U.S. Department of Justice — Hazardous Materials Safety Interpretation

Page 1of Transportatior U.S. Department Washington, D.C. 20590 1200 New Jersey Avenue, SE laterials Safet ipeline and Hazardou Administration OCT 0 1 2014 Ronald B. Turk Assistant Director Office of Field Operations U.S. Department of Justice Bureau of Alcohol, Tobacco, Firearms and Explosives 99 New York Ave., NE Washington, DC 20226 Ref. No. 14-0150 Dear Mr. Turk: This responds to your request for clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask if Taser Brand conducted electrical weapons (CEW) and CEW cartridges are authorized by the HMR to be carried aboard a passenger- carrying aircraft by armed law enforcement officers (LEO) under the authority provided in 49 CFR 1544.219. You are concerned because Part 8, § 1.1.1 of the International Civil Aviation Organization's (ICAO) Technical Instructions for the Safe Transport of Dangerous Goods by Air (ICAO Technical Instructions) was recently revised to prohibit electro-shock weapons carried by passengers and crew members, U.S. airlines are now refusing to allow armed LEOs the ability to carry such weapons aboard passenger-carrying aircraft. Provided the conditions of 49 CFR 1544.219 are met, an armed LEO is authorized under § 173.54(f) of the HMR to carry a loaded firearm aboard a passenger-carrying aircraft. Under § 175.1, such authorization applies to any aircraft of U.S. registry anywhere in air commerce. However, unlike a loaded firearm, an electro-shock weapon may contain explosive charges, compressed gases, and lithium batteries. No exceptions for the carriage of electro-shock weapons by LEOs are provided under the HMR. Unlike Part 8 of the ICAO Technical Instructions, § 175.10 of the HMR only specifies what hazardous materials are permitted to be transported by a passenger or crew member. In other words, unless an exception is explicitly provided by the HMR (e.g., an armed LEO traveling under 49 CFR 1544.219), all hazardous materials are prohibited in passenger or crew member baggage or when carried on one's person.#

Page 2Thank you for bringing this to our attention. We recognize the importance of the duties performed by LEOs and we intend to address the issue in a future rulemaking action. Please contact us if we can be of further assistance. Sincerely, T. Glenn Foster Chief, Regulatory Review and Reinvention Standards and Rulemaking Division ....#

Page 3stevens [75.10 U.S. Department of Justice Ежсерном Bureau of Alcohol, Tobacco, 10-0150 Firearms and Explosives Assistant Director Washington, DC 20226 99 New York Ave NE www.atf.gov ~ 1. 2014 U.S. Department of Transportation Pipeline and Hazardous Materials Administration Attention: Patricia Klinger, Deputy Director Governmental, International and Public Affairs 1200 New Jersey Avenue, SE Mail Stop E27-330 Washington, DC 20590 Dear Ms. Klinger: We understand that your agency issues Hazardous Materials Regulations and that these regulations have defined electroshock weapons (further identified as Taser Conducted Electrical Weapons) as dangerous goods, which are prohibited on commercial aircraft within the United States. This regulation is causing a significant hardship for the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF). The nearly two thousand special agents employed by ATF are assigned the duties of enforcing the federal firearm and explosives laws specifically targeting the nation's most violent criminals. All of our agents are issued firearms and required to be available for duty at any time. In addition, ATF has five full-time Special Response Teams (SRT) based around the country to facilitate the high risk law enforcement operations that ATF agents are frequently involved in. ATF agents and SRT members are also issued less lethal devices, which include the Taser Conducted Electrical Weapons (CEW). In fact, ATF was one of the first federal agencies to issue and use the Taser CEW as a use of force option for its agents. ATF special agents often use commercial airlines when traveling to do their jobs. ATF agents are required by agency policy and allowed by federal law to carry firearms on their person while traveling on commercial airlines, yet are not allowed to carry their government issued Taser CEWs on their agencies at risk by not having access to their required defensive equipment both while flying and at their travel destinations. In fact, ATF agents have been requested by airline employees to assist with the subduing of unruly potentially dangerous passengers during flights on several occasions.#

