[Federal Register Volume 77, Number 225 (Wednesday, November 21, 2012)]
[Notices]
[Pages 69926-69927]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-28252]
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DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
[Docket No. PHMSA-2009-0126; Notice No. 12-12]
Advisory Notice: Notice of Intent To Provide Compliance Date
Extension for Air-Passenger Notification of Hazardous Material
Restrictions
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.
ACTION: Advisory notice.
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SUMMARY: PHMSA and the Federal Aviation Administration's (FAA) Office
of Security and Hazardous Materials Safety hereby provide notification
of our intent to extend the compliance date for certain provisions
adopted in a January 19, 2011 final rule (PHMSA-2009-0126; 76 FR 3308)
by no less than one year beyond the current January 1, 2013 compliance
date in a future rulemaking action. This notice is intended to provide
the widest dissemination of our planned future action to all
potentially affected parties and to allow for development of a
collaborative approach to implementing air-passenger notifications
between interested government, commercial, and private entities.
FOR FURTHER INFORMATION CONTACT: Michael Stevens, Department of
Transportation, Pipeline and Hazardous Materials Safety Administration,
Standards and Rulemaking Division (PHH-10), (202) 366-8553, 1200 New
Jersey Avenue SE., Washington, DC 20590.
SUPPLEMENTARY INFORMATION:
I. Background
Section 175.25 of the Hazardous Materials Regulations (HMR; 49 CFR
Parts 171-180) prescribes the requirements for air-passenger
notification of hazardous materials restrictions. One primary purpose
for this regulation is to enhance public safety awareness regarding the
carriage of hazardous materials onboard aircraft, either as carry-on
items or in checked baggage. Improved public safety awareness
facilitates passenger compliance with applicable regulatory
requirements, thus enhancing overall aviation safety by reducing the
likelihood of inappropriate items being transported onboard aircraft.
On January 19, 2011, PHMSA amended 49 CFR 175.25 (PHMSA-2009-0126; 76
FR 3308). The amendments included requirements for passenger
notification during ticket purchase and flight check-in, and are
effective January 1, 2013. While PHMSA has the primary responsibility
for issuing 49 CFR regulations, the FAA has primary responsibility for
overseeing compliance with these regulations as they pertain to air
transport. Since publication of the January 19, 2011 final rule, PHMSA
and the FAA have received numerous inquiries regarding specific
interpretations of the amended requirements and the acceptability of
certain means of compliance with the revised regulations. This notice
responds to administrative appeals that request up to a two-year
extension of the compliance date of the adopted passenger notification
provisions under Sec. 175.25 of the HMR.
II. Public Meeting
Subsequent to issuance of the January 19, 2011 final rule, PHMSA
and the FAA received numerous written and oral comments requesting
additional time for affected entities to implement the new provisions
in a more effective and cooperative manner. As a result, a public
meeting was held on August 16, 2012, in Washington, DC, to discuss
issues and concerns of participants and regulators alike. Consequently,
PHMSA and the FAA jointly announced that we seek further collaboration
with the air-passenger transportation community in defining what
constitutes compliance with the new provisions, to reduce or eliminate
any ambiguities, and to bring more transparency to the process.
III. Conclusion
PHMSA and FAA agree that delaying the full compliance date of
revised Sec. 175.25 is warranted, particularly if a
[[Page 69927]]
delay supports the implementation of more effective methods for
increasing passenger awareness of, and compliance with, the HMR.
Additionally, we acknowledge that better notification of industry
stakeholders is necessary if we wish to gain widespread support of the
collaborative approach to implementing effective and value-added
solutions as discussed during the August 16, 2012 public meeting.
Therefore, PHMSA and FAA are providing this notification of our
intent to extend in a future rulemaking action, the compliance date by
no less than one year, beyond the current January 1, 2013 compliance
date. We look forward to collaborating with all interested parties as
we move forward to address this issue and enhance aviation safety.
Issued in Washington, DC on November 15, 2012 under authority
delegated in 49 CFR Part 106.
Magdy El-Sibaie,
Associate Administrator for Hazardous Materials Safety, Pipeline and
Hazardous Materials Safety Administration.
[FR Doc. 2012-28252 Filed 11-20-12; 8:45 am]
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