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Passenger Notification of Hazardous Materials Regulations 

Aviation Rulemaking Committee (ARC) Membership 

Recommendations to the FAA Assistant Administrator of the Office of 

Security and Hazardous Materials Safety 

 

Recommendations on 49 CFR 175.25 Notification at Air Passenger Facilities of 

Hazardous Materials Restrictions 

 

November 1, 2013 

 
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Executive Summary 

In order to obtain stakeholder recommendations for improving passenger awareness of hazardous 

materials restrictions, the FAA Administrator chartered the Passenger Notification of Hazardous 

Materials Regulations Aviation Rulemaking Committee (ARC) in April 2013. The 

recommendations of the Passenger Notification of Hazardous Materials Regulations ARC are 

based on regulations promulgated by the Pipeline and Hazardous Materials Safety 

Administration (PHMSA). These regulations require the air operator to provide notification to 

passengers on hazardous materials restrictions at the time of ticket purchase and during check-in. 

These regulations are found in Title 49 Code of Federal Regulations (CFR) 175.25 and recent 

amendments and will become effective on January 1, 2015. 

The Passenger Notification of Hazardous Materials Regulations ARC was chartered to assist the 

Federal Aviation Administration (FAA) to develop an Advisory Circular (AC) that contains 

recommendations to the aviation industry on an acceptable means of compliance with passenger 

notification requirements as contained in 49 CFR 175.25, Notification at air passenger facilities 

of hazardous materials restrictions. 

Objectives of the ARC 

As noted above, this ARC was tasked to develop recommendations for a draft AC in order to 

establish an acceptable means of compliance with passenger notification requirements in 49 CFR 

175.25. In addition, the charter contained specific tasking as follows: 

- Develop recommendations on the hazardous materials information to be conveyed to 

passengers at the point of airline ticket purchase and check-in; and 

- Develop recommendations on the format of the hazardous materials information to be 

conveyed to passengers. Multiple formats may be proposed taking into account the 

various ways the ticket purchase and check-in may occur (e.g. internet, telephone, third 

party, etc.) and the different business arrangements that may exist (e.g. third party sales 

and ticketing, code sharing and group purchases). 

ARC Structure and Methodology 

Participation on the ARC was by invitation only and the FAA identified individuals with 

hazardous materials aviation expertise with an interest in aviation safety. The members included 

representatives from the following organizations: 

- Airlines for America (A4A) 

- Air Line Pilots Association, International (ALPA) 

- Coalition of Airline Pilots Associations (CAPA) 

- Council on the Safe Transportation of Hazardous Articles (COSTHA) 

- Association of Flight Attendants (AFA) 

- National Air Carrier Association (NACA) 

- Regional Airline Association (RAA) 
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- The Travel Technology Association (TTA), formerly known as Interactive Travel 

Services Association (ITSA) 

- American Society of Travel Agents (ASTA) 

- Pipeline and Hazardous Materials Safety Administration (PHMSA) 

- Federal Aviation Administration (FAA) 

The ARC was co-chaired by experts from COSTHA and A4A and the majority of the meetings 

were held in-person at A4A facilities. The ARC held monthly 2-day meetings for a total of six 

(6) meetings. The ARC also held various interim conference calls. 

The ARC determined that safety promotion can be enhanced by developing one comprehensive 

AC. A comprehensive AC that serves as a single standard for industry would foster consistency 

across all air operators with respect to the passenger notification and, thus, would improve the 

effectiveness of passenger notifications. On this basis, the ARC devoted most of the meeting 

time to developing the draft AC. 

In addition to the tasks outlined in the charter, the ARC identified a need to include various 

clarifications and to address issues related to compliance with 49 CFR 175.25 that were raised in 

a September 14, 2011 COSTHA request for interpretation and left open in a June 27, 2012 

PHMSA response (see Appendix 1). The PHMSA response contained clarifications and/or open 

issues on the following topics: 

- Notification of all passengers (ticketed and non-ticketed, revenue and non-revenue); 

- Arrangements between aircraft operators and third party travel organizations; 

- Passenger notification via telephone; 

- Arrangements during re-accommodation situation; 

- Notification of passengers in bulk purchase, charter flight, or similar situations; 

- Conveying hazardous materials safety information, including the information provided in 

49 CFR 175.25(a)(1) and (2); 

- Arrangements between foreign and domestic air carriers; and 

- Arrangements between aircraft operators and third party organizations. 

The ARC did discuss the regulatory construction of 49 CFR 175.25 in the context of developing 

the background section of the draft AC and discussed how the regulatory language could be 

improved in the future but did not incorporate these improvements in the draft AC. For the 

purposes of this ARC, the regulations contained in 49 CFR 175.25 were treated as static (i.e. will 

not change). Nonetheless, there are various issues highlighted in this report that make 

compliance difficult for air operators from a process and/or cost perspective. 

