AC 121-40

Advisory circular · 14 CFR Part 121 and Part 135 Dangerous Goods Transportation Operations

Approved
December 13, 2017
Last reviewed
September 29, 2023
Family
AC 121-40 · 1 version
14 CFR parts
121, 135

Guidance, not mandatory unless a rule or AD requires it. DRS record last changed September 1, 2026.

Show pages 5–16

3-13 acting on behalf of the certificate holder) who need it to perform their duties. Include in this process measures to ensure version control.

• Identify the title or job description of the person responsible for distribution and version control of the documents; and

• Document the current version in a master library and shop/office libraries located in the facility.

3.6.7.4 Manual Management.

Describe a procedure to ensure that only authorized dangerous goods documents are available:

• Identify who will be responsible, by title or job description, for ensuring the FAA is informed and provided the revised manual;

• Define the process to ensure that dangerous goods documents of external origin are identified and controlled;

• Describe procedures to prevent the use of obsolete dangerous goods documents; and

• Indicate the procedures needed to address system security to prevent inadvertent changes to the software manual.

3.7 Manual for Certificate Holders Authorized to Transport Passengers and Their Baggage

3.7.1 Passenger and Baggage Provisions.

In addition to the content described in sections 3.3, 3.4, 3.5, and 3.6, of this chapter, the manual of a certificate holder authorized to transport passengers and their baggage in its OpSpec is required to contain procedures and information to ensure that:

• Dangerous Goods Passenger Notification System is implemented, at a minimum, in compliance with § 175.25 of the HMR, or the related ICAO Technical Instructions provisions, when applicable;

• Baggage containing dangerous goods are properly accepted, rejected, and handled, at a minimum, in compliance with § 175.10 of the HMR, or the related ICAO Technical Instructions provisions, when applicable; and

• Undeclared dangerous goods in baggage are identified and rejected.

3.7.2 Additional Provisions.

The certificate holder authorized to transport passengers and their baggage is also expected to follow the provisions described in section 3.8 of this chapter, if it is a “Will Not Carry” certificate holder, or section 3.9, if it is a “Will Carry” certificate holder according to Table 1.

3.7.3 Points of Entry.

3-14 Identify each point of entry for baggage into the certificate holder’s transport system.

• Identify locations that are responsible for acceptance of baggage, at a corporate level.

3.7.4 Personnel.

Identify who is responsible for overseeing the acceptance/rejection intake points.

• Identify the management personnel responsible for overseeing acceptance/rejection for each point of baggage acceptance; and

• Identify the responsible worker personnel, including any contractors, subcontractors, or affiliates acting on behalf of the certificate holder.

3.7.5 Passenger Notification.

Identify the process for complying with dangerous goods passenger notification system.

• Describe how passengers are made aware of the types of dangerous goods permitted in transport on an aircraft; and

• Describe acceptable passenger notification methods considering the following five scenarios.

1. Where tickets are issued;

2. Where boarding passes are issued;

3. Where passenger baggage is dropped off;

4. At aircraft boarding areas; and

5. Any other location where passengers are issued boarding passes and/or checked baggage is accepted.

Note: Appendix A of this AC provides information for preventing undeclared dangerous goods, including a guide for implementing a dangerous goods passenger notification system.

3.7.6 Baggage Acceptance Process.

Identify the process for intake of baggage.

• Identify the process for determining dangerous goods compliance at each point of baggage acceptance; and

• Describe the process for providing approval to a passenger for the carriage of baggage containing dangerous goods when certificate holder approval is required by § 175.10 of the HMR, or the related ICAO Technical Instructions provisions, when applicable.

3.7.7 Baggage Handling.

Include special handling requirements that may be necessary for baggage containing dangerous goods.

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3.7.8 Rejecting Baggage.

Describe procedures for rejecting dangerous goods in baggage not conforming to the exceptions of § 175.10 of the HMR, or the related ICAO Technical Instructions provisions, when applicable, or which appear to contain prohibited dangerous goods.

