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Interpretation Response #03-0027

Below is the interpretation response detail and a list of regulations sections applicable to this response.

Interpretation Response Details

Response Publish Date: 02-13-2003
Individual Name: William Wilkening
Country: US

View the Interpretation Document

Response text:

Date:    Feb 13 , 2003               Reply to Attn. of: Ref. No. 03-0027          Ref. No. 03-0027

Subject:     INFORMATION: Definition of "on one's person"

From:    Edward T. Mazzullo, Director
Office of Hazardous Materials Standards

To:    William Wilkening
Dangerous Goods Program

This is in response to your memo requesting clarification of the phrase "on one's person" as used in 49 CFR 175.10(a)(10). At issue is whether a lighter or pack of matches must be in a person's clothing, such as in a pocket, to be "on one's person" for carriage by a passenger onto an aircraft.

Section 175.10(a)(10) excepts from the HMR safety matches or lighters intended for use by an individual when carried "on one's person." It is the opinion of this office that the term "on one's person" includes any item carried aboard an aircraft by a passenger, including what would otherwise be construed as "carry-on baggage." Therefore, a passenger is authorized to carry safety matches or lighters onto an aircraft in their clothing, carry-on baggage, fanny pack, purse, or any other item under their control. However, the phrase "on one's person" does not include those items which are considered "checked baggage."

I trust this satisfies your inquiry. If this Office can be of further assistance, please contact us.



Regulation Sections

Section Subject
§ 175.1 Purpose, scope and applicability