{"operation":"document","citation":"14-0150","title":"U.S. Department of Justice — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2014-10-01","effective_on":null,"summary":"14-0150 response to U.S. Department of Justice concerning 173.54, 175.1, 175.10.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-14-0150.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-14-0150.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-14-0150","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2014/140150.pdf","body":"<<<PAGE 1>>>\n\nof Transportatior\nU.S. Department\nWashington, D.C. 20590\n1200 New Jersey Avenue, SE\nlaterials Safet\nipeline and Hazardou\nAdministration\nOCT 0 1 2014\nRonald B. Turk\nAssistant Director\nOffice of Field Operations\nU.S. Department of Justice\nBureau of Alcohol, Tobacco, Firearms and Explosives\n99 New York Ave., NE\nWashington, DC 20226\nRef. No. 14-0150\nDear Mr. Turk:\nThis responds to your request for clarification of the Hazardous Materials Regulations (HMR;\n49 CFR Parts 171-180). Specifically, you ask if Taser Brand conducted electrical weapons\n(CEW) and CEW cartridges are authorized by the HMR to be carried aboard a passenger-\ncarrying aircraft by armed law enforcement officers (LEO) under the authority provided in 49\nCFR 1544.219. You are concerned because Part 8, § 1.1.1 of the International Civil Aviation\nOrganization's (ICAO) Technical Instructions for the Safe Transport of Dangerous Goods by\nAir (ICAO Technical Instructions) was recently revised to prohibit electro-shock weapons\ncarried by passengers and crew members, U.S. airlines are now refusing to allow armed LEOs\nthe 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.\nHowever, unlike a loaded firearm, an electro-shock weapon may contain explosive charges,\ncompressed gases, and lithium batteries. No exceptions for the carriage of electro-shock\nweapons by LEOs are provided under the HMR.\nUnlike Part 8 of the ICAO Technical Instructions, § 175.10 of the HMR only specifies what\nhazardous materials are permitted to be transported by a passenger or crew member. In other\nwords, unless an exception is explicitly provided by the HMR (e.g., an armed LEO traveling\nunder 49 CFR 1544.219), all hazardous materials are prohibited in passenger or crew member\nbaggage or when carried on one's person.\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.\nSincerely,\nT. Glenn Foster\nChief, Regulatory Review and Reinvention\nStandards and Rulemaking Division\n....\n\n<<<PAGE 3>>>\n\nstevens\n[75.10\nU.S. Department of Justice\nЕжсерном\nBureau of Alcohol, Tobacco,\n10-0150\nFirearms and Explosives\nAssistant Director\nWashington, DC 20226\n99 New York Ave NE\nwww.atf.gov\n~ 1. 2014\nU.S. Department of Transportation\nPipeline and Hazardous Materials Administration\nAttention: Patricia Klinger, Deputy Director\nGovernmental, International and Public Affairs\n1200 New Jersey Avenue, SE\nMail Stop E27-330\nWashington, DC 20590\nDear Ms. Klinger:\nWe understand that your agency issues Hazardous Materials Regulations and that these regulations have\ndefined electroshock weapons (further identified as Taser Conducted Electrical Weapons) as dangerous\ngoods, which are prohibited on commercial aircraft within the United States.\nThis regulation is causing a significant hardship for the Bureau of Alcohol, Tobacco, Firearms, and\nExplosives (ATF). The nearly two thousand special agents employed by ATF are assigned the duties of\nenforcing the federal firearm and explosives laws specifically targeting the nation's most violent\ncriminals. All of our agents are issued firearms and required to be available for duty at any time. In\naddition, ATF has five full-time Special Response Teams (SRT) based around the country to facilitate\nthe high risk law enforcement operations that ATF agents are frequently involved in. ATF agents and\nSRT members are also issued less lethal devices, which include the Taser Conducted Electrical\nWeapons (CEW). In fact, ATF was one of the first federal agencies to issue and use the Taser CEW as a\nuse of force option for its agents.