TRANSPORTATION OF EXPLOSIVES AND OTHER DANGEROUS ARTICLES PACKING, MARKING, LABELING AND SHIPPERS' CERTIFICATION REQUIREMENTS

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP59-00882R000100040057-2
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 2
• Document Creation Date: December 12, 2016
• Document Release Date: December 14, 2001
• Sequence Number: 57
• Publication Date: January 7, 1955
• Content Type: REGULATION

Approved For Release 2002/01/02 : CIA-RDP59-00882R000100040057-2
UNITED STATES OF AMERICA
CIVIL AERONAUTICS BOARD
WASHINGTON, D. C.
Civil Air Regulations Amendment 49-2
Effective: anuary 7, 1955
Adopted: December 27, 1954
TRANSPORTATION OF EXPLOSIVES AND OTHER DANGEROUS ARTICLES
PACKING, MARKING, LABFZINO, AND BH1?r RS'
CERTIFICATION REQ1UIRKMENTS
There have been filed with the Board in accordance with 9 412 of the Civil Aeronautics Act
of 1936, as amended, certain :,esolutions of the International Air Transport Association (IATA)
whereby the member carriers -?rll trans=port restricted articles in. air transportation. These
resolutions include certain regulations entitled "IATA Regulations Relating to the Carriage of
Restricted Articles." Implementation of these agreements requires both approval by the Board
of the basic: IATA resolutions and an amendment to Part 49 of the Civil Air Regulations relating
to the transportation of explosives and other dangerous articles.
The carriers which are members of IATA operate in 42 different countries at the pvsent
time. For that reason alope,_transportation of restricted articles would be greatly faciiitated
should the Board approve the agreements, since a majority of the countries involved have ac-
cepted these IATA resolutions substantially without change. Additionally, a significant in-
crease in safety in international air transportation will result from the uniformity of stand-
ards with respect to the classification of materials and t.`neir packaging.
A comparison of the proposed IATA requirements with the provisions of Part 49 indicates
that they comply with Part 49 with the exception of the labeling and shippers' certification
requirement:,. Part 49 presently requires the display of an appropriate Interstate Commerce
Commission (ICC) label on all explosives and restricted articles transported by air. Each such
package ir, iecuired by Part 49 to be conspicuously labeled by the shipper, and labels must con-
form to prescribed ICC standards as to size, shape, printing, and color. No label of any other
sort may be used which might be readily confused with any specified ICC label.
Although each proposed IATA label does not differ in size, shape, or color from the counter-
part ICC label, the following differences in printing and certification do exist:
(a) The IATA label shows a pictorial display (symbol) depicting the classification
of the material as corrosive liquid; flammable (liquid or compressed gas); poison,(poison, poison
gas or tear gas); flammable solid or oxidizing material; non-flammable compressed gas; explosive;
radioactive ,material Croup I or II; or radioactive material Group III. In addition it displays
the name of the classification of the material and other printing, which is completely consistent
with the cautionary instructions for safe handling contained on the corresponding ICC label.
(b) The IATA label does not contain a shippers' certification similar to that con-
ta.ir.ed on the ICC label. The IATA shippers' certification, however, meets the ICC requirements
as referred to in Part 49 except that, in lieu of being contained in the label, it is made by a
separate t statement (in duplicate) signed by the shipper or agent authorized by the shipper.
One -sine3 Copy of the statement is retained by the air carrier origginally accepting the ship-
ment and thy: other signed copy accompanies the consignment en route.
The use of the pictorial (symbolic) IATA label in lieu of the ICC label has been discussed
with respresentatives of the ICC and the Bureau for the Safe Transportation of Explosives and
other Dangerous Articles (Bureau of Explosives). As a result of these discussions, it appears
that no objection would be raised against the use of the IATA label, a factor which is important
since surface transportation is needed to move such materials to and from airports.
