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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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