\nATF special agents often use commercial airlines when traveling to do their jobs. ATF agents are\nrequired by agency policy and allowed by federal law to carry firearms on their person while traveling\non commercial airlines, yet are not allowed to carry their government issued Taser CEWs on their\nagencies at risk by not having access to their required defensive equipment both while flying and at their\ntravel destinations. In fact, ATF agents have been requested by airline employees to assist with the\nsubduing of unruly potentially dangerous passengers during flights on several occasions.\n\n<<<PAGE 4>>>\n\n-2-\nPatricia Klinger, Deputy Director\nThe ATF Special Response Teams average over 200 operations a year throughout the USA and its\nterritories. The Transportation Safety Agency (TSA) has specific regulations written into its operational\ndirectives expediting the check-in process of ATF-SRT equipment at airports due to the frequent travel\nof our agents; however, ATF-SRT has to ship its Taser CEWs to operational locations and may or may\nnot have these critical less lethal devices available due to time constraints.\nATF respects your agency's role in keeping airline travel safe. We have reviewed your documentation\nreflecting concerns with Taser CEWs containing lithium batteries and nitrogen firing mechanisms. ATF\nagents have been carrying and using Taser CEWs for 10 years with zero safety issues. We believe that\nTaser CEWs and their internal components are safe when carried by law enforcement officers on their\npersons onboard aircratt in conjunction with their firearms as well as when properly packed in baggage.\nWe hope that you can review this regulation to provide a remedy that will provide law enforcement\nofficers with an exception to allow carriage of Taser CEWs when traveling on commercial airlines.\nSincerely,\nAl Alua\n* Ronald B. Turk\nAssistant Director\nOffice of Field Operations\n\n<<<PAGE 5>>>\n\nBoothe, Deborah (PHMSA)\nFrom:\nSent:\nStevens, Michael (PHMSA)\nTo:\nWednesday, September 03; 2014 10:30 AM\nCc:\nMuller, Christopher; Muller, Christopher\nBenedict, Robert (PHMSA); Suchak, Neal (PHMSA); DerKinderen, Dirk (PHMSA); Foster,\nGlenn (PHMSA); Klinger, Patricia (PHMSA); Boothe, Deborah (PHMSA)\nSubject:\nRE: Electro-shock weapons carried by LOEs on aircraft\nChris- That was a great explanation. That said, we will issue the letters to DOI, DOJ (BATF), and Taser with your\nrevision. Thanks again!\nMichael\nFrom: Muller, Christopher [mailto: Christopher.Muller@ole.tsa.dhs.gov]\nSent: Wednesday, September 03, 2014 10:06 AM\nTo: Stevens, Michael (PHMSA); Muller, Christopher\nPatricia (PHMSA)\nCc: Benedict, Robert (PHMSA); Suchak, Neal (PHMSA); DerKinderen, Dirk (PHMSA); Foster, Glenn (PHMSA); Klinger,\nSubject: RE: Electro-shock weapons carried by LOEs on aircraft\nMichael,\nThere are two aspects that I believe are central to the issue, one is the electro-shock device and that the change should\nbe broadly written to encompass all (within reason) devices rather than giving Taser an unfair advantage; and two that\nother issued equipment (e.g. flashlights, sighting devices, night vision, etc) that may contain hazmat are likewise granted\nan exemption. The pressurized devices I refer to is simply addressing non-aerosol dispersants of chemical or natural\nirritants and has no reference to the nitrogen charge in the Taser cartridge.\nThanks again\nChris\nREGARDS,\nChristopher Mutter\nSUPERVISORY FEDERAL AIR MARSHAL\nTSA OFFICE OF LAW ENFORCEMENT\nFederaL AIR MARSHAL SERVICE HeadQuarters\nLAW ENFORCEMENT LIAISON SECTION\nDESK 703.487.3255\nMOBILE 973.495.2292\nFAX 703.487.3305\nWARNING: This record may contain Sensitive Security Information that is controlled under 49 CFR parts 15 and 1520. No\nwith the written permission of the Administrator of the Transportation Security Administration or the Secretary of\npart of this record may be disclosed to persons without a \"need to know\", as defined in 49 CFR parts 15 and 1520, except\ndisclosure is governed by 5 U.S.C. 552 and 49 CFR parts 15 and 1520.