Interpretation Response #15-0098 ([United States Department of Interior] [Mr. Greg Lawler])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: United States Department of Interior
Individual Name: Mr. Greg Lawler
Location State: DC Country: US
View the Interpretation Document
Response text:
June 25, 2015
Mr. Greg Lawler
Chief, Operations and Policy
Office of Law Enforcement and Security
United States Department of the Interior
1849 C Street, N.W.
Washington, D.C. 20240
Ref. No. 15-0098
Dear Mr. Lawler:
This responds to your request for further clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Previously, you asked if Taser Brand conducted electrical weapons (CEW) and CEW cartridges are authorized by the HMR to be carried aboard a passenger-carrying aircraft by law enforcement officers (LEO) under the authority provided in 49 CFR 1544.219. You were concerned because Part 8, § 1.1.1 of the International Civil Aviation Organization's Technical Instructions for the Safe Transport of Dangerous Goods by Air (ICAO TI) 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.
As previously stated in our October 1, 2014 letter to the Department of the Interior under Reference Number 14-0145, provided the conditions of 49 CFR 1544.219 are met, an armed LEO is authorized to carry accessible weapons (including loaded firearms and electro-shock weapons) aboard any passenger-carrying aircraft of U.S. registry anywhere in air commerce. Although no passenger or crew member exceptions for the carriage of electro-shock weapons are provided under § 175.10 of the HMR and Part 8 of the ICAO TI, accessible weapons, when carried by LEOs in accordance with 49 CFR 1544.219, are not subject to the requirements of the HMR.
We hope this further clarifies your concerns regarding the carriage of CEWs aboard aircraft. Currently, we are working closely with the Federal Aviation Administration and the Department of Homeland Security's Transportation Security Administration to clarify this issue. Please contact us if we can be of further assistance.
Sincerely,
T. Glenn Foster
Chief, Regulatory Review and Reinvention
Standards and Rulemaking Division
1.1.1, 175.10
Regulation Sections
| Section | Subject |
|---|---|
| 175.10 | Exceptions for passengers, crewmembers, and air operators |