(1) Aviation fuel and oil in tanks that comply with installation provisions of this chapter, small arms ammunition for personal use, aircraft equipment such as signaling devices, or aircraft equipment and materials necessary for safe operation of the aircraft on which they are carried;

(2) Material carried in hoppers or tanks of aircraft certificated for use in aerial seeding, dusting, spraying, fertilizing, crop improvement, or pest control, to be dispensed during such an operation;

(3) Radioactive materials that meet those requirements of Parts 72 and 73 of the ICC Regulations (49 CFR Parts 72 and 73) that exempt them from the packing, marking, and labeling requirements for shipment by rail express; and

(4) Radioactive materials that are shipped by the Atomic Energy Commission or under its direction or supervision, under special arrangement with the Administrator, and are escorted by persons specially designated by the Atomic Energy Commission.

§ 103.3 Certification requirements.

(a) No shipper may offer, and no person operating an aircraft may knowingly accept, any dangerous article for shipment in an aircraft unless there is accompanying the shipment a clear and visible statement that the shipment complies with the requirements of this part. In the case of shipments in passenger-carrying aircraft, the shipper shall also state that the shipment complies with the requirements in this part for carrying dangerous articles in passenger-carrying aircraft. The shipper or his authorized agent shall sign the statement or stamp it with a facsimile of his signature. The person operating an aircraft may rely on the shipper's statement as prima facie evidence that the shipment complies with the requirements of this part.

(b) If there is provision on the face of the label for the statement, the shipper shall make the statement of compliance with this part on the ICC label attached to each package containing dangerous articles. If there is no provision on the label for the statement, the shipper shall make the statement in duplicate and sign it or stamp it with a facsimile of his signature. One signed or stamped copy accompanies the shipment and the originating air carrier retains the other signed or stamped copy.

The person operating the aircraft may require the shipper to have the statement certified by an authority approved by the person operating the aircraft.

(c) For the purposes of this part, a passenger-carrying aircraft is an aircraft that carries any person other than a crewmember, company employee, an authorized representative of the United States, or a person accompanying the shipment.

§ 103.5 Authority to deviate.

(a) When other forms of transportation are impracticable, or in an emergency, the Administrator may authorize deviations from the provisions of this Part for one or more flights of a particular operation, subject to the following:

(1) Only the minimum flight crew necessary for safe flight, and such other persons as are necessary for handling the shipment en route, are carried in the aircraft.

(2) The shipper certifies that the shipment can be handled with a reasonable degree of safety to persons and cargo in the aircraft.

(3) The shipper provides full instructions on special handling procedures and precautions necessary for safe shipment.

(4) The crew of the aircraft is thoroughly briefed on the characteristics and handling of the cargo.

(5) Whenever any crew change occurs during the flight, the new crew is briefed under a hand-to-hand signature service furnished by the carrier.

(6) If the dangerous article can create destructive forces or have lethal or injurious effects over an appreciable area as a result of accident to the aircraft or shipment, the aircraft is located on airports for loading and unloading, and is operated in takeoff, en route, and in landing, at a safe distance from heavily populated areas and from any place of human abode or assembly.

(7) The authorization is limited to the particular operation and to the articles for which the authorization is requested.

(8) The authorization specifies the points of origin where the articles are to be loaded in the aircraft and the points of destination where the articles are to be removed from the aircraft.

(9) The shipment is loaded, unloaded, packed, marked, stowed, and secured in the aircraft in accordance with the rules or special instructions of the ICC applicable to the articles for which deviation is requested.

(10) The holder of the authorization has advance permission from the operators or managers of the airports concerned.

(11) The authorization is limited to civil aircraft in the United States.

(b) Application for authority to deviate from this Part is made on Form FAA400.

(c) In an emergency requiring immediate transportation of articles for which authority to deviate is necessary, the applicant may apply by telephone or telegraph to the appropriate Flight Standards District Office.

(d) Upon applying for authority for deviation under this section, the applicant must arrange with the appropriate Flight Standards inspector to inspect the aircraft and loading arrangement and to ascertain the safety precautions necessary for safe flight.

[Amdt. 1-1, 28 F.R. 6722, June 29, 1963, as amended by Amdt. 103-2, 31 F.R. 9058, July 1, 1966]

§ 103.7

Passenger-carrying aircraft.

No person may carry any dangerous article in passenger-carrying aircraft, except―

(a) Those exempted from the specification, packing, marking, and labeling requirements of Parts 72, 73, and 78 of the ICC Regulations (49 CFR Parts 72, 73, and 78) applicable to rail express;

(b) Class C explosives that are packed, marked, and labeled in accordance with the requirements of Parts 72 and 73 of the ICC regulations (49 CFR Parts 72 and 73) for shipment by rail express, except that the maximum for other than smallarms ammunition that may be packed in one outside container is 50 pounds net weight;

(c) Subject to § 103.19 (a), nonfiammable compressed gases that are in ICC approved cylinders and at pressures not greater than the pressure allowed by ICC Regulations for shipment by rail express, but not including anhydrous ammonia, boron trifluoride, chlorine, hydrogen bromide, hydrogen chloride, nitrosyl chloride, and sulfur dioxide;