• Describe how the baggage containing forbidden dangerous goods is separated from other baggage continuing in transport;

• Describe what happens to the dangerous goods in baggage once it is rejected;

• Describe when and how the passenger is notified; and

• Specify the process for returning the baggage to the passenger, or other procedure to ensure the dangerous goods in baggage will not be transported by an aircraft.

3.7.9 Discrepancies Reporting.

Identify the process for reporting baggage containing dangerous goods that are damaged or found to be leaking, containing undeclared dangerous goods, or that are otherwise determined to be non-compliant.

• Specify the person, by title or job description, responsible for the report;

• Specify how the report is made (electronic, paper form);

• Describe what happens to the baggage once it is rejected, or detected as containing undeclared dangerous goods;

• Describe how the baggage subject to discrepancy reporting is separated from other baggage continuing in air transport, and

• Specify when and how the passenger is notified.

3.8 Manual for Will Not Carry Certificate Holders

3.8.1 Will Not Carry Definition.

“Will Not Carry” means that the certificate holder is prohibited from transporting dangerous goods in its OpSpec. Based on that, the certificate holder is permitted to transport cargo or COMAT that does not contain dangerous goods, with a general prohibition on transporting dangerous goods aboard the aircraft.

3.8.2 Will Not Carry Provisions.

In addition to the content described in sections 3.3, 3.4, 3.5, and 3.6, of this chapter, the manual of a Will Not Carry certificate holder is expected to contain procedures and information to ensure that:

• Packages containing declared and undeclared dangerous goods are rejected;

• Packages containing dangerous goods are not accepted, handled, stored, packaged, loaded, or carried on board an aircraft; and

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• COMAT containing dangerous goods (i.e., aircraft replacement parts, lithium batteries, chemical oxygen generators, consumable materials or other items regulated by the regulatory requirements for dangerous goods) are properly prepared and offered to other authorized certificate holders for transport.

3.8.3 Additional Provisions.

The Will Not Carry certificate holder authorized to transport passengers and their baggage in its OpSpec is also expected to follow the provisions described in section 3.7 of this chapter according to Table 1.

3.8.4 Corporate Overview.

Include a corporate overview of certificate holder’s operations, especially as it relates to prohibitions on dangerous goods.

• Define the scope of operations for the certificate holder.

1. Refer to other documents, where identified, or identify certificate holder’s routes, if possible;

2. Identify corporate policy on the prohibition for acceptance and transport of dangerous goods; and

3. Identify whether the certificate holder is scheduled or unscheduled.

• Describe the Safety Risk Management structure of the certificate holder.

1. Refer to other documents, where identified, or identify the corporate chain of authority for safety management, include those responsible for budget and workforce decisions;

2. Identify all management personnel, by title or job description, who perform risk acceptance functions within the certificate holder’s system; and

3. Identify whether certificate holder has an operating Safety Management System, and how many years SMS has been operational.

• Describe the corporate structure for special policy, information, and communication, identifying, by title or job description, the management personnel responsible for items such as, but not limited to, the following:

1. Safety Alert for Operators (SAFO);

2. FAA Notices applicable to certificate holders;

3. Information for Operators (InFO);

4. Advisory Circulars;

5. Reporting Procedures; and

6. Emergency Orders.

3.8.5 Certificate Holder’s Process for Rejection of Dangerous Goods.

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3.8.5.1 Points of Entry.

Identify the points of entry for packages into the certificate holder’s transport system.

• Identify each location responsible for “acceptance” of cargo.

3.8.5.2 Personnel.

Identify who is in charge of overseeing the acceptance/rejection intake points.

• For each point of cargo acceptance, identify the management personnel responsible for overseeing acceptance/rejection; and

• Worker personnel, including any contractors, subcontractors or affiliates acting on behalf of the certificate holder.

