The Council on Safe Transportation of Hazardous Articles, Inc. — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue SE Washington. DC 20590 JUL I 1 2013 Lara Currie Administrator The Council on Safe Transportation of Hazardous Articles, Inc. 7803 Hill House Court Fairfax Station, VA 22039 Ref. No. 13-0058 Dear Ms. Currie: This responds to our March 7, 2013 telephone conversation and your subsequent letter requesting clarification oftherecently adopted passenger notification requirements under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). The amendments to the passenger notification provisions in§ 175.25 were originally adopted in a January 19, 2011 final rule under Docket PHMSA-2009-0126 (HM-215K; 76 FR 3308). On January 7, 2013, the effective date for provisions adopted in the final rule was extended to January 1, 2015 as a result of administrative appeals and a public meeting held in Washington, DC on August 16, 2012. In your letter, you inquire whether the Pipeline and Hazardous Materials Safety Administration (PHMSA) intended the § 175.25(b) requirement to be applicable to passenger notification by telephone. It is your understanding that such a requirement is not consistent with the passenger notification provisions recently adopted in Part 7; 5 of the International Civil Aviation Organization's Technical Instructions for the Safe Transport of Dangerous Goods by Air (ICAO Technical Instructions). Sectiqn 175.25(b) explicitly refyrences purchase by telep4one as a means of purchasing a ticket remotely. Therefore, as written, the§ 175.25(b) passenger notification and acknowledgement requirements apply when purchasing a ticket by telephone and this is generally consistent with Part 7; 5.1.1 of the ICAO Technical Instructions. However, as you have correctly pointed out, the effective date for these requirements has been extended to January 1, 2015 as adopted in a final rule published on January 7, 2013 (HM-215K Administrative Appeals; 78 FR 1101). The Federal Aviation Administration (FAA) has chartered an Aviation Rulemaking Committee (ARC) on Passenger Notification of Hazardous Materials Regulations and we note that The Council on Safe Transportation of Hazardous Articles, Inc. (COSTHA) is participating. Before these requirements become effective, the ARC will develop consistent and effective messages for disseminating hazardous materials information to passengers. We believe this work will enhance the airline industry's ability to comply with these requirements and we appreciate your willingness to participate.#

Page 2This response was coordinated with the Federal Aviation Administration's Office of Security and Hazardous Materials Safety. Thank you for your continued interest in this matter. If you have any questions regarding the handling of your request, please feel free to contact me directly on (202) 366-8553. Sincerely, IAl~ t. · (charles~- Betts Director Standards and Rulemaking Division --------- ------ ---------------------#

Page 3Council on Safe Transportation of Hazardous Articles March 7, 2013 President Robert Heinrich Transportation Safety Advisor Novartis Pharmaceuticals First Vice President Donald Bossow Sr Mgr NA Reg Affairs/Global Systems Diversey, Inc. Second Vice Presidentffreasurer John D'Aioia Manager Transportation Compliance Mary Kay, Inc. Secretary Amy Fischesser Corporate Hazardous Materials Manager Sun Chemical Corporation Executive Committee Member Richard Lattimer Consultant-HSE Eli Lilly and Company Board of Directors Sean Broderick Senior Manager, Global Govt Relations Procter & Gamble Distributing LLC Alicia Gaines Mgr, Global Dangerous Goods Program Abbott Laboratories James Jahnke Sr. Manager Dange1-ous Goods Merck and Co Trevor Howud Mgr Safety/Dangerous Goods Standards Air Canada Dave Madsen HazMat Analyst Autoliv, Inc. Christopher Palabrica, CPM, CHMM Director Operations Mays Chemical Co. Boyd Stephenson Director, Hazardous Materials Policy American Trucking Associations, Inc. Dan Wieten National Mgr Compliance Plan & Admin Toyota Motor Sales, USA, Inc. Jeanne Zmich Vice President R&D Labelmaster General Counsel Richard Schw~tzer, PLLC Mr. Charles Betts Director of Hazmat Standards 1200 New Jersey Ave,SE East Bldg, Room E24-421, PHH-10 Washington, DC 20590 Dear Mr. Betts: Per our previous discussions and the letter that you sent on Aug 30 2012 (attached) we understood that DOT did not intend to add any additional requirements for passenger notification for the carriers and other air ticket companies (Expedia, Orbitz etc) until 2015. We have been working with FAA and it seems as if the Advisory and Rulemaking Committee is progressing and industry anticipates being able to work with them on the final components of the passenger notification process. Unfortunately in the final rulemaking 215K 175.25 section (b) includes the word ''phone" which is not in the ICAO text (attached) nor is it part of the current scope of passenger notification programs. Please clarify that it was not PHMSA's intention to include programs that are not currently part of the passenger notification programs such as "phone" in HM- 215K. We also understand that PHMSA will be able to clarify this in an upcoming rulemaking, however, immediate guidance to industry is necessary. We appreciate your review and response to this important issue. Sincerely, Lara Mehr Currie Administrator#

