{"operation":"document","citation":"71 FR 14586","title":"Hazardous Materials: Revision of Requirements for Carriage by Aircraft","source_type":"rulemaking","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2006-03-22","effective_on":"2006-10-01","summary":"This final rule amends the requirements in the Hazardous Materials Regulations (HMR) for the transportation of hazardous materials by aircraft. This final rule clarifies the applicability of part 175; clarifies the exceptions from regulation for operator equipment and supplies, special aircraft operations, and passengers and crewmembers; revises separation distances for the shipment of radioactive materials by cargo aircraft; and updates the regulations to comply with security requirements for explosive special permits. These changes are being made to finalize outstanding petitions for rulemaking, convert certain special permits into regulations, and promote international harmonization, where appropriate.","machine_formats":{"json":"https://regulus.evalyn.ai/document/federal-register-06-2596.json","markdown":"https://regulus.evalyn.ai/document/federal-register-06-2596.md"},"app_url":"https://regulus.evalyn.ai/document/federal-register-06-2596","source_url":"https://www.federalregister.gov/documents/2006/03/22/06-2596/hazardous-materials-revision-of-requirements-for-carriage-by-aircraft","body":"Federal Register, Volume 71 Issue 55 (Wednesday, March 22, 2006) [Federal Register Volume 71, Number 55 (Wednesday, March 22, 2006)] [Rules and Regulations] [Pages 14586-14615] From the Federal Register Online via the Government Publishing Office [ www.gpo.gov ] [FR Doc No: 06-2596] [[Page 14585]] ----------------------------------------------------------------------- Part II Department of Transportation ----------------------------------------------------------------------- Pipeline and Hazardous Materials Safety Administration ----------------------------------------------------------------------- 49 CFR Parts 171, 172, 173, and 175 Hazardous Materials: Revision of Requirements for Carriage by Aircraft; Final Rule Federal Register / Vol. 71, No. 55 / Wednesday, March 22, 2006 / Rules and Regulations [[Page 14586]] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Pipeline and Hazardous Materials Safety Administration 49 CFR Parts 171, 172, 173 and 175 [Docket No. RSPA-02-11654 (HM-228)] RIN 2137-AD18 Hazardous Materials: Revision of Requirements for Carriage by Aircraft AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA), DOT. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: This final rule amends the requirements in the Hazardous Materials Regulations (HMR) for the transportation of hazardous materials by aircraft. This final rule clarifies the applicability of part 175; clarifies the exceptions from regulation for operator equipment and supplies, special aircraft operations, and passengers and crewmembers; revises separation distances for the shipment of radioactive materials by cargo aircraft; and updates the regulations to comply with security requirements for explosive special permits. These changes are being made to finalize outstanding petitions for rulemaking, convert certain special permits into regulations, and promote international harmonization, where appropriate. DATES: The effective date of these amendments is October 1, 2006. Voluntary compliance is authorized April 21, 2006. FOR FURTHER INFORMATION CONTACT: Deborah Boothe, Office of Hazardous Materials Standards, (202) 366-8553, Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation, 400 Seventh Street SW., Washington, DC 20590. SUPPLEMENTARY INFORMATION: Table of Contents I. Background II. Section-by-Section Review A. Sections 175.1 and 175.5 Purpose, Scope and Applicability B. Section 175.3 Unacceptable Hazardous Materials Shipments C. Section 175.10 Exceptions D. Section 175.20 Training E. Sections 175.25 and 175.26 Notification at Air Passenger and Cargo Facilities of Hazardous Materials Restrictions F. Section 175.30 Accepting and Inspecting Shipments G. Section 175.31 Reports of Discrepancies H. Sections 175.33 and 175.35 Shipping Papers and Notification of Pilot-in-Command I. Section 175.40 Keeping and Replacement of Labels J. Sections 175.75 and 175.85 Quantity Limitations and Cargo Location K. Section 175.78 Stowage Compatibility of Cargo L. Sections 175.79, 175.81, and 175.88 Inspection, Orientation and Securing of Packages of Hazardous Materials M. Section 175.90 Damaged Shipments N. Section 175.305 Self-Propelled Vehicles O. Sections 175.310 and 175.320 Transportation of Flammable Liquid Fuel Within Alaska or Into Other Remote Locations and Cargo Aircraft, Only Means of Transportation P. Section 175.501 Special Requirements for Oxidizers and Compressed Oxygen Q. Section 175.630 Special Requirements for Division 6.1 and Division 6.2 Material R. Sections 175.700, 175.701, 175.702, 175.703, 175.704, 175.705 and 175.706 Transportation of Radioactive Materials Aboard Aircraft III. Miscellaneous Proposals to the HMR A. Quantity Limits in Column (9) of the Hazardous Materials Table (HMT) B. Tire Assemblies C. Small Quantities, Limited