3.8.5.3 Certificate Holder’s Process.

From points of cargo acceptance, identify the process for intake of cargo and the process for rejecting dangerous goods. If the same process is not used in all acceptance, describe the process. The process should cover at a minimum the following items:

• Identify signage required by the regulatory requirements for dangerous goods;

• Verify there are no indications on documentation that declared dangerous goods are present (e.g., shipping documentation, shipper’s certifications, UN numbers, proper shipping name, limited quantity markings, etc.);

• Observe any packaging bearing dangerous goods markings or labels is rejected;

• Verify packaging does not contain markings or indications of declared dangerous goods or indicate the presence of undeclared dangerous goods; and

• Verify whether there are any special considerations for the package:

1. Verify if the material is excepted from the regulatory requirements for dangerous goods; and

2. Verify if the package contains lithium batteries or equipment containing lithium batteries. If it does, ensure that it is rejected.

3.8.5.4 Rejecting Packages.

Describe the process for rejecting dangerous goods as cargo.

• Identify factors used to determine the presence of a compliant, noncompliant, or hidden shipment of, dangerous goods;

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• Provide the process for separating rejected packages from those that will be transported on an aircraft;

• Identify the person who is responsible for rejected packages;

• Specify the process for returning rejected packages to the shipper/offeror or otherwise disposing of the packages; and

• Describe the process to notify the shipper/offeror that dangerous goods shipments have been rejected.

3.8.6 Special Considerations for COMAT.

Will Not Carry certificate holders are expected to establish a process for preparing COMAT containing dangerous goods and offering those shipments to a certificate holder authorized to carry dangerous goods. At a minimum, the process should:

• Identify the persons responsible for classifying, packaging, labeling, marking, completing the shipping paper, and offering the shipment for transport;

• Identify the person responsible for the oversight of the individuals preparing the COMAT containing dangerous goods for transport;

• Identify the process for evaluating all dangerous goods within the certificate holder’s inventory, including shipments of lithium batteries and chemical oxygen generator;

• Identify where COMAT is prepared for shipping; and

• Describe a procedure to prevent the inadvertent shipment of COMAT containing dangerous goods being offered in the cargo transport system.

3.8.7 Special Consideration for Interlining.

Describe the procedures to ensure that dangerous goods will not be transferred from other certificate holder.

3.8.8 Released Information by the FAA.

Evaluate whether all information in applicable dangerous goods SAFOs and Notices published by the FAA was considered, and where this record is.

3.8.9 Repair Stations Notification Describe the process to notify in writing each repair station under the regulatory requirements for dangerous goods that perform work for, or on the certificate holder’s behalf, regarding certificate holder’s policies and the information about the prohibition to transport dangerous goods, including COMAT, according to the OpSpec as a Will Not Carry certificate holder.

3.8.10 Handling Dangerous Goods.

3.8.10.1 Process.

3-19 Identify the handling process for rejected shipments, including the key points for rejection at the acceptance point, the loading ramp, or storage incidental to transport.

3.8.10.2 Personnel.

Identify the following personnel, duties, and information:

• The person responsible for oversight of the handling functions;

• The person responsible for performing the handling job function;

• The job duties of the persons performing the handling job function;

• The job duties related to moving items from the acceptance point to either storage incidental to transport or the loading dock; and

• The specific rejection requirements used to evaluate packages containing dangerous goods.

3.8.11 Storage Incidental to Transport.

3.8.11.1 Process.

Identify the location where items are placed in the certificate holder’s facility when entering “storage incidental to transport”.

• Specify how rejected items are stored, including segregation or isolation procedures, to keep potentially reactive items separate; and

• Describe how certificate holder tracks rejected items within its facility.

3.8.11.2 Personnel.

Identify the person responsible for this function within the certificate holder’s facility.

3.8.12 Loading.

3.8.12.1 Personnel.

For each loading area, the certificate holder should identify the following:

• Management personnel responsible for overseeing loading; and

• Worker personnel, including any contractors, subcontractors, or affiliates acting on behalf of the certificate holder.

3.8.12.2 Process.

For each loading area, identify the process for preparing the shipments prior to loading and the actual loading onto the aircraft. The process should:

• Identify the responsible managers by loading location;

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• Identify personnel, contractors, subcontractors, and affiliates acting on behalf of the certificate holder performing this function by job description;

• Describe the process of rejecting dangerous goods packages prior to loading onto the aircraft (i.e., use of unit load devices, palletizing shipments, etc.); and

• Describe the roles the ramp personnel have in rejecting dangerous goods, specifying who makes decisions regarding when dangerous goods packages are rejected prior to loading onto the aircraft.

