{"operation":"document","citation":"05-0321","title":"Mr. Thomas Woll — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2005-06-13","effective_on":null,"summary":"05-0321 concerning 175.1.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-05-0321.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-05-0321.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-05-0321","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2005/050321.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nJ.S. Department\nWashington, D.C. 20590\n400 Seventh Street, S.W.\nPipeline and\nAdministration\nHazardous Materials Safety\nJUN 12\n2005\n•\nMr. Thomas Woll\n145 East 16\" Street Apt. 15E\nNew York, NY 10003\nDear Mr. Woll:\n•\nThis is in response to your February 23, 2005, letter requesting the regulations regarding\nthe transportation of undeveloped film aboard aircraft by passengers and crew members\nunder the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Per your\nrequest, enclosed are copies of 49 CFR 175.10 and 175.300.\nI hope this satisfies your request.\nSincerely,\nChief Standards Development\nOffice of Hazardous Materials Standards\n\n<<<PAGE 2>>>\n\n•\n$ 175.1\n49 CFR Ch. I (10-1-04 Edition)\n75.702 Requirements for carriage of pack.\nterials in a cargo aircraft only.\nages containing Class 7 (radioactive) ma.\nermining that they are qualified t\n(i) Approving crew members and de\n175.703 Other special requirements for the\n175.704 Plutonium shipments.\ntaining Class 7 (radioactive) materials\n75.705 Inspection of aircraft for contamina\nAUTHORITY: 49 U.S.C. 5101-5127; 19 CFR 1.53.\nion by Class 7 (radioactive) materials\n1976, unless otherwise noted.\nSOURCE: Amdt. 175-1, 41 FR 16106, Apr. 15,\nSubpart A-General Information\nnationals outside the United States if:\nunder lease to and operated by foreign\nand Regulations\naboard aircraft by §172.101 of this sub-\nHazardous materials forbidden\n§ 175.1 Purpose and scope.\nand\nchapter are not carried on the aircraft;\naddition to\nThis part prescribes requirements, in\n1, 172 and 173 of this subchapter,\nthose contained in parts\ncarried in accordance with the regula-\n(i1) Other hazardous materials are\nporting hazardous materials\nicable to aircraft operators tran\n(including attached to or suspended\naboard\ncraft operator.\ntions of the State (nation) of the air-\nfrom) aircraft.\n[Amdt. 175-15, 15 FR 35332, May 27, 1980]\n[Amdt. 175-15, 45 FR 35332, May 27, 1980]\n§175.10 Exceptions.\n$ 175.3 Unacceptable hazardous mate-\n(a) This subchapter does not apply to:\nHazardous materials that are not\nrials shipments.\nare in compliance with the installation\n(1) Aviation fuel and oil in tanks that\nwith this subchapter may not be ac-\nprepared for shipment in accordance\nprovisions of 14 CFR, chapter 1.\ncepted\nported aboard an aircraft.\nfor transportation or trans-\naboard an aircraft in accordance with\nments and operating regulations. Un-\nthe applicable airworthiness require-\n[Amdt. 175-25, 47 FR 54822, Dec. 6, 1982]\nless otherwise approved\nciate Administrator, items of replace-\nby the Asso-\n§175.5 Applicability.\nance for transportation, loading and\n(a) This part applies to the accept-\nment for such hazardous materials\nwith this subchapter except that-\nmust be transported in accordance\ntransportation of hazardous materials\nagings, packagings specially designed\n(i) In place of the required pack-\nmay anywhere a a conse. ta\nsupplies may be used, provided such\nfor the transport of aircraft spares and\npart does not apply to:\ngovernment when not engaged in car-\n(1) Aircraft owned and operated by a\nlent level of protection to those that\nackagings provide at least an equiva\ncial purposes;\nrying persons or property