Quantities, and Consumer Commodities D. Section 173.7 E. Section 173.217 F. Section 173.220 IV. Rulemaking Analysis and Notices A. Statutory/Legal Authority for This Rulemaking B. Executive Order 12866 and DOT Regulatory Policies and Procedures C. Executive Order 13132 D. Executive Order 13175 E. Regulatory Flexibility Act, Executive Order 13272, and DOT Procedures and Policies F. Unfunded Mandates Reform Act of 1995 G. Paperwork Reduction Act H. Regulation Identifier Number (RIN) I. Environmental Assessment J. Privacy Act I. Background The Hazardous Materials Regulations (HMR; 49 CFR parts 171-180) govern the transportation of hazardous materials in commerce by all modes of transportation, including aircraft. Parts 172 and 173 of the HMR include requirements for classification and packaging of hazardous materials, hazard communication, and training of employees who perform functions subject to the requirements in the HMR. Part 175 contains requirements applicable to all aircraft operators transporting hazardous materials by air, and outlines exceptions allowing passengers and crew members to carry hazardous materials aboard aircraft under certain conditions. In addition, aircraft operators must comply with the FAA hazardous materials training requirements in 14 CFR parts 121 or 135, as appropriate. In this final rule, the Pipeline and Hazardous Materials Safety Administration (PHMSA), with the concurrence of the Federal Aviation Administration (FAA), is adopting amendments to part 175 and other sections of the HMR applicable to the transportation of hazardous materials by aircraft. These amendments will: (1) Modify or clarify requirements to promote compliance and enforcement; (2) Enhance the security of transportation of explosives by aircraft; and (3) Facilitate international commerce. On February 26, 2002, the Research and Special Programs Administration (RSPA)--the predecessor agency to PHMSA--published an advance notice of proposed rulemaking (ANPRM; 67 FR 8769) inviting public comments on how to improve the clarity of the HMR requirements for transporting hazardous materials by aircraft. We received 26 comments in response to the ANPRM. On November 10, 2004, RSPA published a notice of proposed rulemaking (NPRM; 69 FR 76044) proposing specific changes to the HMR sections applicable to the transportation of hazardous materials by aircraft. On January 21, 2005, (70 FR 3179) in response to requests from interested parties, we extended the comment period on the NPRM until March 18, 2005. We received 24 comments addressing issues raised by the NPRM from the following: Air Line Pilots Association, International (ALPA); United Parcel Service, Inc. (UPS); Air Transport Association (ATA); FedEx Express; trade associations such as the International Association of Airport Duty Free Stores; individual air carriers; and others involved in the transportation of hazardous materials by aircraft. Most commenters were supportive of PHMSA(s efforts to revise part 175 in order to clarify certain requirements and make the part more user- friendly. In this final rule, we are adopting most changes proposed in the NPRM. Relevant portions of the comments are discussed in the following sections of the preamble. II. Section-by-Section Review A. Sections 175.1 and 175.5 Purpose, Scope and Applicability Part 175 of the HMR prescribes requirements for all aircraft operators transporting hazardous materials in commerce in the United States. The requirements in part 175 are in addition to requirements contained in parts 171, 172, and 173 (see Sec. 175.1). Part 175 applies to the acceptance for [[Page 14587]] transportation, loading, and transportation of hazardous materials in any aircraft within the United States and aircraft of United States registry anywhere in air commerce (see Sec. 175.5). Part 175 includes exceptions from the requirements of the HMR for those aircraft under the direct, exclusive control of a government and not used for commercial purposes (see Sec. 175.5). In this final rule, we are modifying Sec. 175.1 to indicate part 175 applies to any person who performs, attempts to perform, or is required to perform a function subject to the HMR, including: (1) Air carriers, indirect air carriers, and freight forwarders and their flight and non-flight employees, agents, subsidiary and contract personnel (including cargo, passenger and baggage acceptance, handling, loading and unloading personnel); and (2) Air passengers that carry any hazardous material on their person or in their carry-on or checked baggage. In its comments, the Council on Radionuclides and Radiopharmaceuticals, Inc. (CORAR) requests clarification of the applicability of part 175 to multi-modal ground carriers and their shippers who offer or transport packages by ground before or after transport by air. If part 175 applies to these entities, CORAR suggests this will subject a significant number of persons within the network of distribution of radiopharmaceuticals to these regulations (e.g. reporting deficiencies and training). CORAR also suggests PHMSA should provide additional time before the effective