3.8.13 Incident and Discrepancy Reporting.

Identify the process for reporting packages determined to contain dangerous goods (declared or undeclared).

• Specify the person, by title or job description, responsible for the report;

• Specify how the report is made (electronic, paper form);

• Describe how the package is separated from other packages continuing in air transport;

• Describe what happens to the package once it is rejected;

• Specify when and how the shipper/offeror is notified; and

• Describe any follow-up actions taken with the shipper or analysis of reports.

3.9 Manual for Will Carry Certificate Holders.

3.9.1 Will Carry Definition.

“Will Carry” means that the certificate holder has authorization to transport dangerous goods in its OpSpec. Based on that, the certificate holder is permitted to transport cargo or COMAT containing dangerous goods aboard the aircraft.

3.9.2 Will Carry Provisions.

In addition to the content described in sections 3.3, 3.4, 3.5, and 3.6, of this chapter, the manual of a Will Carry certificate holder is expected to contain procedures and information to ensure:

• Packages containing dangerous goods are properly offered and accepted in compliance with the regulatory requirements for dangerous goods;

• Packages containing dangerous goods are properly handled, stored, packaged, loaded, or carried on board an aircraft in compliance with the regulatory requirements for dangerous goods; and

• COMAT containing dangerous goods (i.e., aircraft replacement parts, lithium batteries, chemical oxygen generators, consumable materials, or other items

3-21 regulated by the regulatory requirements for dangerous goods) are properly handled, packaged, and transported.

3.9.3 Additional Provisions.

The Will Carry certificate holder authorized to transport passengers and their baggage in its OpSpec is also expected to follow the provisions described on section 3.7 of this chapter in accordance with Table 1.

3.9.4 Corporate Overview.

Include a corporate overview of certificate holder’s operations, especially as it relates to dangerous goods transport and any limitations.

• Define the scope of operations for the certificate holder;

1. Refer to other documents, where identified, or identify certificate holder’s routes, if possible;

2. Identify the locations where the certificate holder accepts dangerous goods, if limited;

3. Identify types of dangerous goods transported, if limited; and

4. Identify whether the certificate holder is scheduled or unscheduled.

• Describe the Safety Risk Management structure of the certificate holder.

1. Refer to other documents, where identified, or identify the corporate chain of authority for safety management, include those responsible for budget and workforce decisions;

2. Identify all management personnel, by title or job description, who perform risk acceptance functions within the certificate holder’s system; and

3. Identify whether certificate holder has an operating Safety Management System, and how many years SMS has been operational.

• Describe the corporate structure for special policy, information, and communication identifying, by title or job description, the management personnel responsible for items such as, but not limited to, the following:

1. Safety Alert for Operators (SAFO);

2. FAA Notices applicable to Certificate Holders;

3. Information for Operators (InFO);

4. Advisory Circulars;

5. Reporting Procedures; and

6. Emergency Orders.

3.9.5 Certificate Holder’s Process for Acceptance/Rejection.

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3.9.5.1 Points of Entry.

Identify the points of entry for packages into the certificate holder’s transport system.

• Identify each location responsible for acceptance of cargo.

3.9.5.2 Personnel.

Identify who is in charge of overseeing the acceptance/rejection intake points.

• For each point of cargo acceptance, identify the management personnel responsible for overseeing acceptance/rejection; and

• Worker personnel, including any contractors, subcontractors or affiliates acting on behalf of the certificate holder.

3.9.5.3 Certificate Holder’s Process.

From the point of cargo acceptance, identify the process for intake of cargo, and the process for determining dangerous goods compliance and identification. The process should cover at a minimum the following items:

3.9.5.3.1 Signage.

Identify signage required by the regulatory requirements for dangerous goods.