for commer-\nwould be required by this subchapter;\nto quantity limitations such as those\n(il) Aircraft batteries are not subject\ngovernment nor engaged in carrying\n(2) Aircraft which are not owned by a\nsubchapter; and,\nprovided in §172.101 or §175.75(a) of this\npurposes but which are under the ex-\npersons or property for commercial\nable tire is not subject to the provi-\n(iil) A tire assembly with a service-\nclusive direction and control of a gov-\ndays as specified in a written contract\nernment for a period of not less than 90\nsions of this subchapter provided the\ntire is not inflated to a gauge pressure\nor lease. An aircraft is under the exclu-\nexceeding the maximum rated pressure\n. ment when the government exercises\nsive direction and control of a govern-\nfor that tire.\ncarried in hoppers or tanks of aircraft\n(3) Hazardous materials loaded and\ncertificated for use in aerial seeding,\n684\n\n<<<PAGE 3>>>\n\nResearch and Special Programs Admin., DOT\ndusting, spraying, tertilizing, crop im-\npensed during such an operation.\nprovement, or pest control,\nwhen carried by a passenger or\n(4) The following hazardous materials\nmember for personal use in confere-\nnce with the following conditions\noilet articles (including aerosols) ma:\n(i) Non-radioactive\nmedicinal anc\ne carried in checked or carry-on bag\ngage) One self-defense spray (see $171.8\nmL (4 fluid ounces)\nof this subchapter), not exceeding 118\naccidental discharge may be carried in\ncorporates a positive means to prevent\none's person or in checked or carry-on\nand lighter refills are not permitted on\nchecked baggage only:\nwith no subsidiary risk may be carried\naerosols in Division 2.2\nrotechnic devices affixed to aircrafi\n11) Smoke grenades, flares, and py\nin checked baggage only; and\nardous materials carried by the person\n(iv) The aggregate quantity of haz-\nJuired flight crewmember during any\ncarrying no person other than a re\nmay not exceed 2 kg (70 ounces) by\nscheduled air show or\nflight conducted at and as a part of a\nand the capacity of each container may\nmass or 2 L (68 fluid ounces) by volume\naeronautical skill. The affixed installa-\nexhibition of\n470 mL (16 fluid ounces) by volume.\nnot exceed 0.5 kg (18 ounces) by mass or\ntion accommodating the smoke gre-\nnades, flares, or pyrotechnic devices on\n(a) (4) also apply to an aircraft operator\n(v) The provisions of this paragraph\nthe aircraft must be approved by the\nmember baggage to its intended des-\nwhen transporting passenger or crew\nloaded and carried on or in cargo air-\n(12) Hazardous materials which are\ntination, if the baggage has been sepa-\ncraft only, and which are to be dis-\nber, including transfer to another car-\nrated from the passenger or crew mem-\nweather control, enviromental restora-\nexpended during flight for\nrier for transport to its intended des-\ntion or protection, forest preservation\nlanche control purposes,\nprotection, flood control,\nsonal use carried by a crewmember or\n5) Small-arms ammunition for per-\nquality control testing of special fire-\ncarry-on baggage) if securely packed in\npassenger in his baggage (excluding\nquirements are met:\nment of Defense, when the following re-\npackagings\ncarry small amounts of ammunition.\nspecifically\nover densely populated areas, in a con-\n(i) Operations may not be conducted\nThis paragraph does not apply to per-\ngested airway, or near any airpor\ntraveling under the provisions of\nare conducted.