{"operation":"document","citation":"15-0098","title":"United States Department of Interior — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2015-06-25","effective_on":null,"summary":"15-0098 response to United States Department of Interior concerning 175.10.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-15-0098.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-15-0098.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-15-0098","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2015/150098.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nWashington. DC 20590\n1200 New Jersey Avenue SE\nPipeline and Hazardous\nAdministration\nMaterials Safety\nJUN 2 5 2015\nMr. Greg Lawler\nChief, Operations and Policy\nOffice of Law Enforcement and Security\nUnited States Department of the Interior\n1849 C Street, N. W.\nWashington, D.C. 20240\nRef. No. 15-0098\nDear Mr. Lawler:\nThis responds to your request for further clarification of the Hazardous Materials\nRegulations (HMR; 49 CFR Parts 171-180). Previously, you asked if Taser Brand\nconducted electrical weapons (CEW) and CEW cartridges are authorized by the HMR to be\ncarried aboard a passenger-carrying aircraft by law enforcement officers (LEO) under the\nauthority provided in 49 CFR 1544.219. You were concerned because Part 8, § 1.1.1 of the\nInternational Civil Aviation Organization's Technical Instructions for the Safe Transport of\nDangerous Goods by Air (ICAO TI) was recently revised to prohibit electro-shock weapons\ncarried by passengers and crew members, U.S. airlines are now refusing to allow armed\nLEOs the ability to carry such weapons aboard passenger-carrying aircraft.\nAs previously stated in our October 1, 2014 letter to the Department of the Interior under\nReference Number 14-0145, provided the conditions of 49 CFR 1544.219 are met, an armed\nLEO is authorized to carry accessible weapons (including loaded firearms and electro-shock\nweapons) aboard any passenger-carrying aircraft of U.S. registry anywhere in air\ncommerce. Although no passenger or crew member exceptions for the carriage of electro-\nshock weapons are provided under § 175.10 of the HMR and Part 8 of the ICAO TI,\naccessible weapons, when carried by LEOs in accordance with 49 CFR 1544.219, are not\nsubject to the requirements of the HMR.\nWe hope this further clarifies your concerns regarding the carriage of CEWs aboard aircraft:\nCurrently, we are working closely with the Federal Aviation Administration and the\nDepartment of Homeland Security's Transportation Security Administration to clarify this\nissue. Please contact us if we can be of further assistance.\nSincerely,\nInn rosta\nT. Glenn Foster\nChief, Regulatory Review and Reinvention\nStandards and Rulemaking Division\n\n<<<PAGE 2>>>\n\nException for passengeso\nStevers\n$/75.10\n15-0028\nKlinger, Patricia (PHMSA); Bornhorst, Richard <FAA>; DerKinderen; Dirk (PHMSA); Benedict, Robert (PHMSA); Stevens, Michael\nTo summarize our discussion, you are going to issue a letter soon to better clarify the regulations. This letterhead response/clarification of regulations\ncould then be presented to any airline to resolve issues that are impeding law enforcement officers from performing their duties while flying armed\nand while also carrying Tasers. The prompt issuance of this letter could immediately resolve most issues thereby allowing you time to adjust/clarify\nThank you for holding the conference call on April 1 to discuss the carriage of Tasers on aircraft. We appreciate and are encouraged by your\nthe existing regulations through the rulemaking process and also establish new policies or regulations to address carriage of Tasers in checked\nIn the short term, you agreed to send us a draft of your proposed clarification letter for final review. We await this draft.\nAgain, we really appreciate your support in promptly resolving this issue and look forward to your correspondence.\nLawler, Gregory <greg_lawler@ios.doi.gov>\nWednesday, April 15, 2015 11:50 AM\n(PHMSA); Foster, Glenn (PHMSA)\nTasers on aircraft\ncommitment to promptly resolving this issue.\nOffice of Law Enforcement and Security\nStevens, Michael (PHMSA)\nChief, Operations and Policy\nDepartment of the Interior\nGreg_ Lawler@ios.doi.gov\nFrom:\nSent:\nTo:\nSubject:\nbaggage.\nMany thanks,\nGreg Lawler\nWashington, D.C.\n(202) 208-1570\nAll,","truncated":false,"body_characters":3790}