for use; viewing the operator's hazardous mate- curity Field Office responsible for re- son qualified to operate it; (v) The unit is accompanied by a per- tion Security Field Office in the region rials program or the FAA Civil Avia- craft in a manner so as not to restrict (vi) The unit is secured in the air- where the operator is located. access to or use of any required emer- luminating flares, (vi) When special fireworks aerial il- the passenger compartment; and, gency or regular exit or of the aisle in cifically for the DOD, are carried for manufactured spe- the unit is prohibited. (vii) Smoking within 3 m (10 feet) of in-flight routine quality control test- ing, the fireworks must be handled by, (15) Alcoholic beverages, perfumes, and at all times be under the control that have been examined by the Bureau and liquefied gas lighters trained in accordance with a program qualified person who has been of Explosives (B of E) and approved by tion Security Field Office. The aircraft approved by the local FAA Civil Avia- aboard a passenger-carrying aircraft by the Associate Administrator, carried must be specially modified to conduct the operator for use or sale on the air- citically approved for such operations the testing operation and must be spe- nased through duty-free sales, carri 6) Perfumes and colognes, pu by the local FAA Civil Aviation Secu- rity Field Office before the flight. by passengers or crew in carry-on bag- (13) Carbon dioxide, solid (dry ice) 1) Alcoholic beverages containin (i) In quantities not exceeding 2.3 kg | Not more than 24% alcohol by vc prescribed chapter and used as a refrigerant for by $173.217 70% alcohol by volume when in retail (ii) More than 24% and not more than the contents of the package. The pack- one a shocked ar anyon toge that the net weight is 2.3 kg (5.07 weight of the dry ice or an indication the contents being cooled, the net age must be marked with the name of on of 5 liters (1.3 gallons) for such bet age, with a total net quantity per per ounds) or less, and also marked "Car- erages. on Dioxide, Solid" or "Dry Ice"; worn by passengers for the operation of (18) Carbon dioxide gas cylinders 686#

Page 5Research and Special Programs Admin., DOT § 175.10 liner has a leakproof closure rial placed inside of the liner and the § 173.159(d) for nonspillable batterie The battery meets the provisior where necessary, removal of the bat- including. with wheelchair." marked with the words "Battery, wet, ever, removal of the battery from the tery, reveals no obvious defects (how- carbon gas, no more than one per pas- (21) Hair curlers containing hydro- fied airline personnel only); housing should be performed by quali- senger or crew member, provided that terminals (lii) The battery is disconnected and the heating element. Gas refills for the safety cover is securely fitted over short circuits; and to the wheelchair or mobility aid, is re- (iv) The battery is securely attached checked or carry-on baggage. curlers are not permitted in mometer carried as carry-on-baggage (22) A mercurial barometer or ther- packaging moved and placed in a strong,NON- marked rigid enclosed in a rigid housing that is SPILLABLE BATTERY" (unless fully only, by a representative of a govern- agency, provided that individual ad- nent weather bureau or similar official cordance with paragraph (a) (20) (iv) of properly marked), or is handled in ac- vises the operator of the presence of this section. the barometer or thermometer in his powered mobility aid equipped with a (20) A wheelchair or other battery- baer must be packaged in a strong The barometer or thermom- spillable checked baggage, provided that- battery, when carried as outer packaging having sealed inner liner or bag of strong, leak proof and necessary, removal of the battery, re- (i) Visual inspection including, where vious to mercury, which will prevent puncture-resistant veals no moval of the battery from the housing obvious defects (however, re- the escape of mercury from the pack- pilot-in-command must be informed of age irrespective of its position. should be performed by qualified air- line personnel only): the presence of any such barometer or (il) The battery is disconnected and thermometer by the operator of the are insulated to prevent of the aircraft and as carry-on baggage, (23) With the approval of the operator electrically powered heat-producing ar- ticles (e.g., battery-operated equip- soldering equipment), which, if acci- ment, such as underwater torches and treme heat and can cause fire. The dentally activated, will generate ex- aid is carried as checked baggage with- removed, the wheelchair or mobility ergy source, must be removed so as to heat-producing component, or the en- ing transport. prevent unintentional functioning dur- (24) [Reserved] erator, a passenger or crew member (25) With approval of the aircraft op- 687#