date of the final rule for the total impact to be assessed and for necessary actions such as training or implementation. Part 175 currently applies to all persons who accept and prepare shipments for air transportation, including persons who accept packages for air transportation. Ground handling crews, contracted employees, and air freight forwarders that accept packages for air transportation are subject to part 175. As are subsidiary companies formed by aircraft operators to build pallets and handle, load, and unload hazardous materials in air transportation. In this final rule, we are clarifying the applicability of the HMR to air shipments. All functions performed to prepare hazardous materials shipments for air transportation must be performed by a hazmat employee trained in accordance with the HMR, just as was required prior to this rulemaking. We do not feel more time is necessary to allow training to be conducted for hazmat employees currently covered under part 175. ATA indicates that the proposed applicability statement in Sec. 175.1 is too broad and should be further defined to clarify its non- applicability to employees whose functions are unconnected to air commerce, such as ground delivery personnel of a cargo air carrier who are subject to part 177. ATA suggests adding ``who are engaged in air operations'' to Sec. 175.1(b)(1) to clarify its applicability. We disagree. In a final rule published on July 28, 2005 (HM-223A (70 FR 43638)), we defined a ``person who offers or offeror'' to mean any person who performs or is responsible for performing any pre- transportation function required by the HMR or who tenders or makes the hazardous material available to a carrier for transportation in commerce. As we said in HM-223A, a carrier is not an offeror when it performs a function as a condition of accepting a hazardous material for transportation in commerce or when it transfers a hazardous material to another carrier for continued transportation without performing a pre-transportation function. We also clarified there may be more than one offeror of a hazardous material or more than one party regulated by the HMR concerning a shipment and each offeror or such party is responsible only for the specific pre-transportation function it performs or is required to perform. In addition, we clarified each offeror or carrier may rely on information provided by a previous offeror or carrier unless the offeror or carrier knows or a responsible person acting in the circumstances and exercising responsible care, would have knowledge indicating the information provided is incorrect. Currently, some packaging, shipping, and freight forwarding facilities accepting hazardous materials for air transportation appear to believe they are not subject to the requirements in part 175 because they are not air carriers. However, the HMR require each person who offers, accepts, or transports packages by air to comply with all applicable regulatory requirements. Though an air carrier is responsible for compliance with the applicable requirements in part 175, packaging, shipping, and freight forwarding facilities are also subject to the requirements in part 175 when accepting hazardous materials for air transportation. Therefore, in this final rule we are adopting the proposed provisions to clarify the requirements of the HMR applicable to the transportation of hazardous materials aboard aircraft apply to those persons who offer, accept, or transport hazardous materials in commerce by aircraft to, from, or within the United States. We are relocating Sec. 175.5(a)(1) to Sec. 175.1(b), relocating Sec. 175.5(a)(2) to Sec. 173.7(f), and eliminating Sec. 175.5(a)(3). In addition, we are modifying Sec. 175.1 to clarify part 175 applies to any person who performs, attempts to perform, or is required to perform any function subject to this subchapter, including-- (1) Air carriers, indirect air carriers, and freight forwarders and their flight and non-fight employees, agents, subsidiary and contract personnel (including cargo, passenger and baggage acceptance, handling, loading and unloading personnel); and (2) Air passengers that carry any hazardous material on their person or in their carry-on or checked baggage are not exempted from the HMR in accordance with Sec. 175.10(a). On February 28, 2003 RSPA clarified the applicability of the HMR to airline passengers (see Notice No. 03-2; 68 FR 9735). B. Section 175.3 Unacceptable Hazardous Materials Shipments No amendments were proposed or adopted for this section and no comments were received. C. Section 175.10 Exceptions Section 175.10(a)(2) excepts certain hazardous materials required to be aboard an aircraft in accordance with applicable airworthiness requirements and operating instructions from the HMR. However, items of replacement for such materials and other company materials (COMAT) of an airline that are hazardous materials must be properly classed, described, marked, labeled, packaged, handled, stored, and secured in accordance with the HMR. These requirements are discussed in an advisory notice on COMAT published on December 13, 