Interpretation Response #13-0058 ([The Council on Safe Transportation of Hazardous Articles, Inc.] [Ms. Lara Currie])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: The Council on Safe Transportation of Hazardous Articles, Inc.
Individual Name: Ms. Lara Currie
Location State: VA Country: US
View the Interpretation Document
Response text:
July 11. 2013
Ms. Lara Currie
Administrator
The Council on Safe Transportation
of Hazardous Articles, Inc.
7803 Hill House Court
Fairfax Station, VA 22039
Ref. No. 13-0058
Dear Ms. Currie:
This responds to our March 7, 2013 telephone conversation and your subsequent letter requesting clarification of the recently adopted passenger notification requirements under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). The amendments to the passenger notification provisions in § 175.25 were originally adopted in a January 19, 2011 final rule under Docket PHMSA-2009-0126 (HM-215K; 76 FR 3308). On January 7, 2013, the effective date for provisions adopted in the final rule was extended to January 1, 2015 as a result of administrative appeals and a public meeting held in Washington, DC on August 16, 2012. In your letter, you inquire whether the Pipeline and Hazardous Materials Safety Administration (PHMSA) intended the § 175.25(b) requirement to be applicable to passenger notification by telephone. It is your understanding that such a requirement is not consistent with the passenger notification provisions recently adopted in Part 7; 5 of the International Civil Aviation Organization’s Technical Instructions for the Safe Transport of Dangerous Goods by Air (ICAO Technical Instructions).
Section 175.25(b) explicitly references purchase by telephone as a means of purchasing a ticket remotely. Therefore, as written, the § 175.25(b) passenger notification and acknowledgement requirements apply when purchasing a ticket by telephone and this is generally consistent with Part 7; 5.1.1 of the ICAO Technical Instructions. However, as you have correctly pointed out, the effective date for these requirements has been extended to January 1, 2015 as adopted in a final rule published on January 7, 2013 (HM-215K Administrative Appeals; 78 FR 1101). The Federal Aviation Administration (FAA) has chartered an Aviation Rulemaking Committee (ARC) on Passenger Notification of Hazardous Materials Regulations and we note that The Council on Safe Transportation of Hazardous Articles, Inc. (COSTHA) is participating. Before these requirements become effective, the ARC will develop consistent and effective messages for disseminating hazardous materials information to passengers. We believe this work will enhance the airline industry’s ability to comply with these requirements and we appreciate your willingness to participate.
This response was coordinated with the Federal Aviation Administration’s Office of Security and Hazardous Materials Safety.
Thank you for your continued interest in this matter. If you have any questions regarding the handling of your request, please feel free to contact me directly on (202) 366-8553.
Sincerely,
Charles E. Betts
Director
Standards and Rulemaking Division
175.25
Regulation Sections
| Section | Subject |
|---|---|
| 175.25 | Passenger notification system |