# William Wilkening — Hazardous Materials Safety Interpretation

- **operation:** document
- **citation:** 03-0027
- **title:** William Wilkening — Hazardous Materials Safety Interpretation
- **source type:** guidance
- **agency:** Pipeline and Hazardous Materials Safety Administration
- **status:** guidance
- **official:** true
- **published on:** 2003-02-13
- **effective on:** Not available
- **summary:** 03-0027 concerning 175.1.
- **machine formats:** - **json:** https://regulus.evalyn.ai/document/phmsa-interpretation-03-0027.json
- **markdown:** https://regulus.evalyn.ai/document/phmsa-interpretation-03-0027.md
- **app url:** https://regulus.evalyn.ai/document/phmsa-interpretation-03-0027
- **source url:** https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2003/030027.pdf
**body:**

<<<PAGE 1>>>

Memorandum
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.
#

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$ 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 3>>>

Page 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
.. •
.:..
.:'"
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5/26/04
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