1996 (61 FR 65479). In Sec. 175.10(a)(2) the HMR provide the following limited exceptions for COMAT: (1) Items of replacement for installed equipment containing hazardous materials are subject to all relevant provisions of the HMR and are only excepted from the packaging requirements of the HMR if they are contained in specialized packaging providing at least an equivalent level of protection to that of the required packaging; (2) Aircraft batteries are excepted from the quantity limitations in Sec. Sec. 172.101 and 175.75(a); and (3) An aircraft tire assembly is not subject to the HMR if it is not inflated [[Page 14588]] to a gauge pressure exceeding the maximum rated pressure for the tire. Other hazardous materials such as paint, chemicals for corrosion removal, automotive batteries, wastes, and engine-powered ground equipment containing fuels do not qualify for this limited relief. Section 175.10 also identifies other hazardous materials which are excepted from the HMR. The materials include: (1) certain personal items of passengers or crew members, such as toiletries, alcoholic beverages, and medicinal items; and (2) certain hazardous materials for special aircraft operations, such as avalanche control flights, aerial applications, and sport parachute jumping. We are reorganizing current exceptions in Sec. 175.10 into three different sections: (1) Sec. 175.8 covering operator equipment and items of replacement (including COMAT); (2) Sec. 175.9 covering special aircraft operations (crop-dusting, parachuting, etc.); and (3) Sec. 175.10 covering exceptions for passengers, crewmembers, and air operators. In addition, Sec. 175.8 clarifies the exceptions for aircraft spares (COMAT) is applicable only to an operator transporting its own equipment. Most commenters agree with the proposal to reorganize this section into three separate sections focused on COMAT, emergency response, and passenger related areas, respectively. Some commenters express concern to the exceptions for quantity limits on small arms ammunition, COMAT, batteries in wheelchairs, self-heating hair curlers, and self-defense spray. In addition, commenters requested clarification of the difference between carry-on vs. checked baggage. The comments submitted on those issues and our responses are discussed below. 1. Quantity Limits on Small Arms Ammunition The NPRM proposed to limit the amount of small arms ammunition allowed in checked baggage to 5 kg per person. Alaska Airlines, Alaska Air Carriers Association (AACA), and Customs and Border Protection, Port of Portland express concern regarding the quantity limits and clarification on ``other packagings'' authorized to carry small arms ammunition. Alaska Airlines and AACA state limiting the amount of small arms ammunition would result in serious economic harm to the tourist industry or hunters who travel to remote areas of the Alaska wilderness to hunt and fish, as well as those persons who live in remote areas who need small arms ammunition for their personal use. They do not support the proposed quantity limits on small arms ammunition. AACA suggests limiting it to 30 kg, a limit consistent with ORM-D packaging. AACA states, ``Many rural Alaskan residents rely on subsistence hunting as part of their lifestyle and to support their diet. They are regular consumers of small arms ammunition but Alaskan villages may typically have only one or two small retail stores with limited amounts of ammunition, and some villages do not have any regular options for purchase of small arms ammunition.'' AACA further states, ``Alaska's tourism industry also relies on air transportation of hunters to remote wilderness areas where there are no options for re-supply of ammunition. Recreational hunters often travel to remote locations for extended trips lasting from 7 to 21 days or more. Such hunters typically carry more than one kind of weapon and their combined ammunition for all weapon types can easily exceed the 5 kg limit.'' Alaska Airlines requests a blanket exemption for carrying these products and states, ``For Alaska to support the proposed rule as written, we must know we will be able to get a blanket exemption permitting our passengers at any of our United States locations to check in baggage the 50 pounds per person they have been doing safely for years (still employing the proven packaging requirements).'' ATA supports the 5 kg (11 pound) limit as proposed for small arms ammunition carried in checked baggage. ATA states ``this limit aligns the HMR with [the International Civil Aviation Organization Technical Instructions (TIs)] and places bounds on the previous ``personal use'' exception. Some carriers that serve hunting destinations may individually wish to seek higher limits through exemptions.'' Though we agree with ATA international harmonization is beneficial, we are compelled to account for the concerns raised by Alaska Airlines and AACA. Therefore, after reevaluating our proposal to limit small arms ammunition to 5 kg (11 pounds), we have decided not to adopt the proposed small arms ammunition limit. In addition, we would like to note that even though we