{"operation":"document","citation":"13-0058","title":"The Council on Safe Transportation of Hazardous Articles, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2013-07-11","effective_on":null,"summary":"13-0058 response to The Council on Safe Transportation of Hazardous Articles, Inc. concerning 175.25.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0058.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0058.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0058","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2013/130058.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue SE\nWashington. DC 20590\nJUL I 1 2013\nLara Currie\nAdministrator\nThe Council on Safe Transportation\nof Hazardous Articles, Inc.\n7803 Hill House Court\nFairfax Station, VA 22039\nRef. No. 13-0058\nDear Ms. Currie:\nThis responds to our March 7, 2013 telephone conversation and your subsequent letter\nrequesting clarification oftherecently adopted passenger notification requirements under the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180). The amendments to the\npassenger notification provisions in§ 175.25 were originally adopted in a January 19, 2011\nfinal rule under Docket PHMSA-2009-0126 (HM-215K; 76 FR 3308). On January 7, 2013,\nthe effective date for provisions adopted in the final rule was extended to January 1, 2015 as a\nresult of administrative appeals and a public meeting held in Washington, DC on August 16,\n2012. In your letter, you inquire whether the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) intended the § 175.25(b) requirement to be applicable to passenger\nnotification by telephone. It is your understanding that such a requirement is not consistent\nwith the passenger notification provisions recently adopted in Part 7; 5 of the International\nCivil Aviation Organization's Technical Instructions for the Safe Transport of Dangerous\nGoods by Air (ICAO Technical Instructions).\nSectiqn 175.25(b) explicitly refyrences purchase by telep4one as a means of purchasing a ticket\nremotely. Therefore, as written, the§ 175.25(b) passenger notification and acknowledgement\nrequirements apply when purchasing a ticket by telephone and this is generally consistent with\nPart 7; 5.1.1 of the ICAO Technical Instructions. However, as you have correctly pointed out,\nthe effective date for these requirements has been extended to January 1, 2015 as adopted in a\nfinal rule published on January 7, 2013 (HM-215K Administrative Appeals; 78 FR 1101). The\nFederal Aviation Administration (FAA) has chartered an Aviation Rulemaking Committee\n(ARC) on Passenger Notification of Hazardous Materials Regulations and we note that The\nCouncil on Safe Transportation of Hazardous Articles, Inc. (COSTHA) is participating.\nBefore these requirements become effective, the ARC will develop consistent and effective\nmessages for disseminating hazardous materials information to passengers. We believe this\nwork will enhance the airline industry's ability to comply with these requirements and we\nappreciate your willingness to participate.\n\n<<<PAGE 2>>>\n\nThis response was coordinated with the Federal Aviation Administration's Office of Security\nand Hazardous Materials Safety.\nThank you for your continued interest in this matter. If you have any questions regarding the\nhandling of your request, please feel free to contact me directly on (202) 366-8553.\nSincerely,\nIAl~ t. ·\n(charles~- Betts\nDirector\nStandards and Rulemaking Division\n---------\n------\n---------------------\n\n<<<PAGE 3>>>\n\nCouncil on Safe Transportation of Hazardous Articles\nMarch 7, 2013\nPresident\nRobert Heinrich\nTransportation Safety Advisor\nNovartis Pharmaceuticals\nFirst Vice President\nDonald Bossow\nSr Mgr NA Reg Affairs/Global\nSystems\nDiversey, Inc.\nSecond Vice Presidentffreasurer\nJohn D'Aioia\nManager Transportation Compliance\nMary Kay, Inc.