William Wilkening — Hazardous Materials Safety Interpretation

Page 1Memorandum Research and Special Programs Administration Date: FEB 1 3 2003 Reply to Attn. of: Ref. No. 03-0027 Subject: INFORMATION: Definition of "on one's person" Office of Hazardous Materials Standards To: William Wilkening Dangerous Goods Program This is in response to your memo requesting clarification of the phrase "on one's person" as used in 49 CFR 175.10(a)(10). At issue is whether a lighter or pack of matches must be in a person's clothing, such as in a pocket, to be "on one's person" for carriage by a passenger onto an aircraft. Section 175.10(a)(10) excepts from the HMR safety matches or lighters intended for use by an individual when carried "on one's person." It is the opinion of this office that the term "on one's person" includes any item carried aboard an aircraft by a passenger, including what would otherwise be construed as "carry-on baggage." Therefore, a passenger is authorized to carry safety matches or lighters onto an aircraft in their clothing, carry-on baggage, fanny pack, purse, or items which are considered "checked baggage." any other item under their control. However, the phrase "on one's person" does not include those I trust this satisfies your inquiry. If this Office can be of further assistance, please contact us. ##

Page 2$ 02/03/03 MON 13:49 FAX 202 267 8496 ACSI Gale 4002 INHOUSS MEM $ 175.10 (a) C10 03-50 Exceptions Memorandum of Transportation U.S. Department Federal Aviation • Administration Subject: Interpretation of 49 CFR Dare: February 3, 2003 175.10 (a) (10) From: FAA Dangerous Goods, ASI-300 Attn. of: Raply to To: Ed Mazullo, Director RSPA Office of Hazardous Materials Standards In 49 CFR 175.10 (a) (10) the Hazardous Materials Regulations indicate that safety matches or a lighter may be a carried aboard aircraft by passengers for use by an individual when these items are carried "on one's person". The terms "carry-on baggage" and "checked baggage" appear to be specifically excluded as options for carrying these items. Due to the greater scrutiny of hazardous materials at airport passenger screening checkpoints, it has become necessary to further delineate what constitutes "on one's person" as opposed to "carry-on baggage." Specifically in question are purses, fanny-packs, and other small carry-on items traditionally used for carrying matches and lighters. We request an interpretation from your office of the term "on one's person" as it is used in 49 CER 175.10 (a) (10). Please include how this term may or may not relate to carry-on and checked baggage. o prettishaughlin William Wilkening#

Page 3Page 1 of 1 INFOCNTR From: DStigerman@aol.com Sent: Wednesday, May 26, 2004 12:49 PM" To: INFOCNTR Stevens Subject: Request for Letter of Clarification 8175.10 g)E) Mr. Edward T. Mazzullo Director, Office of Hazardous Materials Standards 400 Seventh Street SW US DOT/RSPA (DHM-10) Air Exceptions Washington, DC 20590-0001 04-0131 Subject: Request for a Letter of Clarification Dear Mr. Mazzullo: atisfy the requirement of 49 CFR, Section 175.10(a)(5) oes a firearm magazine or "clip" with a metal, plastic, or fiberboard "oversleeve" designed to fit the "clir atisfy the requirement of 49 CFR, Section 175.10(a)(5): Joes a firearm magazine or "clip" without a metal, plastic, or fiberboard "oversleeve" desianed to fit the "dio a Does consider pounds malians auntin for personal sea me in the reement. in 49 CFR, 175.10(a)(5)? I appreciate your assistance in the is manner and look forward to your written response. Don Stiger 3683 SW 30th Drive Gresham, Oregon 97080 .. • .:.. .:'" ' C: 5/26/04#