\nwhere air carrier passenger operation\n(6) (Reserved)\nkeep current a\n(ii) Each operator shall prepare and\nrial used for the generation of oxygen,\n(7) Oxygen, or any hazardous mate-\nfor medical use by a passenger, which\nis furnished by the aircraft operator in\naccordance with\n35.91. For purposes of this paragraph\nexpending of hazardous materials. The\ntificate holder under 14 CFR part 121 or\nan aircraft operator that is not a\nmanual must be approved by the FAA\nCivil Aviation Security Office respon-\nart 135, may apply this exception i\nsible for the operator's overall aviation\n135.91 in the same manner as required\nconformance with 14 CFR 121.574 ol\nAviation Security Office in the regio\nsecurity program or the FAA Civi\nfor a certificate holder.\nwhere the operator is located.\nmanual must be approved by the FAA\n\n<<<PAGE 4>>>\n\n§ 175.10\n49 CFR Ch. I (10-1-04 Edition)\nsponsible for reviewing the operator's\nCivil Aviation Security Field Office re-\nhazardous materials\nFAA Civil Aviation Security Field Of\nprogram or the\ncarried on the aircraft.\nhave advance permission\n(iv) The operator of the aircraft must\nspecification cylinder and is marked,\nate the unit is in an authorized DOT\nowner of any airport to be used for the\ndispensing or expending operation.\nlabeled, filled and maintained as pre-\n(v) When dynamite and blasting caps\nscribed by this subchapter;\nation of the unit is of the nonspillable\n(ii) Each battery used in the oper-\nby, and at all times be under the con-\nthe explosives must be handled\ntrol of, a qualified blaster. When re-\nvalves, fittings, and gauges are pro-\n(lii) The unit is constructed so that\nblaster must be licensed and the State\nquired by State or local authority, the\ntected from damage;\nwriting to the FAA Civil Aviation Se-\nor local authority must be identified in\nwhen the unit is on board, and when it\n(iv) The pilot in command is advised\nis intended for use;\nviewing the operator's hazardous mate-\ncurity Field Office responsible for re-\nson qualified to operate it;\n(v) The unit is accompanied by a per-\ntion Security Field Office in the region\nrials program or the FAA Civil Avia-\ncraft in a manner so as not to restrict\n(vi) The unit is secured in the air-\nwhere the operator is located.\naccess to or use of any required emer-\nluminating flares,\n(vi) When special fireworks aerial il-\nthe passenger compartment; and,\ngency or regular exit or of the aisle in\ncifically for the DOD, are carried for\nmanufactured spe-\nthe unit is prohibited.\n(vii) Smoking within 3 m (10 feet) of\nin-flight routine quality control test-\ning, the fireworks must be handled by,\n(15) Alcoholic beverages, perfumes,\nand at all times be under the control\nthat have been examined by the Bureau\nand liquefied gas lighters\ntrained in accordance with a program\nqualified person who has been\nof Explosives (B of E) and approved by\ntion Security Field Office. The aircraft\napproved by the local FAA Civil Avia-\naboard a passenger-carrying aircraft by\nthe Associate Administrator, carried\nmust be specially modified to conduct\nthe operator for use or sale on the air-\ncitically approved for such operations\nthe testing operation and must be spe-\nnased through duty-free sales, carri\n6) Perfumes and colognes, pu\nby the local FAA Civil Aviation Secu-\nrity Field Office before the flight.\nby passengers or crew in carry-on bag-\n(13) Carbon dioxide, solid (dry ice)\n1) Alcoholic beverages containin\n(i) In quantities not exceeding 2.3 kg\n| Not more than 24% alcohol by vc\nprescribed\nchapter and used as a refrigerant for\nby $173.217\n70% alcohol by volume when in retail\n(ii) More than 24% and not more than\nthe contents of the package. The pack-\none a shocked ar anyon toge\nthat the net weight is 2.3 kg (5.07\nweight of the dry ice or an indication\nthe contents being cooled, the net\nage must be marked with the name of\non of 5 liters (1.3 gallons) for such bet\nage, with a total net quantity per per\nounds) or less, and also marked \"Car-\nerages.