\nSecretary\nAmy Fischesser\nCorporate Hazardous Materials\nManager\nSun Chemical Corporation\nExecutive Committee Member\nRichard Lattimer\nConsultant-HSE\nEli Lilly and Company\nBoard of Directors\nSean Broderick\nSenior Manager, Global Govt\nRelations\nProcter & Gamble Distributing LLC\nAlicia Gaines\nMgr, Global Dangerous Goods\nProgram\nAbbott Laboratories\nJames Jahnke\nSr. Manager Dange1-ous Goods\nMerck and Co\nTrevor Howud\nMgr Safety/Dangerous Goods\nStandards\nAir Canada\nDave Madsen\nHazMat Analyst\nAutoliv, Inc.\nChristopher Palabrica, CPM, CHMM\nDirector Operations\nMays Chemical Co.\nBoyd Stephenson\nDirector, Hazardous Materials Policy\nAmerican Trucking Associations, Inc.\nDan Wieten\nNational Mgr Compliance Plan &\nAdmin\nToyota Motor Sales, USA, Inc.\nJeanne Zmich\nVice President R&D\nLabelmaster\nGeneral Counsel\nRichard Schw~tzer, PLLC\nMr. Charles Betts\nDirector of Hazmat Standards\n1200 New Jersey Ave,SE East Bldg, Room E24-421, PHH-10\nWashington, DC 20590\nDear Mr. Betts:\nPer our previous discussions and the letter that you sent on Aug 30 2012\n(attached) we understood that DOT did not intend to add any additional\nrequirements for passenger notification for the carriers and other air ticket\ncompanies (Expedia, Orbitz etc) until 2015. We have been working with FAA and\nit seems as if the Advisory and Rulemaking Committee is progressing and\nindustry anticipates being able to work with them on the final components of\nthe passenger notification process.\nUnfortunately in the final rulemaking 215K 175.25 section (b) includes the word\n''phone\" which is not in the ICAO text (attached) nor is it part of the current\nscope of passenger notification programs.\nPlease clarify that it was not PHMSA's intention to include programs that are not\ncurrently part of the passenger notification programs such as \"phone\" in HM-\n215K.\nWe also understand that PHMSA will be able to clarify this in an upcoming\nrulemaking, however, immediate guidance to industry is necessary.\nWe appreciate your review and response to this important issue.\nSincerely,\nLara Mehr Currie\nAdministrator\n\n<<<PAGE 4>>>\n\n8-1-1\nChapter 1\nPROVISIONS FOR DANGEROUS GOODS\nCARRIED BY PASSENGERS OR CREW\nParts of this Chapter are affected by State VarlationsCH 1, US 15; see Tab/eA-1\n#:- ... 1.1. DANGEROUS GOODS CARRIED BY PASSENGERS OR CREW\n1.1. i Except as otherwise provid,ed in 1.1.2, dangerous goods, including excepted packages of radioactive material, must\nnot be carried· by passengers or crew members, either as or in carry-on baggage or checked baggage or on their person.\nExcept as' provideq for in Table 8-1, 30), security type equipment such as attache cases, cash boxee;, ,cash bags,. etc.,\nincorporating dangerous gooQS;·, for example lithium batteries or pyrotechnic material, are . t.otally forbid!;fen; . see, entry in\nTable 3-1. Personal medical oxygen devices that utilize liquid oxygen are forbidden either as or in carry-qn qagg~ge or checked\nbaggage or on the person. Electroshock weapons (e.g. lasers) containing dangerous goods such .as explosives, ,9ompressed\ngases, lithium batteries, etc., are forbidden in carry-on baggage or checked baggage or on the person.\n1.1.2 Notwithstanding any additional restrictions which may be implemented by States in the interests of aviation security,\nexcept for the incident reporting provisions of 7;4.4 or 7;4.5, as applicable, the provisions of these'lnstructions do not apply to\nthe following when carried by passengers or crew members or in baggage that has been separated from its owner during transit\n(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):\n1.1.3 Any organization or. enterprise other than an operator (such as a travel agent), involved ih the air transport of\npassengers; should p·rovid& passengers with information about the types of dangerous goods which they are forbidden to\ntransport aboard an aircraft. This information should consist of, as a minimum, notices at those locations where .. there is an\ninterface with the passengers. · ·\n1.1.4 . Where provision is made. for the purchase of tickets via the Internet, information on the types of dangerous goods\nwhich a passenger is forbidden to transport aboard an aircraft should be provided in either text or pictorial form and should be\nsuch that ticket purchase cannot be completed until the passenger, or a person acting on their behalf, 'has indicated that they\nhave understood the restricti(111S on dangerous goods in baggage .