Page 4-2- Patricia Klinger, Deputy Director The ATF Special Response Teams average over 200 operations a year throughout the USA and its territories. The Transportation Safety Agency (TSA) has specific regulations written into its operational directives expediting the check-in process of ATF-SRT equipment at airports due to the frequent travel of our agents; however, ATF-SRT has to ship its Taser CEWs to operational locations and may or may not have these critical less lethal devices available due to time constraints. ATF respects your agency's role in keeping airline travel safe. We have reviewed your documentation reflecting concerns with Taser CEWs containing lithium batteries and nitrogen firing mechanisms. ATF agents have been carrying and using Taser CEWs for 10 years with zero safety issues. We believe that Taser CEWs and their internal components are safe when carried by law enforcement officers on their persons onboard aircratt in conjunction with their firearms as well as when properly packed in baggage. We hope that you can review this regulation to provide a remedy that will provide law enforcement officers with an exception to allow carriage of Taser CEWs when traveling on commercial airlines. Sincerely, Al Alua * Ronald B. Turk Assistant Director Office of Field Operations#

Page 5Boothe, Deborah (PHMSA) From: Sent: Stevens, Michael (PHMSA) To: Wednesday, September 03; 2014 10:30 AM Cc: Muller, Christopher; Muller, Christopher Benedict, Robert (PHMSA); Suchak, Neal (PHMSA); DerKinderen, Dirk (PHMSA); Foster, Glenn (PHMSA); Klinger, Patricia (PHMSA); Boothe, Deborah (PHMSA) Subject: RE: Electro-shock weapons carried by LOEs on aircraft Chris- That was a great explanation. That said, we will issue the letters to DOI, DOJ (BATF), and Taser with your revision. Thanks again! Michael From: Muller, Christopher [mailto: Christopher.Muller@ole.tsa.dhs.gov] Sent: Wednesday, September 03, 2014 10:06 AM To: Stevens, Michael (PHMSA); Muller, Christopher Patricia (PHMSA) Cc: Benedict, Robert (PHMSA); Suchak, Neal (PHMSA); DerKinderen, Dirk (PHMSA); Foster, Glenn (PHMSA); Klinger, Subject: RE: Electro-shock weapons carried by LOEs on aircraft Michael, There are two aspects that I believe are central to the issue, one is the electro-shock device and that the change should be broadly written to encompass all (within reason) devices rather than giving Taser an unfair advantage; and two that other issued equipment (e.g. flashlights, sighting devices, night vision, etc) that may contain hazmat are likewise granted an exemption. The pressurized devices I refer to is simply addressing non-aerosol dispersants of chemical or natural irritants and has no reference to the nitrogen charge in the Taser cartridge. Thanks again Chris REGARDS, Christopher Mutter SUPERVISORY FEDERAL AIR MARSHAL TSA OFFICE OF LAW ENFORCEMENT FederaL AIR MARSHAL SERVICE HeadQuarters LAW ENFORCEMENT LIAISON SECTION DESK 703.487.3255 MOBILE 973.495.2292 FAX 703.487.3305 WARNING: This record may contain Sensitive Security Information that is controlled under 49 CFR parts 15 and 1520. No with the written permission of the Administrator of the Transportation Security Administration or the Secretary of part of this record may be disclosed to persons without a "need to know", as defined in 49 CFR parts 15 and 1520, except disclosure is governed by 5 U.S.C. 552 and 49 CFR parts 15 and 1520. Transportation. Unauthorized release may result in civil penalty or other action. For U.S. government agencies, public 1#