\non Dioxide, Solid\" or \"Dry Ice\";\nworn by passengers for the operation of\n(18) Carbon dioxide gas cylinders\n686\n\n<<<PAGE 5>>>\n\nResearch and Special Programs Admin., DOT\n§ 175.10\nliner has a leakproof closure\nrial placed inside of the liner and the\n§ 173.159(d) for nonspillable batterie\nThe battery meets the provisior\nwhere necessary, removal of the bat-\nincluding.\nwith wheelchair.\"\nmarked with the words \"Battery, wet,\never, removal of the battery from the\ntery, reveals no\nobvious defects (how-\ncarbon gas, no more than one per pas-\n(21) Hair curlers containing hydro-\nfied airline personnel only);\nhousing should be performed by quali-\nsenger or crew member, provided that\nterminals\n(lii) The battery is disconnected and\nthe heating element. Gas refills for\nthe safety cover is securely fitted over\nshort circuits; and\nto the wheelchair or mobility aid, is re-\n(iv) The battery is securely attached\nchecked or carry-on baggage.\ncurlers are not permitted in\nmometer carried as carry-on-baggage\n(22) A mercurial barometer or ther-\npackaging\nmoved and placed in a strong,NON-\nmarked\nrigid\nenclosed in a rigid housing that is\nSPILLABLE BATTERY\"\n(unless fully\nonly, by a representative of a govern-\nagency, provided that individual ad-\nnent weather bureau or similar official\ncordance with paragraph (a) (20) (iv) of\nproperly marked), or is handled in ac-\nvises the operator of the presence of\nthis section.\nthe barometer or thermometer in his\npowered mobility aid equipped with a\n(20) A wheelchair or other battery-\nbaer must be packaged in a strong\nThe barometer or thermom-\nspillable\nchecked baggage, provided that-\nbattery, when\ncarried\nas\nouter packaging having sealed inner\nliner or bag of strong, leak proof and\nnecessary, removal of the battery, re-\n(i) Visual inspection including, where\nvious to mercury, which will prevent\npuncture-resistant\nveals no\nmoval of the battery from the housing\nobvious defects (however,\nre-\nthe escape of mercury from the pack-\npilot-in-command must be informed of\nage irrespective of its position.\nshould be performed by qualified air-\nline personnel only):\nthe presence of any such barometer or\n(il) The battery is disconnected and\nthermometer by the operator of the\nare insulated to prevent\nof the aircraft and as carry-on baggage,\n(23) With the approval of the operator\nelectrically powered heat-producing ar-\nticles (e.g., battery-operated equip-\nsoldering equipment), which, if acci-\nment, such as underwater torches and\ntreme heat and can cause fire. The\ndentally activated, will generate ex-\naid is carried as checked baggage with-\nremoved, the wheelchair or mobility\nergy source, must be removed so as to\nheat-producing component, or the en-\ning transport.\nprevent unintentional functioning dur-\n(24) [Reserved]\nerator, a passenger or crew member\n(25) With approval of the aircraft op-\n687\n\n<<<PAGE 6>>>\n\n49 CFR Ch. I (10-1-04 Edition)\nare fitted into a self-inflating life-jack-\net for inflation purposes, plus no more\ntraining in relation thereto. (See als\n14 CFR 121.135, 121.401, 121.433a, 135.323\nan aircraft operator\n(Amdt. 175-18, 57 FR 20953, May 15, 1992]\nit for personal medical use at destina-\npassenger-carrying aircraft in accord.\ntion, may be carried in the cabin of a\n§175.25 Notification at air passenger\nstrictions.\nfacilities of hazardous materials re.