Outcome of the ARC 

The ARC developed a draft AC on passenger notification of hazardous materials regulations 

(Appendix 2) in order to address charter tasks and issues identified in the PHMSA interpretation 

letter. The ARC reached consensus on the majority of the draft AC. In some instances, general 

consensus was reached and, in such cases, majority and minority positions on certain items are 

noted in this report. 
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AC Layout and Recommendations 

The draft AC is broken down into four (4) parts and information and recommendations are 

provided throughout the AC as follows: 

Part A (Introduction) 

1. Subject – Title of the ARC used as subject line “Passenger Notification of Hazardous 

Materials Regulations”. 

2. Background – This section summarizes the regulatory history of passenger notification 

provisions. Although it was noted by many members of the ARC including the FAA cochair that an AC is by nature non-mandatory, the majority of the group felt that it was 

necessary to include a statement indicating that use of the AC is encouraged but not 

mandatory. 

3. Purpose – This section contains basic information on the purpose of the AC. It includes 

clarifications that use of the AC by air operators will constitute one means of compliance 

with 49 CFR 175.25 of the Hazardous Materials Regulations (HMR; 49 CFR 171-180) and 

Part 8 of the International Civil Aviation Organization’s Technical Instructions for the Safe 

Transport of Dangerous Goods by Air (ICAO TI) and that other approaches may also be used 

for compliance. 

4. Audience – The ARC agreed to limit the scope of the AC to Part 121 and Part 135 operators 

with a view that the guidance presented in the AC should provide a general means of 

compliance that would capture the majority of passenger travel. Although this AC was not 

developed with Part 125 operations in mind, the ARC recommends that this AC be used by 

Part 125 operations as guidance. 

5. Applicability – The applicability of the AC was limited to Part 121 and Part 135 operators. 

Part 129 operators were excluded on the basis that the FAA wanted the AC to focus on 

domestic operations. Nonetheless, Part 129 operators are subject to Part 8 of the ICAO TI 

and may use this AC as guidance. Part 91 operators were also excluded because they are 

generally prohibited from for hire operations under FAA regulations. 

6. How to use this AC – This section contains basic information on how to use the AC. A 

clarification was added to this section indicating that an operator may choose to use all of the 

guidance in the AC or just part of it as applicable to their operations. For example, some 

operators do not sell passenger tickets via telephone and, therefore, the guidance on 

passenger notification at the time of ticket purchase by telephone would not apply. 

7. Regulatory References – This section contains information on regulatory material referenced 

in the AC. 
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8. Related Material – This section contains information on industry publications referenced in 

the AC. 

9. Definitions – This section contains various definitions used throughout the AC. Some of the 

definitions were developed based on definitions found in 14 CFR, 49 CFR, International Air 

Transport Association (IATA) documents, etc. Other definitions were created to simplify use 

of the AC or to clarify the applicability of various sections of the AC. 

The ARC discussed at length whether or not to include a “ticket seller” definition and if so 

how to define the term. An observation was made that 49 CFR 175.25 applies to aircraft 

operators only and the term “ticket seller” should not need to be defined since it might be 

self-explanatory. Use of the “ticket agent” definition from the Aviation Code was also 

considered; however, the ARC was of the view that this definition was too broad and, 

therefore, should not be used. The ARC agreed to define "ticket seller" in a narrow way by 

focusing on just the ticket selling function since ticket purchase triggers the passenger 

notification requirement. 

The ARC also discussed the need to include a definition of barter tickets and it was 

concluded that no such definition is required for the purposes of the AC. As described by 

one member of the ARC, a barter ticket (or card) is issued to authorized organizations with 

whom the air operator has a contract for an exchange of goods and/or services. Essentially 

the barter ticket (or card) acts like a credit card and this option would not affect the need to 

notify the passenger of hazardous materials restrictions since such travelers will go through 

the ticket purchase and/or check-in process along with everyone else. 

10. Basic Regulatory Requirements – This section contains, in tabular form, the basic regulatory 

requirements for passenger notification as contained in 49 CFR 175.25. 

Part B (Implementation Guidance for Part 121 Operators)

11. Part 121 Operations – This section contains a basic description of Part 121 operations 

including a breakdown of the various methods that may be used for ticket purchase and 

check-in. For the purposes of this AC, passenger transactions are categorized as either 

“assisted” or “unassisted” based upon whether or not a live person assists in the transaction. 

The ARC reached a general consensus that “assisted” transactions are costly and afford the 

operator (and ticket sellers) little opportunity to provide detailed hazardous materials 

information to the passenger and, therefore, shorter messages and alternate delivery methods 

are proposed for those transactions. Conversely, for “unassisted” transactions more detailed 

hazardous materials information may be given to the passenger. The majority of the ARC 

was of the view that lengthy messages to passengers during assisted transactions may 

significantly increase the cost of each transaction. 