\n. --~'\nTable a-1, J=lrovisions for dangerous. goods carried by passengers or crew\nLocation Q) ~\ns~\"'t:) .ogi5\n.!;; e\n:e· Q) g:g, Cl>§ }-::::; ~\"l:>E\n~E'-~\n'E_lij.$2\n·~·2' ~[\nst2\n\"'e·s.\nQ)~ ~jg,\n6~ 82' a a\ne~\n~o-!2 ~E<l>\n8.Q\n,, ·' Items o; articles\nMedical necessities\nRestrictions\n1) Small gaseous oxygen or.air Yes Yes Yes Yes Yes a) no more than 5 kg gross mass per cylinder;\ncylinders required for medical··\nuse b) cylinders, valves and regulators, where fitted,\nmust be protected from damage which could\ncause inadvertent release of lhe contents; and\nc) the pilot-in-command must be informed of the\nnum.ber of oxygen or air cylinders loaded on\nboard the aircraft and their loading focalion(s).\n-\n~--------\n----------·-------- -------- ------- ------- --------· --------- -- --- -·--- --·-·-·--\n-·----- ··---- ··- -------- -·\n---·----~\nDevices containing liquid oxygen No No No n/a n/a Devices containing liquid oxygen are forbidden in\ncarry-on baggage, checked baggage or on the\nperson.\n2) Cylindem of a gas of Division 2.2 Yes Yes Yes No No Spare cylinders of a similar size are also allowed, if\nworn for the operation of required, to ensure an adequate supply for the\nmechanical limbs duration of the journey.\n2013-2014 EDITION\n\n<<<PAGE 5>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, D.C. 20590\nLara Currie\nAdministrator\nThe Council on Safe Transportation\nof Hazardous Articles, Inc.\n7803 Hill House Court\nFairfax Station, VA 22039\nDear Ms. Currie:\nThis responds to your administrative appeal and subsequent August 17, 2012 e-mail requesting a two\nyear extension of the compliance date of the recently adopted passenger notification provisions under\nthe Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). These revised provisions in\n§ 175.25 were adopted in a January 19,2011 final rule, under DocketPHMSA-2009-0126 (HM-\n215K; 76 FR 3308). In this final rule, notification and acknowledgement of the types of hazardous\nmaterials that a passenger may or may not carry aboard an aircraft were revised by updating the\nticketing and flight check-in provisions of the HMR based on current technologies used to perform\nsuch functions. Subsequent to the issuance of the final rule, the Pipeline and Hazardous Materials\nSafety Administration (PHMSA) and the Federal Aviation Administration (FAA) received both\nwritten and oral comments, at an August 16, 2012 public meeting, requesting more time for the\naffected entities to implement the new provisions in a more effective and cooperative manner.\nPHMSA and FAA agree that a delay in the compliance date of the revised § 1 7 5.25 is warranted,\nparticularly if a delay supports the implementation of more effective methods for increasing\npassenger awareness of, and compliance with, the HMR. Additionally, we acknowledge that\nimmediate notification of industry stakeholders is necessary if we wish to gain widespread support of\nthe collaborative approach to implementing effective and value-added solutions as discussed during\nthe August 16, 2012 public meeting.\nTherefore, PHMSA and FAA are providing this notification of our intent to extend, in a rule making\nin the near future, the compliance date by no less than one year, beyond the current January 1, 2013\ncompliance date. Further, we look forward to the collaborative efforts in this noteworthy endeavor\nand its success by directly involving all interested parties in its outcome as we move ahead to\nenhance aviation safety.\nIf you have any questions about the handling of your administrative appeal, please feel free to contact\nme directly on (202) 366-8553.\nSincerely,\n. I k-£.,r.---~'\"\"\n~~ f ((_ .. ··)it{~: '\n~ arles E~ Betts\nDirector\nStandards and Rulemaking Division","truncated":false,"body_characters":11634}