\nance with the following provisions:\nlonging to the aircraft operator and, in\n(1) No more than\nsix cylinders be-\ngages in for-hire transportation of pas-\n(a) Each aircraft operator who en-\naddition, no more than\nper passenger needing the oxygen at\none cylinder\nsengers shall display notices of the re-\ncabin of the aircraft under the provi-\ndestination, may be transported in the\nof hazardous materials aboard aircraft,\nquirements applicable to the carriare\nwith those requirements. Each notice\nand the penalties for failure to comply\nsions of this paragraph (b);\ninder may not exceed 850 L(30 cubic\nof each cyl-\ndisplayed so that it can be seen by pas-\nmust be legible, and be prominently\nouter packaging (see Special Provision\n(3) Each cylinder and its overpack or\nsengers in locations where the aircraft\ngage, and maintains aircraft boarding\noperator issues\ntickets, checks bag-\nA52 in §172.102 of this subchapter) must\nconform to the provisions of this sub-\nareas.\ncommunicate the following informa-\n(1) At a minimum, each notice must\ncurely stow the cylinder in its\nThe aircraft operator shall se-\ntion:\npack or outer packaging in the cabin of\nardous materials aboard aircraft in your lug-\nFederal law forbids the carriage of haz-\nthe aircraft and shall notify the pilot-\nthis part; and\nas specified in §175.33 of\ngage or on your person.\nonment and penalties of $250,000 or more (49\nA violation can result in five years' impris-\n(b) are not subject to-\n(5) Shipments under this paragraph\nonly, subpart H of part 172 of this sub-\n(i) Subpart C and, for passengers\ncompressed gases, flammable liquids and sol-\nmaterials include explosives,\nids, oxidizers, poisons, corrosives and radio-\nactive materials\n(ii) Section 173.25(a) (4) of this sub-\nfi) Section 175.85 (i)\n[Amdt. 175-1, 41 FR 16106, Apr. 15, 1976]\nFor Further information contact your air-\n(2) The information contained in\n$ 175.20 Compliance and training.\nparagraph (a) (1) of this section must be\naution to Ense best played in in ada\n688\n\n<<<PAGE 7>>>\n\n§ 175.702\n49 CFR Ch. I (10-1-04 Edition)\nages with the largest sum of transport\npredesignated\narea containing pack-\n(1) The transport index for any grou\nindexes.\nif packages does not exceed 50.0\n§175.702\nackages containing Class 7 (xadic\nRequirements for cariage o\nactive) materials in a cargo aircraft\npied by-\n'group of packages\" means packages\n(a) As used in this section, the term\nand\n(A) Humans is at least 9 m (30 feet);\nan aircraft by a distance of 6 m (20 feet)\nthat are separated from each other ir\ninches) for journeys not exceeding 24\n(B) Live animals is at least 0.5 m (20\nhours and at least 1.0 m (39 inches) for\ncargo aircratt only\n(b) No person may transport in a\njourneys longer than 24 hours.\nquired by §172.403 of this subchapter to\nany package re-\nbe labeled RADIOACTIVE YELLOW_II\nRADIOACTIVE YELLOW-III or\nAmdt. 175-49, 58 FR 50494, Sept. 27, 1993; 66\nof the packages does not exceed 50.0,\n(1) The total transport index for all\nFR 15383, Aug. 28, 2001; 69 FR 3694, Jan. 26,\nof the packages does not exceed 50.0\nthe total criticality safety index for all\n$175.703 Other special requirements\nance with $ 175.701(a); or\nand the package is carried in accord-\nof the packages is greater than 50.0 but\n(2) The total transport index for all\n(a) No person may carry in an air-\ndoes not exceed 200.0, the total criti-\ncraft any package of Class 7 (radio-\nages does not exceed 100.0. Any pack-\ncality safety index for all of the pack-\nactive) materials required by §172.403\nof this subchapter to be labeled Radio.\nage, overpack or consignment having a\nactive Yellow-II or Radioactive Yellow-\nmust be transported\ncriticality safety index greater than 50\nIll closer than the distances shown in\nunder exclusive\nthe following table to any package\nundeveloped\nTransport Index\nUp to 2 hours\nMinimum soparation distançe lo nearest undeveloped fim for various limes of transi!