are not adopting this provision, Sec. 171.11 provides air carriers with the option of following the ICAO Technical Instructions which limits the amount of small arms ammunition to 5 kg per passenger. Customs and Border Protection (CBP) suggests the proposed changes need further clarification as to what constitutes ``other packagings specifically designed to carry small amounts of ammunition.'' According to CBP, many Federal law enforcement officers are experiencing difficulties with inconsistent enforcement of these requirements. According to CBP: In the recent past TSA and airline policies on the transport of ``duty'' ammunition by these officers have been inconsistent and non-uniform. TSA Screeners and airlines at one airport would allow an officer to transport his duty ammunition in the firearms magazine or clip (removed from the weapon). Upon the officers return trip from a different airport the local policy would require the ammunition to be transported in the original ``off the shelf'' styrofoam and cardboard box. This causes problems when an officer is suddenly advised he can not fly unless he has original type packaging material. The proposed changes to new Sec. 175.10(a)(8) do not clearly address this situation. In addition, CBP suggests magazines and clips are designed to safely transport ammunition and to protect the primer end of the round from impacts may result in accidental discharge; according to CBP, store packaging of ammunition in thin cardboard boxes with a styrofoam insert provides no such protection of the primers. CBP states, ``If a magazine or clip is not deemed suitable for transport then specifics on packaging for small amounts of ammunition must be clearly outlined to facilitate a uniform national interpretation of the standards.'' The current requirement to securely package small arms ammunition for personal use in boxes or other packages specifically designed to carry ammunition provides a flexible packaging standard may be met using a variety of different packaging configurations. Similarly, the requirement for clips and magazines to be securely boxed is sufficiently descriptive to provide a variety of safe shipping options for shippers and carriers. Section 173.63 provides similar requirements for ``Cartridges, small arms'' and ``Cartridges, power devices'' shipped as ORM-D materials. Those provisions have an established history of safety and we are confident the adoption of proposed revisions to this paragraph will have similar results. In addition, we recognize the vast majority of persons transporting ammunition aboard an aircraft (i.e., sportsmen, law enforcement officers, military personnel, and competitive shooters) are knowledgeable about ammunition safety. Many will choose to transport and store their ammunition in hardened plastic cases intended to provide protection. Others will choose to transport their ammunition in the manufacture's original packaging, clips, or magazines--all of which can be safely [[Page 14589]] transported provided they completely and securely enclosure the ammunition (see letter of interpretation dated April 12, 2005 from Mr. John Gale to Mr. Marc Joyeuse). The intention of this change is not to develop a new packaging for ammunition; it is to ensure a limited amount is transported safely, in secure packages that provide adequate protection from the conditions normally incident to transportation aboard an aircraft. 2. COMAT The NPRM clarified exceptions applicable to COMAT shipments apply only to an airline transporting ``its own'' replacement items. ATA asks PHMSA to delete the proposed change in new Sec. 175.8(b). ATA notes carriers have had reciprocal arrangements where they obtain replacement items from each others' inventories in order to expedite movement of the item to the location where it is needed. ATA states ``it is irrelevant for safety purposes whether ownership of the replacement item has actually passed to the carrier that transports it for use as a replacement.'' We do not agree the exception for COMAT materials should be expanded to include the transportation of replacement parts by one airline for another airline. COMAT consists of spares and supplies intended for the repair or replacement of parts by the air carrier on which it is transported. Parts and supplies transported for other airlines must be transported in accordance with the HMR. To clarify the COMAT exception and the exception for installed equipment, in this final rule, we moved the exception from paragraph (b) of Sec. 175.8 to paragraph (a) and have replaced the proposed text of paragraph (a) with the text currently in Sec. 175.10(a)(1) and (a)(2). ATA also asks PHMSA to adopt a similar special provision to the proposed Special Provision A59 on tire assemblies for aircraft batteries. ATA suggests this will further align the HMR with ICAO Special Provision A51 for batteries, just as the proposed Special Provision A59 for tire assemblies aligns with ICAO Special Provision A59 for tire assemblies. ATA states ``this change will make it clear that carriers may continue their current practices regarding COMAT shipment of