(d) Motion picture film and X-ray film (nitrocellulose base), both exposed and unexposed, that is packed, marked, and labeled in accordance with the requirements of Parts 72 and 73 of the ICC Regulations (49 CFR Parts 72, and 73) for shipment by rail express;

(e) Pyroxylin plastics containing nitrocellulose in sheets, rolls, rods, or tubes that are packed, marked, and labeled in accordance with the requirements of Parts 72 and 73 of the ICC Regulations (49 CFR Parts 72, and 73) for shipment by rail express; and

(f) Subject to § 103.19 (b), radioactive materials (Groups I, II, and III), that are packed, marked, and labeled in accordance with the requirements of Parts 72 and 73 of the ICC Regulations (49 CFR Parts 72, and 73) for shipment by rail express.

[Doc. No. 1580, Amdt. 1-1, 28 F.R. 6722, June 29, 1963, as amended by Amdt. 103-2, 31 F.R. 9058, July 1, 1966]

(a) The operator of a cargo aircraft may carry any of the dangerous articles allowed in § 103.7 and in addition, may carry

(1) Any dangerous article certified by the shipper as acceptable under ICC Regulations for transportation by rail express, but the maximum quantity in any one outside package or container may not be more than that prescribed for railway express in the commodity list of Part 72 of the ICC Regulations (49 CFR Part 72); and

(2) Radioactive materials of low activity packed in strong, tight containers. (b) The materials covered by subparagraph (a) (2) of this section are exempt from the packing and labeling requirements of this Part for shipment in plane load lots, if the per-plane load radiation intensity at one meter from the outside surface of the load in the aircraft does not exceed 10 milliroentgens per hour of gamma radiation or equivalent. There must be no loose radioactive material in the aircraft, and the shipment must be braced and lashed to prevent leaking or shifting in normal flight. The consignor and consignee are responsible for supervising the loading and unloading and for monitoring each person involved so as not to exceed accepted limits of personnel radiation exposure.

(c) For the purposes of this part, a cargo aircraft is any aircraft that is not a passenger-carrying aircraft and that is used for the carriage of goods.

§ 103.11 Packing and marking require

ments.

Except as otherwise provided in this Part, each shipper who packs or marks

a dangerous article for shipment under this Part shall pack or mark that article in accordance with Parts 72, 73, and 78 of the ICC Regulations (49 CFR Parts 72, 73, and 78) applicable to rail express. § 103.13 Labeling requirements.

Except as otherwise provided in this part, the shipper shall label each dangerous article, that is acceptable under this part for transportation in air commerce, with the appropriate label required by ICC Regulations, even though that article is exempt from ICC labeling requirements because of ICC quantity and packing limitations.

§ 103.15 Containers for liquids.

(a) Each shipper who packs liquids for shipment under this part shall pack the liquids in securely closed inside containers that are strong enough to prevent leakage or distortion of the containers from temperature or pressure change during shipment, and must have them filled in a manner that provides adequate outage.

(b) In the case of quantities of one quart or less in each inside container, the shipper must pack each inside container in a strong outside container with cushioning and absorbent material to prevent breakage or leakage. However, inside containers of a combined capacity of not more than one quart may be packed within one such outside container.

§ 103.17 Quantity equivalents.

Quantities measured by the metric system or the imperial system may be substituted on the basis of one liter or one imperial quart per quart specified, and 500 grams per pound specified, up to one gallon for liquids or 10 pounds for solids.

§ 103.19 Quantity limitations.

(a) No person may carry more than 150 pounds net weight of nonflammable compressed gas in any inaccessible cargo pit or bin on any aircraft.

(b) No person may carry more than 40 units of radioactive material (Group I or II) in any aircraft.

(c) No person may carry more than 50 pounds net weight of any article that is subject to this part (other than an article specified in paragraph (a) or (b) of this section) in any inaccessible cargo pit or bin on any aircraft.

[Doc. No. 1580, Amdt. 1-1, 28 F.R. 6722, June 29, 1963, as amended by Amdt. 103-2, 31 F.R. 9058, July 1, 1966]

§ 103.21

Shipments by the Atomic Energy Commission; exemption from quantity limitations.

When other forms of transportation are impracticable, or in an emergency, shipments by the Atomic Energy Commission are exempt from the quantity limitations prescribed for the shipment of radioactive materials by rail express in the ICC Regulations, if the shipments are otherwise in accordance with the ICC Regulations. The Atomic Energy Commission shall give advance notice of each shipment in a form and manner prescribed by the Administrator.

§ 103.23 Special requirements for radioactive materials.

(a) If the pilot in command or the operator of an aircraft discovers that a shipment of radioactive material is damaged, the operator of the aircraft shall remove the radioactive material from the aircraft and keep it from human contact. The operator of the aircraft shall immediately request the shipper to furnish disposal instructions and shall notify the Administrator of the incident.

(b) In any case that radioactive material spills to such an extent that it is no longer contained in its inner container, no person may attempt to remove or clean up the material until instructions are received from the shipper or other qualified person, protective measures have been taken, and qualified persons are present to supervise the handling.