Page 6WARNING: This record may contain Sensitive Security Information that is controlled under 49 CFR parts 15 and 1520. No with the written permission of the Administrator of the Transportation Security Administration or the Secretary of part of this record may be disclosed to persons without a "need to know", as defined in 49 CFR parts 15 and 1520, except Transportation. Unauthorized release may result in civil penalty or other action. For U.S. government agencies, public disclosure is governed by 5 U.S.C. 552 and 49 CFR parts 15 and 1520. NOTE: Information contained in FAM Service email or other documents from the FAM Service is Law Enforcement Sensitive and intended for official use only. No portion of any document can be released to the media, the general public material could adversely affect or jeopardize investigative activities. or sent over non-secure Internet servers. Release of any FAM Service correspondence or Law Enforcement Sensitive From: michael.stevens@dot.gov [mailto:michael.stevens@dot.gov] To: Muller, Christopher Sent: Thursday, August 28, 2014 12:27 PM patricia.klinger@dot.gov Cc: robert.benedict@dot.gov; Neal.Suchak@dot.gov; Dirk.DerKinderen@dot.gov; Glenn.Foster@dot.gov; Importance: High Subject: Electro-shock weapons carried by LOEs on aircraft Good Afternoon Mr. Muller, I've attached three letters related to electro-shock weapons (e.g., Tasers) and the applicability of the Federal Hazardous Materials Regulations (49 CFR Parts 171-180) on carriage by a Law Enforcement Officer (LEO) under the authority provided by 49 CFR 1544.219. All three letters are identical and represent the Department's (FAA and PHMSA) position on the matter. We wanted to be certain our assumptions were correct. Thanks in advance for your time. Regards, Michael Michael Stevens Transportation Specialist (Regulations) Standards and Rulemaking Division Office of Hazardous Materials Safety Pipeline and Hazardous Materials Safety Administration US Department of Transportation 1200 New Jersey Avenue, S.E. (E24-409) Washington, DC 20590 (202) 366-8553 3#

Page 7Boothe, Deborah (PHMSA) Sent: From: Boothe, Deborah (PHMSA) Subiect: To: Tuesday, August 26, 2014 10:38 AN JerKinderen, Dirk (PHMSA); Benedict, Robert (PHMSA Attachments: 14-0127 (FAA edits). docx FW: Tasers on planes Importance: High Good morning! Attached are the FAA edits on this interp letter Michael was reviewing for me! Michael has a couple of identical letters from different requesters, so, we now have a uniform response for all three letters! I will be moving this 14-0127 letter along for your review today! Have a great day! Debbie From: Stevens, Michael (PHMSA) To: Boothe, Deborah (PHMSA) Sent: Tuesday, August 26, 2014 10:34 AM Subject: FW: Tasers on planes FYI From: Richard. Bornhorst@faa.gov [mailto:Richard.Bornhorst@faa.gov] To: Stevens, Michael (PHMSA) Sent: Friday, August 22, 2014 1:29 PM Subject: RE: Tasers on planes Michael, Attached are my edits. I think we are on the same page with this. In terms of a possible regulatory action, I guess we can look at the next available miscellaneous rule or is HM-218H still available? If yo have any questions let me know. I am here until 4pm. Regards, Rick From: Stevens, Michael (PHMSA) To: Richard Bornhorst Sent: Friday, August 22, 2014 12:43 PM Subject: FW: Tasers on planes Importance: High Rick-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 electro-shock weapons? Thanks again. 1#

Page 8Federal Aviation Administration Office: (202) 267-9443 Cell: (202) 731-9985 From: Lawler, Gregory [mailto:greg lawler@ios.doi.gov] To: Richard Bornhorst Sent: Wednesday, August 20, 2014 3:25 PM Subject: Tasers on planes Richard, Following up, do you have any status on this issue? Many thanks, Greg Greg Lawler Chief, Operations and Policy Office of Law Enforcement and Security Department of the Interior Washington, D.C. (202) 208-1570 Greg_Lawler@ios.doi.gov#