aircraft batteries.'' ATA's comment is beyond the scope of this rulemaking. We will consider the addition of a special provision in a future rulemaking as suggested by ATA. Regional Airline Association (RAA) requests clarification as to which exceptions apply to ``will not carry'' operators. For example, RAA suggests ``will not carry'' operators should be permitted to carry limited hazardous material COMAT if packaged in a manner acceptable to FAA and provided the operator's training and procedures are acceptable to FAA. RAA suggests air carriers incur a significant cost due to the current hazmat rules for ``will not carry'' operations. RAA also requests clarification of exceptions for passengers and crewmembers on ``will not carry'' airlines. A ``will not carry'' operator is one who makes a business decision not to carry hazardous materials and indicates this decision in item 23 of its operations manual, in accordance with 14 CFR Subpart G--Manual Requirements (Sec. 121.135). The FAA does not prohibit ``will not carry operators'' from transporting those materials excepted in Sec. 175.10(a). The HMR does not apply to those materials transported in accordance with Sec. 175.10. 3. Batteries in Wheelchairs ATA requests revisions to certain aspects of the provisions in part 175 applicable to non-spillable batteries. According to ATA, ``Most wheelchairs that carriers check as baggage or examine in recent years have non-spillable batteries; spillable batteries have become relatively rare. Wheelchair design has changed in ways that make it very difficult for carriers to comply with the existing visual inspection and battery disconnection requirements, which PHMSA proposes to carry over to the new section Sec. 175.10(a)(15).'' Therefore, ATA requested PHMSA modify the proposed Sec. 175.10(a)(15)(ii) and (iii) to recognize the current state of wheelchair technology. ATA further states: Visual inspection and disconnection of a non-spillable battery should not be required if both of the following are satisfied: (1) the wheelchair has a disconnect mechanism, and carrier personnel use that mechanism to disconnect the power source, and (2) carrier personnel are able to verify, without disassembling the chair to view the battery itself, that the battery is non-spillable. If a carrier cannot satisfy either of these requirements, it is appropriate to require visual inspection to determine whether the battery is non-spillable. If the carrier performs a visual inspection and verifies that the battery is non-spillable, the carrier should be permitted to use a disconnect mechanism if the chair has one, or to disconnect the battery if the chair does not have a disconnect mechanism. ATA agrees that spillable batteries pose both an electrical and chemical safety risk, and the current visual inspection and disconnection requirements for them should be maintained. ATA suggests these modifications will increase convenience for traveling disabled passengers by decreasing the time for carriers to return checked chairs to passengers. In addition, ATA suggests these modifications would decrease the damage to wheelchairs. ATA's comments are beyond the scope of this rulemaking. However, we will consider the revisions suggested in a future rulemaking. 4. Carry-On vs. Checked Baggage RAA requests further clarification of the terms ``carry-on baggage'' and ``checked baggage.'' According to RAA, ``there seems to be the implication that carry-on baggage is stowed in the passenger cabin and accessible to persons during flight and that checked baggage is stowed within a cargo hold; that is not the case for regional airplane operations.'' RAA asks PHMSA to clearly define these terms. As RAA states: Most ``carry-on'' bags on regional airplanes are stowed in the cargo hold; they are thoroughly checked by TSA as carry-on bags but are brought to the gate by the passengers and then loaded planeside into the cargo holds since there is no room for them in the passenger compartment. Placement of many carry-on bags that are taken to the gate for flights on very large airplanes (e.g. Boeing and Airbus) are also loaded planeside in the airplane's bulk cargo hold because they may not fit in an overhead compartment or there simply isn't enough room in the passenger compartment. We therefore see no distinction then between the two types of bags once they are placed onboard the airplane. The HMR do not include definitions for ``checked'' or ``carry-on'' baggage. In the absence of a definition in the HMR, a term has the same meaning as in a dictionary or other source. Thus, when the HMR refer to ``checked baggage,'' the term means items of baggage offered to an airline for transportation in the hold of an aircraft inaccessible to the passenger during the flight for which the airline issues a claim check. When the HMR refer to ``carry-on baggage,'' the term means baggage for which no claim check is issued and can be carried into the passenger cabin of an airplane by a passenger or crewmember. These issues have not been addressed by this rulemaking; therefore, they are beyond its scope. 