[Federal Register Volume 77, Number 225 (Wednesday, November 21, 2012)]
[Pages 69926-69927]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-28252]



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 

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA), 

ACTION: Advisory notice.


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.


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]