\nTransportation. Unauthorized release may result in civil penalty or other action. For U.S. government agencies, public\n1\n\n<<<PAGE 6>>>\n\nWARNING: This record may contain Sensitive Security Information that is controlled under 49 CFR parts 15 and 1520. No\nwith the written permission of the Administrator of the Transportation Security Administration or the Secretary of\npart of this record may be disclosed to persons without a \"need to know\", as defined in 49 CFR parts 15 and 1520, except\nTransportation. Unauthorized release may result in civil penalty or other action. For U.S. government agencies, public\ndisclosure is governed by 5 U.S.C. 552 and 49 CFR parts 15 and 1520.\nNOTE: Information contained in FAM Service email or other documents from the FAM Service is Law Enforcement\nSensitive and intended for official use only. No portion of any document can be released to the media, the general public\nmaterial could adversely affect or jeopardize investigative activities.\nor sent over non-secure Internet servers. Release of any FAM Service correspondence or Law Enforcement Sensitive\nFrom: michael.stevens@dot.gov [mailto:michael.stevens@dot.gov]\nTo: Muller, Christopher\nSent: Thursday, August 28, 2014 12:27 PM\npatricia.klinger@dot.gov\nCc: robert.benedict@dot.gov; Neal.Suchak@dot.gov; Dirk.DerKinderen@dot.gov; Glenn.Foster@dot.gov;\nImportance: High\nSubject: Electro-shock weapons carried by LOEs on aircraft\nGood Afternoon Mr. Muller,\nI've attached three letters related to electro-shock weapons (e.g., Tasers) and the applicability of the Federal Hazardous\nMaterials Regulations (49 CFR Parts 171-180) on carriage by a Law Enforcement Officer (LEO) under the authority\nprovided by 49 CFR 1544.219. All three letters are identical and represent the Department's (FAA and PHMSA) position\non the matter. We wanted to be certain our assumptions were correct. Thanks in advance for your time.\nRegards,\nMichael\nMichael Stevens\nTransportation Specialist (Regulations)\nStandards and Rulemaking Division\nOffice of Hazardous Materials Safety\nPipeline and Hazardous Materials Safety Administration\nUS Department of Transportation\n1200 New Jersey Avenue, S.E. (E24-409)\nWashington, DC 20590\n(202) 366-8553\n3\n\n<<<PAGE 7>>>\n\nBoothe, Deborah (PHMSA)\nSent:\nFrom:\nBoothe, Deborah (PHMSA)\nSubiect:\nTo:\nTuesday, August 26, 2014 10:38 AN\nJerKinderen, Dirk (PHMSA); Benedict, Robert (PHMSA\nAttachments:\n14-0127 (FAA edits). docx\nFW: Tasers on planes\nImportance:\nHigh\nGood morning!\nAttached are the FAA edits on this interp letter Michael was reviewing for me! Michael has a couple of identical letters\nfrom different requesters, so, we now have a uniform response for all three letters! I will be moving this 14-0127 letter\nalong for your review today!\nHave a great day!\nDebbie\nFrom: Stevens, Michael (PHMSA)\nTo: Boothe, Deborah (PHMSA)\nSent: Tuesday, August 26, 2014 10:34 AM\nSubject: FW: Tasers on planes\nFYI\nFrom: Richard. Bornhorst@faa.gov [mailto:Richard.Bornhorst@faa.gov]\nTo: Stevens, Michael (PHMSA)\nSent: Friday, August 22, 2014 1:29 PM\nSubject: RE: Tasers on planes\nMichael,\nAttached are my edits. I think we are on the same page with this. In terms of a possible regulatory action, I guess we\ncan look at the next available miscellaneous rule or is HM-218H still available? If yo have any questions let me know. I\nam here until 4pm.\nRegards,\nRick\nFrom: Stevens, Michael (PHMSA)\nTo: Richard Bornhorst\nSent: Friday, August 22, 2014 12:43 PM\nSubject: FW: Tasers on planes\nImportance: High\nRick-Since you are out next week, I wanted to follow-up to see if you had a chance to look at my draft interp on\nelectro-shock weapons? Thanks again.\n1\n\n<<<PAGE 8>>>\n\nFederal Aviation Administration\nOffice: (202) 267-9443\nCell: (202) 731-9985\nFrom: Lawler, Gregory [mailto:greg lawler@ios.doi.gov]\nTo: Richard Bornhorst\nSent: Wednesday, August 20, 2014 3:25 PM\nSubject: Tasers on planes\nRichard,\nFollowing up, do you have any status on this issue?\nMany thanks,\nGreg\nGreg Lawler\nChief, Operations and Policy\nOffice of Law Enforcement and Security\nDepartment of the Interior\nWashington, D.C.\n(202) 208-1570\nGreg_Lawler@ios.doi.gov","truncated":false,"body_characters":12133}