Interpretation Response #03-0314 ([Transportation Security Administration] [Mr. Mark Lendvay])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Transportation Security Administration
Individual Name: Mr. Mark Lendvay
Location State: WI Country: US
View the Interpretation Document
Response text:
November 5, 2004
Mr. Mark Lendvay Reference No. 03-0314
Assistant Federal Security
Director, Inspections - MKE
Aviation Security Division
Transportation Security Administration
5007 South Howell Avenue, Suite 200
Milwaukee, WI 53207
Dear Mr. Lendvay:
This is in response to your letter asking if a firearm magazine containing small-arms ammunition for personal .se meets the requirement of a packaging, excluding carry-on baggage, for transportation by aircraft under § 175. 10(a)(5) of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). We apologize for the delay in responding to your letter and any inconvenience this may have caused. We have paraphrased your questions and answered them in the order provided:
Q1. Section 175.10(a)(5) states small-arms ammunition transported by aircraft for personal use carried by a crew member or passenger in his baggage, excluding carry-on baggage, may be securely packed in fiber, wood, or metal boxes, or other packagings specifically designed to carry small amounts of ammunition. Is a gun magazine, clip, or speed loader that contains small-arms ammunition considered an "other packaging" under this provision?
Al. The exception in § 175.10(a)(5) does not specifically include firearm magazines, clips, or speed loaders. Generally, firearm magazines, clips, or speed loaders are not fully enclosed and do not satisfy the packaging requirements of § 175.10(a}(5). However, if one of these devices provides a complete and secure enclosure of the ammunition, e.g., with a metal, plastic, or cardboard "oversleeve" designed to fit the magazine, clip, or speed loader, it would satisfy the requirements of 175.l0(a)(5).
Section 171.11 authorizes the use of the International Civil Aviation Organization"s Technical Instructions for the Safe Transportation of Dangerous Goods by Air (ICAO Technical Instructions) as an alternative to the requirements prescribed in the HMR for air shipments, with certain exceptions. The ICAO Technical Instructions restrict the amount per package and type of small arms cartridges that may be transported aboard aircraft. Small arms cartridges, in Division 1.4S, may be carried in checked baggage only in quantities not exceeding 5 kg (11 pounds) per person with the approval of the aircraft operator. See Part 8, paragraph 1.1.2. of the ICAO Technical Instructions.
Q2. If a passenger presents to the aircraft carrier his or her checked baggage with a declared and unloaded firearm, with associated small-arms ammunition contained inside either a firearm magazine, clip, or speed loader, does it meet the exception in § 175.1O(a)(5) for transportation in air commerce?
A2. Provided the passenger is not a law enforcement officer subject to the provisions of § 1544.219 for transporting accessible weapons, the answer is the same as in Answer Al.
Q3. If a metal magazine, clip, or speed loader containing small-arms ammunition does not meet the regulatory requirements in § 175.l0(a)(5), please provide examples of other packagings that will meet this requirement.
A3. Same answer as in Answer Al.
I hope this satisfies your request.
Sincerely,
Hattie L. Mitchell, Chief
Regulatory Review and Reinvention
Office of Hazardous Materials Standards
175.10(a)(5)
Regulation Sections
| Section | Subject |
|---|---|
| 175.10 | Exceptions for passengers, crewmembers, and air operators |