Page 649 CFR Ch. I (10-1-04 Edition) are fitted into a self-inflating life-jack- et for inflation purposes, plus no more training in relation thereto. (See als 14 CFR 121.135, 121.401, 121.433a, 135.323 an aircraft operator (Amdt. 175-18, 57 FR 20953, May 15, 1992] it for personal medical use at destina- passenger-carrying aircraft in accord. tion, may be carried in the cabin of a §175.25 Notification at air passenger strictions. facilities of hazardous materials re. ance with the following provisions: longing to the aircraft operator and, in (1) No more than six cylinders be- gages in for-hire transportation of pas- (a) Each aircraft operator who en- addition, no more than per passenger needing the oxygen at one cylinder sengers shall display notices of the re- cabin of the aircraft under the provi- destination, may be transported in the of hazardous materials aboard aircraft, quirements applicable to the carriare with those requirements. Each notice and the penalties for failure to comply sions of this paragraph (b); inder may not exceed 850 L(30 cubic of each cyl- displayed so that it can be seen by pas- must be legible, and be prominently outer packaging (see Special Provision (3) Each cylinder and its overpack or sengers in locations where the aircraft gage, and maintains aircraft boarding operator issues tickets, checks bag- A52 in §172.102 of this subchapter) must conform to the provisions of this sub- areas. communicate the following informa- (1) At a minimum, each notice must curely stow the cylinder in its The aircraft operator shall se- tion: pack or outer packaging in the cabin of ardous materials aboard aircraft in your lug- Federal law forbids the carriage of haz- the aircraft and shall notify the pilot- this part; and as specified in §175.33 of gage or on your person. onment and penalties of $250,000 or more (49 A violation can result in five years' impris- (b) are not subject to- (5) Shipments under this paragraph only, subpart H of part 172 of this sub- (i) Subpart C and, for passengers compressed gases, flammable liquids and sol- materials include explosives, ids, oxidizers, poisons, corrosives and radio- active materials (ii) Section 173.25(a) (4) of this sub- fi) Section 175.85 (i) [Amdt. 175-1, 41 FR 16106, Apr. 15, 1976] For Further information contact your air- (2) The information contained in $ 175.20 Compliance and training. paragraph (a) (1) of this section must be aution to Ense best played in in ada 688#

Page 7§ 175.702 49 CFR Ch. I (10-1-04 Edition) ages with the largest sum of transport predesignated area containing pack- (1) The transport index for any grou indexes. if packages does not exceed 50.0 §175.702 ackages containing Class 7 (xadic Requirements for cariage o active) materials in a cargo aircraft pied by- 'group of packages" means packages (a) As used in this section, the term and (A) Humans is at least 9 m (30 feet); an aircraft by a distance of 6 m (20 feet) that are separated from each other ir inches) for journeys not exceeding 24 (B) Live animals is at least 0.5 m (20 hours and at least 1.0 m (39 inches) for cargo aircratt only (b) No person may transport in a journeys longer than 24 hours. quired by §172.403 of this subchapter to any package re- be labeled RADIOACTIVE YELLOW_II RADIOACTIVE YELLOW-III or Amdt. 175-49, 58 FR 50494, Sept. 27, 1993; 66 of the packages does not exceed 50.0, (1) The total transport index for all FR 15383, Aug. 28, 2001; 69 FR 3694, Jan. 26, of the packages does not exceed 50.0 the total criticality safety index for all $175.703 Other special requirements ance with $ 175.701(a); or and the package is carried in accord- of the packages is greater than 50.0 but (2) The total transport index for all (a) No person may carry in an air- does not exceed 200.0, the total criti- craft any package of Class 7 (radio- ages does not exceed 100.0. Any pack- cality safety index for all of the pack- active) materials required by §172.403 of this subchapter to be labeled Radio. age, overpack or consignment having a active Yellow-II or Radioactive Yellow- must be transported criticality safety index greater than 50 Ill closer than the distances shown in under exclusive the following table to any package undeveloped Transport Index Up to 2 hours Minimum soparation distançe lo nearest undeveloped fim for various limes of transi! Meters Feet Meters 2 lo 4 hours Feet 4 to 8 hours Meters Feet Meters 8 to 12 hours Feet Over 12 hours 1.1 to 5.0 0.1 to 1.0 ..... 0.3 Meters Feet 0.9 1.2 0.6 0.9 1.2 1.5 1.8 6 4 1.8 6 3 10.1 to 20.0 5.1 to 10.0 .. 2.7 9 2,4 3.3 4,5 3.3 30.1 to 40.0 20.1 to 30.0 2.1 4.5 3.6 12 15 6.0 4.8 6.6 40.1 to 50.0 3.3 8.7 3.6 5.1 5.7 17 19 6.6 7.2 24 10.8 9.9 packages must conform to the require- (c) Each shipment of fissile material subchapter. ments of S$173.457 and 173.459 of this transportation, or transport, by air- (d) No person shall offer or accept for 702#