Page 48-1-1 Chapter 1 PROVISIONS FOR DANGEROUS GOODS CARRIED BY PASSENGERS OR CREW Parts of this Chapter are affected by State VarlationsCH 1, US 15; see Tab/eA-1 #:- ... 1.1. DANGEROUS GOODS CARRIED BY PASSENGERS OR CREW 1.1. i Except as otherwise provid,ed in 1.1.2, dangerous goods, including excepted packages of radioactive material, must not be carried· by passengers or crew members, either as or in carry-on baggage or checked baggage or on their person. Except as' provideq for in Table 8-1, 30), security type equipment such as attache cases, cash boxee;, ,cash bags,. etc., incorporating dangerous gooQS;·, for example lithium batteries or pyrotechnic material, are . t.otally forbid!;fen; . see, entry in Table 3-1. Personal medical oxygen devices that utilize liquid oxygen are forbidden either as or in carry-qn qagg~ge or checked baggage or on the person. Electroshock weapons (e.g. lasers) containing dangerous goods such .as explosives, ,9ompressed gases, lithium batteries, etc., are forbidden in carry-on baggage or checked baggage or on the person. 1.1.2 Notwithstanding any additional restrictions which may be implemented by States in the interests of aviation security, except for the incident reporting provisions of 7;4.4 or 7;4.5, as applicable, the provisions of these'lnstructions do not apply to the following when carried by passengers or crew members or in baggage that has been separated from its owner during transit (e.g. lost bagg.age or in-,properly routed baggage) or in excess baggage carried as cargo as permittedby 1 ;1.1.5.1 g): 1.1.3 Any organization or. enterprise other than an operator (such as a travel agent), involved ih the air transport of passengers; should p·rovid& passengers with information about the types of dangerous goods which they are forbidden to transport aboard an aircraft. This information should consist of, as a minimum, notices at those locations where .. there is an interface with the passengers. · · 1.1.4 . Where provision is made. for the purchase of tickets via the Internet, information on the types of dangerous goods which a passenger is forbidden to transport aboard an aircraft should be provided in either text or pictorial form and should be such that ticket purchase cannot be completed until the passenger, or a person acting on their behalf, 'has indicated that they have understood the restricti(111S on dangerous goods in baggage . . --~' Table a-1, J=lrovisions for dangerous. goods carried by passengers or crew Location Q) ~ s~"'t:) .ogi5 .!;; e :e· Q) g:g, Cl>§ }-::::; ~"l:>E ~E'-~ 'E_lij.$2 ·~·2' ~[ st2 "'e·s. Q)~ ~jg, 6~ 82' a a e~ ~o-!2 ~E<l> 8.Q ,, ·' Items o; articles Medical necessities Restrictions 1) Small gaseous oxygen or.air Yes Yes Yes Yes Yes a) no more than 5 kg gross mass per cylinder; cylinders required for medical·· use b) cylinders, valves and regulators, where fitted, must be protected from damage which could cause inadvertent release of lhe contents; and c) the pilot-in-command must be informed of the num.ber of oxygen or air cylinders loaded on board the aircraft and their loading focalion(s). - ~-------- ----------·-------- -------- ------- ------- --------· --------- -- --- -·--- --·-·-·-- -·----- ··---- ··- -------- -· ---·----~ Devices containing liquid oxygen No No No n/a n/a Devices containing liquid oxygen are forbidden in carry-on baggage, checked baggage or on the person. 2) Cylindem of a gas of Division 2.2 Yes Yes Yes No No Spare cylinders of a similar size are also allowed, if worn for the operation of required, to ensure an adequate supply for the mechanical limbs duration of the journey. 2013-2014 EDITION#

Page 5U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue, SE Washington, D.C. 20590 Lara Currie Administrator The Council on Safe Transportation of Hazardous Articles, Inc. 7803 Hill House Court Fairfax Station, VA 22039 Dear Ms. Currie: This responds to your administrative appeal and subsequent August 17, 2012 e-mail requesting a two year extension of the compliance date of the recently adopted passenger notification provisions under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). These revised provisions in § 175.25 were adopted in a January 19,2011 final rule, under DocketPHMSA-2009-0126 (HM- 215K; 76 FR 3308). In this final rule, notification and acknowledgement of the types of hazardous materials that a passenger may or may not carry aboard an aircraft were revised by updating the ticketing and flight check-in provisions of the HMR based on current technologies used to perform such functions. Subsequent to the issuance of the final rule, the Pipeline and Hazardous Materials Safety Administration (PHMSA) and the Federal Aviation Administration (FAA) received both written and oral comments, at an August 16, 2012 public meeting, requesting more time for the affected entities to implement the new provisions in a more effective and cooperative manner. PHMSA and FAA agree that a delay in the compliance date of the revised § 1 7 5.25 is warranted, particularly if a delay supports the implementation of more effective methods for increasing passenger awareness of, and compliance with, the HMR. Additionally, we acknowledge that immediate notification of industry stakeholders is necessary if we wish to gain widespread support of the collaborative approach to implementing effective and value-added solutions as discussed during the August 16, 2012 public meeting. Therefore, PHMSA and FAA are providing this notification of our intent to extend, in a rule making in the near future, the compliance date by no less than one year, beyond the current January 1, 2013 compliance date. Further, we look forward to the collaborative efforts in this noteworthy endeavor and its success by directly involving all interested parties in its outcome as we move ahead to enhance aviation safety. If you have any questions about the handling of your administrative appeal, please feel free to contact me directly on (202) 366-8553. Sincerely, . I k-£.,r.---~'"" ~~ f ((_ .. ··)it{~: ' ~ arles E~ Betts Director Standards and Rulemaking Division#