(c) No person may place a container or group of containers of radioactive material closer to an area that may be continuously occupied by crewmembers or passengers than the distance specified in the distance table in this paragraph. If there is more than one container, the distance is computed by adding the number of units shown on the label of each package.

TABLE FOR PERSONNEL SEPARATION

This table is designed to afford maximum protection to human beings from the effects of radiation and will not protect X-ray film from such effects under all conditions of exposure. Distance separation required by this table for Groups I and II (red label) radioactive materials is not required for Group III (blue label) radioactive materials. Total number of units refers to the number found on the red label of a single package entered on the line reading, "Radiation Units from Package: No.

For two or more packages stored together, the total of the numbers of all such packages is meant. Distance means the number of feet from the nearest edge of the nearest radioactive container.

(d) If an aircraft is frequently used to carry radioactive materials, the shipper and the operator of the aircraft are jointly responsible for monitoring all persons involved so that the accepted limits of personnel radiation exposure are not exceeded.

§ 103.27

Damage to dangerous articles. Except as provided in §103.23, the pilot in command or operator of the aircraft shall remove from the aircraft any package subject to this part that appears to be damaged or leaking and may not carry it in the aircraft until it has been determined that the damaged or leaking article meets the requirements of this part. The operator of the aircraft shall promptly report the incident to the Administrator.

§ 103.29 Magnetized materials; packing and marking requirements.

Each shipper offering magnetized materials (which might cause an erroneous aircraft magnetic compass reading) for shipment by air shall

(a) Plainly mark the outside of the package "Magnetized Materials";

(b) Pack magnets or magnetized devices such as magnetrons and light meters so that the polarities of each unit oppose one another; and

(c) Install keeper bars on permanent magnets or shield them to prevent the magnetic field from affecting that magnetic compass.

§ 103.31 Cargo location.

(a) No person may carry articles that are subject to the requirements of this part in a cabin of a passenger-carrying aircraft.

(b) Each person carrying articles acceptable only for cargo aircraft shall carry those articles in a location accessible to a crewmember in flight.

(c) No person may place a container of yellow label material next to, or in a position to allow contact with, a container of white label material in any aircraft.

(d) No person may load magnetized material (which might cause an erroneous magnetic compass reading) on an aircraft in the vicinity of a magnetic compass or compass master unit that is a part of the instrument equipment of the aircraft in a manner that affects its operation. If this requirement cannot be met, a special aircraft swing and compass calibration may be made. No person loading magnetized materials may obscure the warning labels.

[Doc. No. 1580, Amdt. 1-1, 28 F.R. 6722, June 29, 1963, as amended by Amdt. 103-2, 31 F.R. 9058, July 1, 1966]

§ 103.33 Transportation of gasoline in Alaska; aircraft operated in other than scheduled passenger-carrying operations.

Any person operating a small aircraft may carry not more than 20 gallons of gasoline (in other than one-quart containers) in aircraft operated entirely within the State of Alaska in other than scheduled passenger-carrying operations subject to the following:

(a) The particular operation must be necessary to meet the needs of the passengers, and air transportation must be the only practical means of transportation.

(b) The gasoline must be packed in airtight and leakproof inside containers of at least 28 gauge metal and of not more than ten gallons capacity each, and

each inside container must be packed in an outside wooden box of at least onehalf inch thickness.

(c) The compartment in which the gasoline is loaded must be ventilated so as to prevent the accumulation of fumes.

(d) Before each flight, the pilot in command must orally inform each passenger of the location of the gasoline, the hazards involved, and prohibit smoking, lighting matches, or carrying any flame or lighted cigar, pipe, or cigarette, and the use of anything that might cause an open flame or spark while loading or unloading or in flight.

[Doc. No. 1580, Amdt. 1–1, 28 F.R. 6722, June 29, 1963, as amended by Amdt. 103-1, 30 F.R. 14250, Nov. 13, 1965]

States except parachute jumps necessary because of an inflight emergency.

(b) For the purposes of this part, a "parachute jump" means the descent of a person, to the surface from an aircraft in flight, when he intends to use, or uses, a parachute during all or part of that descent.

Subpart B-Operating Rules

§ 105.11 Applicability.

(a) Except as provided in paragraphs (b) and (c) of this section, this subpart prescribes operating rules governing parachute jumps to which this part applies.

(b) This subpart does not apply to a parachute jump necessary to meet an emergency on the surface, when it is made at the direction, or with the approval, of an agency of the United States, or of a State, Puerto Rico, the District of Columbia, or a possession of the United States, or of a political subdivision of any of them.

No person may make a parachute jump, and no pilot in command of an aircraft may allow a parachute jump to be made from that aircraft, if that jump creates a hazard to air traffic or to persons or property on the surface. § 105.14

Radio equipment and use requirements.

(a) Except when otherwise authorized by ATC

(1) No person may make a parachute jump, and no pilot in command of an aircraft may allow a parachute jump to be made from that aircraft, in or into controlled airspace unless, during that flight

(i) The aircraft is equipped with a functioning two-way radio communicatins system appropriate to the ATC facilities to be used;