The differences existing in the two methods of handling the shippers' certification have
been carefully examined; and the discussions held with ICC and the Bureau of Explosives repre-
sentatives indicated that there would be no objection to a shippers' certification made in ac-
cordance with the IATA requirements. From a practical viewpoint the present U. S. method would,
in some instances where the package was mutilated or destroyed, prevent a determination as to
whether or not the package had been so certified. The IATA method ensures the ability to make
such a determination.
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COMM- DC-l0625
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Concurrently with the adoption of this amendment to Part 49, the Board is approving the
IATA resolutions relating to the carriage of restricted articles. Subsequent amendments to
these IATA resolutions must be submitted to the Board in accordance with N 412 of the Act, and
will be subject to consideration on their merits at that time.
This amendment to Part 49 pertains only to the form of certification and labeling of re-
stricted articles and does not authorize the carriage of such articles on any other terms or
in any greater quantities than now authorized by Part 49. Accordingly the amendmert is only
minor in nature, and notice and public procedure hereon are unnecessary. Since no additional
burden is imposed on any person, the amendment may be made effective on less than 30 days'
notice.
In consideration of the foregoing, the Board hereby amends Part 49 of the Civil Air Regu-
lations (14 CFR Part 49, as amended) as follows, effective January 7, 1955.
1. By amending ? 49.1 (a) (12) to read as follows:
49.1 Definitions.
(a) * *
(12) Labeling. Labeling is the display on the container of an appropriate
label specified for the particular class of articles either by the ICC regulations or by the
rules of this part.
2. By amending ? 49.3 to read as follows:
49.3 Packing, marking, labeling, and shippers' certification requirements.
(a) Unless otherwise specifically provided in this part, explosives and other
dangerous articles shall be packed and marked in accordance with such requirements prescribed
in Parts 72 and 73 of the ICC regulations as are applicable to rail express, including any in-,
structions that are necessary for safe handling. Liquids shall be packed only in containers
which are securely closed, sufficient in strength to prevent any leakage or distortion of the
containers caused by change in temperature or altitude during transit, and so filled as to
provide adequate outage. All explosives or dangerous articles shall be conspicuously labeled
by the shipper even though they may be exempted from ICC labeling requirements by virtue of
ICC quantity and packing limitations.
(b) No shipper shall offer and no air carrier or other operator of aircraft shall
knowingly accept explosives or dangerous articles for carriage by air unless the shipper or
his authorized agent has certified that the shipment complies with the requirements of this
part. No shipment shall be accepted for transportation by passenger-carrying aircraft unless
the package is accompanied by or shows a clear and plainly visible statement that it is within
the limitations prescribed for passenger operations. Any operator of aircraft may rely on such
a certificate as pri a facie evidence that the shipment so certified complies with the require-
ments of this part./
(c) Explosives or other dangerous articles acceptable under the provisions of this
part for transportation in air commerce shall bear the appropriate ICC label, or a label which
is a true copy of a label portrayed in IATA Traffic Conference Resolution 608 (as amended) as
approved by the Board under 9 412 of the Civil Aeronautics Act of 1938, as amended, on Decem-
ber 27, 1954. When the label used does not bear the shippers' certification, such certifica-
tion shall be made in duplicate and signed by the shipper or authorized agent for each consign-
ment. One signed copy shall accompany the shipment and the other signed copy shall be retained
by the originating carrier. The carrier may also require the shipper to have the shipper's
statement certified by an authority approved by the carrier.
3. By deleting Footnote 4 to ? 49.3 (a), by renumbering Footnote 5 to ? 49.3 (b) as Foot-
note 4, and by deleting the phrase "on a shipping label" from the first line thereof.
(Sec. 205 (a), 52 Stat. 984; 49 U.S.C. 425. Interpret or apply 19 601, 902 (h), 52 Stat. 1007,
1015, as amended; 49 U.S.C. 551, 622)
(SEAL)
/s/ M. C. Mulligan
M. C. Mulligan
Secretary
prove or Release 2002/01/02: CIA-RDP59-008821 000100040057-2