5. Self-heating Hair Curlers The HMR include an exception for hair curlers containing hydrocarbon gas allowing no more than one hair curler per passenger or crew member, provided the safety cover is securely fitted over the heating element. This section is clarified by including the North American term ``curling iron'' to describe hair curlers and by citing ``butane'' as an example of a [[Page 14590]] hydrocarbon gas. ATA suggests the self-heating hair curlers referred to in Sec. 175.10(a)(6) should include devices using liquid fuel as well as hydrocarbon gas fuel. We disagree. The current exception permits self-heating hair curlers to be transported in carry-on or checked baggage and includes curling irons using a hydrocarbon gas rather than electricity for power. This exception provides travelers with an option when the use of curlers heated by electricity is not an option. Allowing a flammable liquid burning heating source to be transported in carry-on or checked baggage poses an unnecessary flight safety risk. 6. Self-defense Spray ATA asks PHMSA to delete the proposed Sec. 175.10(a)(9) allowing the carriage of a self-defense spray in checked bags. According to ATA, this would harmonize the HMR with ICAO and IATA, which provide no exception for self-defense sprays in checked bags. We recognize the current HMR exception for self-defense spray is not consistent with ICAO and IATA. However, harmonization is not always appropriate. The exception is used frequently by passengers and crewmembers to ensure their safety at destination. We do not agree permitting one container of self-defense spray in checked baggage poses a flight safety risk. Passengers traveling internationally should note that many foreign countries do not allow self-defense spray to be transported in checked or carry-on luggage. 7. Reformatting of Exceptions in Sec. 175.10 Based on the comments received, we are adopting the amendments to divide the current exceptions in Sec. 175.10 into three different sections: Sec. Sec. 175.8, 175.9, and 175.10. Each section will cover a category of exceptions. Section 175.8 will cover operator equipment and items of replacement (including COMAT); Sec. 175.9 will cover special aircraft operations (crop-dusting, parachuting, etc.); and Sec. 175.10 will cover exceptions for passengers, crewmembers, and air operators. Separating and categorizing these exceptions will make the regulations easier to use and minimize confusion concerning the applicability of certain paragraphs. New Sec. 175.8 incorporates the exceptions for operators covering: --Aviation fuel and oil --Hazardous materials required for airworthiness --Oxygen supplied by the operator --Dry ice used by the operator in food service --Alcohol, perfume, and lighters carried for use or sale by the operator --Spares (COMAT) for installed equipment --Tire assemblies. New Sec. 175.8 also clarifies the exceptions for aircraft spares (COMAT) are applicable only to an operator transporting its own equipment. The paragraph on COMAT deletes the references to tires as this exception already exists in Sec. 173.307(a)(2). Also, current Sec. 175.10(a)(7) dealing with the stowage of oxygen cylinders is moved to the new Sec. 175.501 (See Sec. 175.8(b)(1)). We are revising Sec. 173.307(a)(2) to reference Sec. 175.8(b)(4) for tires transported by aircraft. Section 175.8(b)(4) deals with serviceable and undamaged tires versus unserviceable and damaged tires. It also requires tires and their valve assemblies to be protected from damage during air transport. New Sec. 175.9 incorporates exceptions for the following special aircraft operations: --Aerial seeding, crop dusting, spraying, etc. --Release devices, lights, and life-jackets for parachuting operations --Smoke grenades, flares, pyrotechnics, affixed to aircraft during air shows --Weather control, environmental protection, forest preservation, and avalanche control. Also added to this new section are exceptions for operations dedicated to firefighting and prevention, air ambulances, and search and rescue operations. We have edited references to FAA approvals throughout this section to reflect either the FAA Flight Standards District Office or the FAA Principal Operations Inspector, whichever is more appropriate. Emergency services not performed under dedicated operations must comply with the HMR. The exceptions in Sec. 175.9 are not for general transportation. In addition, applicable FAA operating specifications and Federal Aviation Requirements apply. New Sec. 175.10 contains exceptions for hazardous materials carried by passengers and crewmembers. These provisions have been edited for clarification. The most common edit was to put the name of the excepted article at the beginning of the sentence so it is easy to find. The following table lists the provisions in the current Sec. 175.10(a) and indicates the new location of the provision as adopted in this final rule. ---------------------------------------------------------------------------------------------------------------- Old paragraph 175.10(a) New paragraph ---------------------------------------------------------------------------------------------------------------- (a)(1) aviation fuel and oil in tanks....... 