Page 8Research and Special Programs Admin., DOT Pt. 176 mable Gas; Oxidizer; or Corrosive mable Liquid; Flammable Solid; Flam [Amdt. 175-53, 60 FR 50333, Sept. 28, 1995] $175.705 To by as i (rat Sac co) materials. by the Associate Administrator. arrangements approved (a) Ae of Clas radioactive mate [Amdt. 175-13, 45 FR 20102, Mar. 27, 1980, as amended by Amdt. 175-26, 48 FR 10245, Mar. uency of checks shall be related to th adioactive contamination. The fr 10, 1983; Amdt. 175-26, 48 FR 31220, July 7, 1983; Amdt. 175-29, 48 FR 50461, Nov. 1, 1983; 175-53, 60 FR 50333, Sept. Amdt. 175-47, 55 FR 52687, Dec. 21, 1990; Amdt Jan. 26, 2004] §175.704 Plutonium shipments. exced that providi rem out on are subject to 10 CFR 71.88(a) (4) must Shipments of plutonium by air which comply with the following: less than 40 kg (88 lbs) and having its A plutonium package weighing 21, 1990] height and diameter both less than 50 PART 176CARRIAGE BY VESSEL aircraft on the main deck or the lower cm (19.7 in), must be stowed aboard the Subpart A-General cation that is possible for cargo of its cargo compartment in the aft-most lo- Sec. size and weight. No other type of cargo 176.1 may be stowed aft of a plutonium pack- 176.3 Unacceptable hazardous material: shipments cured and restrained to prevent shift- (b) A plutonium package must be se- 1704 Portantand safety regulations. ing under normal ore must be securely cradled and tie ium package weighing 40 kg (88 Ibs) 178: orderent cess personne 176.13 Responsibility for complance and down to the main deck of the aircraft training ble of providing package restraint 170.18 Assignment and certification the following inertial forces Subpart B--General Operaling it the aircraft: Upward, 2g; Forward g: Sideward. 1.5g: Downward, 4.5g Requirements ess than 40 kg (88 Ibs), and having it c) A plutonium package weighin 176.27 76.24 Shipping papers Certificate cm (19.7 in), may not be transported height and diameter both less than 50 176.31 Exemptions. 176.30 Dangerous cargo manifest. aboard an aircraft carrying other cargo 176.36 Preservation of records. required to bear an "Explosive A" or an 176.18 Situation requiring report. 176.15 Emergency situations. material labels: Explosive A: Explosive bearing any of the following hazardous 176.54 703#

Page 9Thomas W. Woll, B.A., M.S. Open Water Scuba Instructor New York, N.Y. 10003 145 East 16th Street Apt. 15 E PADI® Res. (212) 982-8157 TRANSPORTATION SECURITY ADMINISTRATION. 400 SEVENTH ST. SW 2/23/05 WASHINGTON, DE 20590 DEAR SIR OR MADAM! I Am WRITNG TO REQUEST A COPY OF THE REBULATIONS REGARDING THE INSPECTION OF UNDEVELOPED PHOJOGRAPHIC FILM DURING THE SECURITY PROCESS, AT AIRPORTS, On my LATEST ROUND-TRIP FROm NEW YoRK To BANGKOK (INCLUDING CAMBODIA AND VIETNAM My FILM WAS A TOTAL OF SEUENTEEN TIMES THOUGH I ASKED THAT IT BE HAND CHECKED. PLEASE HECP ME RESOLVE THiS ISSUE FOR HE FUTURE. THANK yOU. SINCERECY, Thomas w. Will - -#