{"operation":"document","citation":"14-0127","title":"TASER International, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2014-10-02","effective_on":null,"summary":"14-0127 response to TASER International, Inc. concerning 173.54, 175.1, 175.10.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-14-0127.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-14-0127.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-14-0127","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2014/140127.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\n1200 New Jersey Avenue, SE\nWashington, D.C. 20590\nPipeline and Hazardous\nAdministration\nMaterials Safety\nOCT 0 2 2014\nMs. Holly Gibeaut\nAssistant General Counsel\nTASER International, Inc.\n17800 N. 85*h Street\nScottsdale, AZ 85255-9603\nRef. No. 14-0127\nDear Ms. Gibeaut:\nThis responds to your June 23, 2014 request for clarification of the Hazardous Materials\nRegulations (HMR; 49 CFR Parts 171-180). Specifically, you ask if Taser Brand conducted\nelectrical weapons (CEW) and CEW cartridges are authorized by the HMR to be carried aboard\na passenger-carrying aircraft by armed law enforcement officers (LEO) under the authority\nprovided in 49 CFR 1544.219. You are concerned because Part 8, § 1.1.1 of the International\nCivil Aviation Organization's Technical Instructions for the Safe Transport of Dangerous Goods\nby Air (ICAO Technical Instructions) was recently revised to prohibit electro-shock weapons\ncarried by passengers and crew members and U.S. airlines are now refusing to allow armed\nLEOs the ability to carry such weapons aboard passenger-carrying aircraft.\nProvided the conditions of 49 CFR 1544.219 are met, an armed LEO is authorized under\n§ 173.54(f) of the HMR to carry a loaded firearm aboard a passenger-carrying aircraft. Under\n§ 175.1, such authorization applies to any aircraft of U.S. registry anywhere in air commerce.\nNo similar exceptions for the carriage of electro-shock weapons by LEOs is currently provided\nunder the HMR.\nHowever, unlike Part 8 of the ICAO Technical Instructions, § 175.10 of the HMR only specifies\nwhat hazardous materials are permitted to be transported by a passenger or crew member. In\nother words, unless an exception is explicitly provided by the HMR (e.g., an armed LEO\ntraveling under 49 CFR 1544.219), all hazardous materials are prohibited in passenger or crew\nmember baggage or when carried on one's person. Thus, because there is no specific exception\nfor an LEO traveling with a CEW under the HMR, carriage aboard passenger carrying aircraft is\nnot permitted.\n\n<<<PAGE 2>>>\n\nThank you for bringing this to our attention. We recognize the importance of the duties\nperformed by LEOs and we intend to address the issue in a future rulemaking action. Please\ncontact us if we can be of further assistance.\nActing Chief, Standards Development Branch\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\nThank you for bringing this to our attention. We recognize the importance of the duties\nperformed by LEOs and we intend to address the issue in a future rulemaking action. Please\ncontact us if we can be of further assistance.\nSincerely,\nDirk Der Kinderen\nActing Chief, Standards Development Branch\nStandards and Rulemaking Division","truncated":false,"body_characters":2733}