175.8(a). (a)(2) operator equipment, spares........... 175.8(a) and (b), 173.307(a)(2). (a)(3) aerial seeding, crop dusting, etc.... 175.9(a). (a)(4) medicinal/toilet articles, 2.2 175.10(a)(1)--self defense spray (a)(9). aerosols. (a)(5) small arms ammunition................ 175.10(a)(8). (a)(7) oxygen furnished by operator......... 175.8(b). (a)(8) implanted medical devices............ 175.10(a)(3). (a)(9) parachuting devices.................. 175.9(b). (a)(10) safety matches/lighters............. 175.10(a)(2). (a)(11) pyrotechnics affixed to aircraft.... 175.9(c). (a)(12) hazmat dispensed, environmental..... 175.9(e). (a)(13) dry ice............................. 175.10(a)(10), 175.8(d). (a)(14) transport incubator................. 175.10(a)(13). (a)(15) alcohol, etc., carried by operator.. 175.8(b). (a)(16) duty free perfume, etc.............. 175.10(a)(5). (a)(17) alcoholic beverages................. 175.10(a)(4). (a)(18) gas cylinders for mechanical limbs.. 175.10(a)(12). (a)(19) wheelchair, nonspillable battery.... 175.10(a)(16). (a)(20) wheelchair, spillable battery....... 175.10(a)(17). (a)(21) hair curlers, butane................ 175.10(a)(6). (a)(22) mercurial barometer/thermometer..... 175.10(a)(14). (a)(23) heat-producing articles............. 175.10(a)(15). [[Page 14591]] (a)(25) lifejacket with gas cartridges...... 175.10(a)(11). (a)(26) small mercury thermometer........... 175.10(a)(7). (a)(27) lithium batteries and cells......... 175.10(a)(17). ---------------------------------------------------------------------------------------------------------------- Section 175.10(a)(1) is edited to change the maximum net quantity of inner packaging for medicinal/toilet articles from 473 ml to 500 ml for consistency with other even metric quantities. Self-defense spray has been reassigned to its own paragraph since it has little in common with medicinal and toilet articles. Section 175.10(a)(2) has been revised to clarify that safety matches and lighters may be carried on one's person or in carry-on baggage. This change stems from a February 13, 2003 memorandum from Mr. Edward Mazzullo to Mr. William Wilkening addressing the current allowance for safety matches or a lighter to be carried on one's person. The memo clarifies the phrase ``one's person'' to include the passenger and his carry-on baggage. Section 175.10(a)(6) is clarified by including the North American term ``curling iron'' to describe hair curlers and by citing ``butane'' as an example of a hydrocarbon gas. Section 175.10(a)(8) is the new location for the small arms ammunition exception. This sub-paragraph is clarified to indicate ammunition clips and magazines must be securely boxed. Section 175.10(a)(9) is the new location for the self-defense spray exception. It had previously been included in the quantity limits for medicinal and toilet articles. In its previous location the exception was difficult to locate; the move to this subparagraph makes it more visible. Section 175.10(a)(10) is the new location for the dry ice exception. The exception, currently located in Sec. 175.10(a)(13), includes two different net quantities allowed for dry ice--2 kg (4.4 pounds) and 2.3 kg (5 pounds)--depending on how it is carried. In addition, it is unclear whether the marking requirements are to be applied only to checked baggage or if they must be applied to both dry ice in cargo and checked baggage. The new subparagraph maintains the current quantities by allowing 2.3 kg (5 pounds) to be carried in checked baggage and 2 kg (4.4 pounds) to be carried in carry-on baggage. In addition, the new subparagraph clarifies the marking requirements are for checked baggage only. We had proposed to limit the amount of dry ice in checked and carry-on baggage to 2.0 kg (4.4 pounds); however, due to international changes we decided to maintain the current allowance. The exception for dry ice used in food service by the operator is moved to Sec. 175.8(b)(2). The 2.3 kg (5 pounds) exception for dry ice transported as cargo is now incorporated in Sec. 173.217. However, the maximum amount of dry ice allowed on board a flight is established by airworthiness requirements and operating specifications. FAA's Advisory Circular 91-76 dated September 30, 2004 outlines currently authorized limits. Section 175.10(a)(11) is modified. Self-inflating life jackets may be carried with two cartridges of CO 2 (or other suitable Division 2.2 gas), as adopted in a final rule issued under docket HM- 215E (68 FR 44991; July 31, 2003). Section 175.10(a)(15) is clarified by replacing the term ``underwater torch'' with the North American term ``diving lamp''. Section 175.10(a)(17) is replaced. Old Sec. 175.10(a)(27) was adopted in an interim final rule published under Docket HM-224E (69 FR 75207; December 15, 2004). The new section provides an exception for lithium batteries in consumer electronic and medical devices (watches, calculators, cameras, cellular phones, lap-top computers, camcorders, and hearing aids, etc.) containing lithium ce","truncated":true,"body_characters":208915}