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49 CFR Ch. I (10–1–18 Edition)
§ 175.9
of this subchapter if it contains no ma-
terial meeting the definition of a haz-
ardous material (e.g., Division 2.2).
[71 FR 14604, Mar. 22, 2006, as amended at 72
FR 55693, Oct. 1, 2007; 76 FR 3381, Jan. 19, 2011;
78 FR 1092, Jan. 7, 2013; 79 FR 46039, Aug. 6,
2014; 81 FR 35543, June 2, 2016]
§ 175.9
Special aircraft operations.
(a) This subchapter applies to rotor-
craft external load operations trans-
porting hazardous material on board,
attached to, or suspended from an air-
craft. Operators must have all applica-
ble requirements prescribed in 14 CFR
part 133 approved by the FAA Adminis-
trator prior to accepting or trans-
porting hazardous material. In addi-
tion, rotorcraft external load oper-
ations must be approved by the Asso-
ciate Administrator prior to the initi-
ation of such operations.
(b)
Exceptions.
This subchapter does
not apply to the following materials
used for special aircraft operations
when applicable FAA operator require-
ments have been met, including train-
ing operator personnel on the proper
handling and stowage of the hazardous
materials carried:
(1) Hazardous materials loaded and
carried in hoppers or tanks of aircraft
certificated for use in aerial seeding,
dusting spraying, fertilizing, crop im-
provement, or pest control, to be dis-
pensed during such an operation.
(2) Parachute activation devices,
lighting equipment, oxygen cylinders,
flotation devices, smoke grenades,
flares, or similar devices carried during
a parachute operation.
(3) Smoke grenades, flares, and pyro-
technic devices affixed to aircraft dur-
ing any flight conducted as part of a
scheduled air show or exhibition of
aeronautical skill. The aircraft may
not carry any persons other than re-
quired flight crewmembers. The affixed
installation accommodating the smoke
grenades, flares, or pyrotechnic devices
on the aircraft must be approved for its
intended use by the FAA Flight Stand-
ards District Office having responsi-
bility for that aircraft.
(4) [Reserved]
(5) A transport incubator unit nec-
essary to protect life or an organ pres-
ervation unit necessary to protect
human organs, carried in the aircraft
cabin, provided:
(i) The compressed gas used to oper-
ate the unit is in an authorized DOT
specification cylinder and is marked,
labeled, filled, and maintained as pre-
scribed by this subchapter;
(ii) Each battery used is of the non-
spillable type;
(iii) The unit is constructed so that
valves, fittings, and gauges are pro-
tected from damage;
(iv) The pilot-in-command is advised
when the unit is on board, and when it
is intended for use;
(v) The unit is accompanied by a per-
son qualified to operate it;
(vi) The unit is secured in the air-
craft in a manner that does not restrict
access to or use of any required emer-
gency or regular exit or of the aisle in
the passenger compartment; and,
(vii) Smoking within 3 m (10 feet) of
the unit is prohibited.
(6) Hazardous materials that are
loaded and carried on or in cargo only
aircraft, and that are to be dispensed
or expended during flight for weather
control, environmental restoration or
protection, forest preservation and pro-
tection, firefighting and prevention,
flood control, avalanche control, land-
slide clearance, or ice jam control pur-
poses, when the following requirements
are met:
(i) Operations may not be conducted
over densely populated areas, in a con-
gested airway, or near any airport
where carrier passenger operations are
conducted.
(ii) Each operator must prepare and
keep current a manual containing
operational guidelines and handling
procedures, for the use and guidance of
flight, maintenance, and ground per-
sonnel concerned in the dispensing or
expending of hazardous materials. The
manual must be approved by the FAA
Principal Operations Inspector as-
signed to the operator.
(iii) No person other than a required
flight crewmember, FAA inspector, or
person necessary for handling or dis-
pensing the hazardous material may be
carried on the aircraft.
(iv) The operator of the aircraft must
have advance permission from the
owner of any airport to be used for the
dispensing or expending operation.
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