FAA Issues Request for Public Comments on Hazmat Notification

On March 4, 2014 the Department of Transportation (USDOT) Federal Aviation Administration (FAA) issued a Notice of Availability in Federal Register (Volume 79, Number 42).  The FAA notice seeks comments from the public on the Aviation Rulemaking Committee’s (ARC) recommendations that would establish an “acceptable and effective means” for air carriers to advise travelers of the hazardous materials regulations applicable during their flight.

Experts on behalf of air carriers, pilots, flight attendants, the travel industry, the FAA, and the Pipeline and Hazardous Materials Safety Administration make up the Aviation Rulemaking Committee.  The ARC, as requested by the FAA, previously released a detailed guidance report for airline industry carriers to communicate hazardous material regulations to passengers in addition to issuing a proposed “Advisory Circular” that examined several ways for air transporters to comply with passenger notification regulations.

In particular, the committee asks the general public for feedback from those subject to passenger notification regulations prescribed by U.S. Hazardous Materials, 49 CFR §175.25 (see sidebar please).  Doing so will assist the ARC in the development of the final Advisory Circular.  The ARC will examine and take into account all comments collected in its final recommendation to the FAA.

What does this mean to me?:

Passengers must be aware of the federal restrictions/information/penalties regarding hazmat as communicated by the airline carriers.  We have all gone through the airline process of being read federal flight policy with regards to carrying hazmat on your person and the strict rules that must be followed.  The FAA is trying to ensure that airlines are doing this in the most effective way possible to ensure air travel safety (see link below regarding charter).  The rules include:

  • Federal law forbids the carriage of hazardous materials aboard aircraft in your luggage or on your person. A violation can result in five years’ imprisonment and penalties of $250,000 or more (49 U.S.C. 5124). Hazardous materials include explosives, compressed gases, flammable liquids and solids, oxidizers, poisons, corrosives and radioactive materials. Examples: Paints, lighter fluid, fireworks, tear gases, oxygen bottles, and radio-pharmaceuticals.
  • There are special exceptions for small quantities (up to 70 ounces total) of medicinal and toilet articles carried in your luggage and certain smoking materials carried on your person. For further information contact your airline representative. 
  • Ticket purchase. During the ticket purchase process, regardless if the process is completed remotely (e.g., via the Internet or phone) or when completed at the airport, with or without assistance from another person (e.g., automated check-in facility), the aircraft operator must ensure that information on the types of hazardous materials a passenger is forbidden to transport aboard an aircraft is provided to passengers. Information may be in text or in pictorial form and, effective January 1, 2015, must be such that the final ticket purchase cannot be completed until the passenger or a person acting on the passenger’s behalf has indicated that it understands the restrictions on hazardous materials in baggage. 
  • Check-in. Effective January 1, 2015, when the flight check-in process is conducted remotely (e.g., via the Internet or phone) or when completed at the airport, without assistance from another person ( e.g., automated check-in kiosk), the aircraft operator must ensure that information on the types of hazardous materials a passenger is forbidden to transport aboard an aircraft is provided to passengers. Information may be in text or in pictorial form and should be such that the check in process cannot be completed until the passenger or a person acting on the passenger’s behalf has indicated that it understands the restrictions on hazardous materials in baggage. 
  • Signage. When the check in process is not conducted remotely (e.g., at the airport with the assistance of an airline representative), passenger notification of permitted and forbidden hazardous materials may be completed through signage (electronic or otherwise), provided it is legible and prominently displayed. 

As an fyi: The ARC charter document is here

49 CFR § 175.25
Notification at air passenger facilities of hazardous materials restrictions. (a) Notices of requirements. Each person who engages in for-hire air transportation of passengers must display notices of the requirements applicable to the carriage of hazardous materials aboard aircraft, and the penalties for failure to comply with those requirements in accordance with this section. Each notice must be legible, and be prominently displayed so it can be seen by passengers in locations where the aircraft operator issues tickets, checks baggage, and maintains aircraft boarding areas.

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