3.9.5.3.2 Documentation.

Verify the material’s shipping documentation and shipper’s certification are consistent with the hazard communications on the packaging (e.g., marking and labeling).

3.9.5.3.3 Marking/Labeling.

Verify packaging is marked and labeled appropriately for the material identified on the shipping paper.

3.9.5.3.4 Packaging.

Verify packaging is authorized, is not damaged, appears appropriate for the quantity of material shipped, and is not leaking.

3.9.5.3.5 Quantity.

Ensure that the total quantity indicated on the shipping documentation is within the quantity limitations authorized by the regulatory requirements for dangerous goods.

3.9.5.3.6 Special Considerations.

Verify if there are any special considerations for the package:

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• Verify if the material is authorized for transport on passenger aircraft, or is required to be transported on cargo aircraft only;

• Verify if there are special labeling requirements for cargo-aircraft only shipments;

• Determine if the material is offered under a Special Permit (SP) or Competent Authority (CA) approval;

1. If yes, review the terms of the SP or CA, and ensure that the package is offered consistent with those terms; and

2. Verify that the certificate holder has been granted the authorization to transport the shipment.

• Determine if the material is a chemical oxygen generator or contains lithium batteries. If it does, ensure it is offered consistent with the regulations; and

• Consider any readily available information to determine compliance.

3.9.5.4 Non-compliant Packages.

Describe the process for rejecting dangerous goods as cargo deemed to be non-compliant with the regulatory requirements for dangerous goods.

• Identify factors used to determine the presence of a non-compliant or hidden shipment of dangerous goods;

• Specify procedures if the non-compliant package is discovered after acceptance;

• Provide the process for separating non-compliant packages from those that will be transported on an aircraft;

• Identify the person who is notified of a non-compliant package;

• Specify the process for returning non-compliant packages to the shipper/offeror or otherwise disposing of the packages; and

• Describe the process to notify the shipper/offeror that dangerous goods shipments have been rejected.

3.9.6 Special Considerations for COMAT.

Will Carry certificate holders are expected to establish a process for preparing and handling COMAT containing dangerous goods for shipment on board its aircraft. At a minimum, the process should:

• Identify the persons responsible for classifying, packaging, labeling, marking, completing the shipping paper, and offering the shipment for transport;

• Identify the person responsible for the oversight of the individuals preparing the COMAT containing dangerous goods for transport;

• Identify where COMAT is prepared;

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• Describe how COMAT enters the transportation system; and

• Identify who verifies whether COMAT is prepared correctly.

3.9.7 Special Considerations for Interlining.

Describe the procedures to ensure that dangerous goods transferred from other certificate holder are in compliance with the permeation on OpSpec.

3.9.8 Repair Stations Notification Describe the process to notify in writing each repair station under the regulatory requirements for dangerous goods that perform work for, or on the certificate holder’s behalf, regarding certificate holder’s policies and the information about the permission to transport dangerous goods, according to the OpSpec as a Will Carry certificate holder.

3.9.9 Special Consideration for Lithium Batteries.

• Verify whether the Safety Risk Analysis has been completed;

1. Describe the process used for conducting the analysis;

2. Indicate if the analysis shows that lithium batteries can be safely transported;

3. If an analysis has not been completed, describe the process for rejecting lithium batteries.

• Identify process for determining the type of lithium battery being offered for transportation;

• Describe how the batteries that are forbidden on passenger aircraft are handled;

• Describe the mitigation measures applied during transport (such as ULD with fire suppression system, protective cover, etc.);

• Identify any other dangerous goods are loaded with lithium batteries; and

• Indicate whether lithium batteries are consolidated in a single location on the aircraft.

3.9.10 Special Consideration for Chemical Oxygen Generators.

Describe the process for shipping chemical oxygen generators, and how they are loaded into the aircraft.

3.9.11 Cargo Aircraft Only Package.

Describe the procedure to prevent the inadvertent shipment of items forbidden for transport on passenger aircraft.

3.9.12 Released Information by the FAA.

Evaluate whether all information in the applicable dangerous goods SAFOs and Notices published by the FAA was considered, and where this record is.