\nMeters\nFeet\nMeters\n2 lo 4 hours\nFeet\n4 to 8 hours\nMeters\nFeet\nMeters\n8 to 12 hours\nFeet\nOver 12 hours\n1.1 to 5.0\n0.1 to 1.0 .....\n0.3\nMeters\nFeet\n0.9\n1.2\n0.6\n0.9\n1.2\n1.5\n1.8\n6\n4\n1.8\n6\n3\n10.1 to 20.0\n5.1 to 10.0 ..\n2.7\n9\n2,4\n3.3\n4,5\n3.3\n30.1 to 40.0\n20.1 to 30.0\n2.1\n4.5\n3.6\n12\n15\n6.0\n4.8\n6.6\n40.1 to 50.0\n3.3\n8.7\n3.6\n5.1\n5.7\n17\n19\n6.6\n7.2\n24\n10.8\n9.9\npackages must conform to the require-\n(c) Each shipment of fissile material\nsubchapter.\nments of S$173.457 and 173.459 of this\ntransportation, or transport, by air-\n(d) No person shall offer or accept for\n702\n\n<<<PAGE 8>>>\n\nResearch and Special Programs Admin., DOT\nPt. 176\nmable Gas; Oxidizer; or Corrosive\nmable Liquid; Flammable Solid; Flam\n[Amdt. 175-53, 60 FR 50333, Sept. 28, 1995]\n$175.705 To by as i (rat Sac co)\nmaterials.\nby the Associate Administrator.\narrangements approved\n(a) Ae of Clas radioactive mate\n[Amdt. 175-13, 45 FR 20102, Mar. 27, 1980, as\namended by Amdt. 175-26, 48 FR 10245, Mar.\nuency of checks shall be related to th\nadioactive contamination. The fr\n10, 1983; Amdt. 175-26, 48 FR 31220, July 7,\n1983; Amdt. 175-29, 48 FR 50461, Nov. 1, 1983;\n175-53, 60 FR 50333, Sept.\nAmdt. 175-47, 55 FR 52687, Dec. 21, 1990; Amdt\nJan. 26, 2004]\n§175.704 Plutonium shipments.\nexced that providi rem out on\nare subject to 10 CFR 71.88(a) (4) must\nShipments of plutonium by air which\ncomply with the following:\nless than 40 kg (88 lbs) and having its\nA plutonium package weighing\n21, 1990]\nheight and diameter both less than 50\nPART 176CARRIAGE BY VESSEL\naircraft on the main deck or the lower\ncm (19.7 in), must be stowed aboard the\nSubpart A-General\ncation that is possible for cargo of its\ncargo compartment in the aft-most lo-\nSec.\nsize and weight. No other type of cargo\n176.1\nmay be stowed aft of a plutonium pack-\n176.3 Unacceptable hazardous material:\nshipments\ncured and restrained to prevent shift-\n(b) A plutonium package must be se-\n1704 Portantand safety regulations.\ning under normal\nore must be securely cradled and tie\nium package weighing 40 kg (88 Ibs)\n178: orderent cess personne\n176.13 Responsibility for complance and\ndown to the main deck of the aircraft\ntraining\nble of providing package restraint\n170.18 Assignment and certification\nthe following inertial forces\nSubpart B--General Operaling\nit the aircraft: Upward, 2g; Forward\ng: Sideward. 1.5g: Downward, 4.5g\nRequirements\ness than 40 kg (88 Ibs), and having it\nc) A plutonium package weighin\n176.27\n76.24 Shipping papers\nCertificate\ncm (19.7 in), may not be transported\nheight and diameter both less than 50\n176.31 Exemptions.\n176.30 Dangerous cargo manifest.\naboard an aircraft carrying other cargo\n176.36 Preservation of records.\nrequired to bear an \"Explosive A\" or an\n176.18 Situation requiring report.\n176.15 Emergency situations.\nmaterial labels: Explosive A: Explosive\nbearing any of the following hazardous\n176.54\n703\n\n<<<PAGE 9>>>\n\nThomas W. Woll, B.A., M.S.\nOpen Water Scuba Instructor\nNew York, N.Y. 10003\n145 East 16th Street Apt. 15 E\nPADI®\nRes. (212) 982-8157\nTRANSPORTATION SECURITY ADMINISTRATION.\n400 SEVENTH ST. SW\n2/23/05\nWASHINGTON, DE 20590\nDEAR SIR OR MADAM!\nI Am WRITNG TO REQUEST A COPY OF THE\nREBULATIONS REGARDING THE INSPECTION OF UNDEVELOPED\nPHOJOGRAPHIC FILM DURING THE SECURITY PROCESS,\nAT AIRPORTS,\nOn my LATEST ROUND-TRIP FROm NEW YoRK To\nBANGKOK (INCLUDING CAMBODIA AND VIETNAM My FILM\nWAS A TOTAL OF SEUENTEEN TIMES THOUGH I\nASKED THAT IT BE HAND CHECKED.\nPLEASE HECP ME RESOLVE THiS ISSUE FOR\nHE FUTURE. THANK yOU.\nSINCERECY,\nThomas w. Will\n-\n-","truncated":false,"body_characters":21293}