The ARC discussed carry-on baggage that ends up becoming gate checked. Often passengers 

will have oxygen bottles and lithium batteries in their carry-on baggage. Oxygen bottles are 

allowed through TSA security check points when carried by passengers with disabilities (14 
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CFR 382); however, passengers need to be aware that while it is acceptable to bring oxygen 

to the gate, it is not acceptable to carry-on or gate check oxygen. All passengers with 

disabilities who need oxygen for medical reasons should contact the operator to make 

arrangements for supplied oxygen during the flight or, alternatively, they may carry on board 

an FAA approved Portable Oxygen Concentrator (POC). Similarly, spare lithium batteries 

may be in carry-on baggage; however, when a gate check is required the batteries must be 

removed from the baggage. On this basis, the ARC recommends including information on 

oxygen and lithium batteries in gate checked baggage as part of the passenger notification 

message. The information should also include a clear statement that certain lithium batteries 

installed in equipment are acceptable in gate checked baggage per operator policy. 

It is recommended that for the purposes of this AC gate checked baggage should be treated 

the same as checked baggage. 

It is recommended that when group travel is involved only the person acting on behalf of the 

group is required to receive and acknowledge the hazardous materials information; however, 

the person acting on behalf of the group is strongly encouraged to pass the information along 

to all members of the group. 

The ARC discussed code share operations and it was recognized that both marketing and 

operating carriers would fall under ICAO TI or the HMR. Code share ticketed passengers 

would receive their hazardous materials notification by the ticketing entity as they too would 

fall under ICAO TI or the HMR. Furthermore, the code share disclosure regulations for 

ticketless travel (14 CFR 257) require the notification to be provided no later than when the 

passenger checks in at the airport for the first flight in their itinerary. As long as the 

passenger receives the notification once during the journey, this should satisfy the 

notification requirement. On this basis, the ARC recommends not including detailed 

recommendations on code share operations and contract arrangements between air operators 

and third party ticket sellers. It is the responsibility of each air operator to ensure that a 

notification is given to each passenger and an acknowledgement is obtained from each 

passenger, and contract arrangements may vary. 

The ARC also discussed how to handle Rule 240, irregular operations and reaccommodation. Through discussions, it was decided that irregular operations need not be 

addressed in the AC as all ticketed passengers should have already received their notification 

at time of ticketing and during the check-in process. Passengers who have experienced any 

of the above situations and who have been re-accommodated to another airline would also be 

covered regardless of being a domestic or international carrier as they would either fall under 

the ICAO TI or the HMR. 

It is recommended that all airline employees working with passengers and/or their baggage 

be provided basic annual training on the carriage of permitted and forbidden hazardous 

materials, including training on the regulations contained in 49 CFR 175.10 and 49 CFR 

175.25. Consideration should be given to providing exceptions from the passenger 

notification requirements for trained airline employees flying as passengers on their 

company’s aircraft. 
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12. Types of Passenger Notification Elements – This section contains recommendations on basic 

elements of a passenger notification. Each notification may include information on 

categories of forbidden hazardous materials, specific examples of forbidden hazardous 

materials, and basic information on civil and/or criminal penalties for non-compliance. 

13. Applicability of Passenger Notification – This section outlines in a table format the 

applicability of the hazardous materials passenger notification requirements. The 

applicability of these requirements depends on whether or not a passenger is ticketed or 

generates revenue for the airline. Based on the PHMSA response, the ARC was of the view 

that 49 CFR 175.25 only applies to ticketed passengers; however, hazardous materials 

information should be provided to all passengers and supernumeraries. The ARC was also of 

the view that airline employees should have more in-depth training on the hazardous 

materials restrictions on an annual basis. As mentioned previously, completion of more indepth training could be a substitute for providing the hazardous materials information to nonticketed, non-revenue passengers and supernumeraries every time they travel. An issue was 

raised during discussions that certain airlines call themselves “ticketless” and could interpret 

this table to mean that 49 CFR 175.25 does not apply to their operations. In order to address 

this issue, the ARC agreed to specifically exclude ticketless airlines from the definition for 

non-ticketed revenue passengers so that it is clear such operations would be required to 

comply with 49 CFR 175.25 to the extent practicable. 

The majority of the ARC agreed to add two clarifying notes to this section in order to address 

situations in which ticket purchase and check-in occur in a single transaction and where the 

first check-in transaction triggers subsequent check-in (i.e. automatic check-in) for all flights 

of a multi-flight itinerary. There was full consensus within the ARC to add clarifications to 

address these issues; however, with respect to automatic check-in, concerns were raised that 

a single itinerary could be as long as 12 months or 331 days (based on how operators’ 

systems are programmed now) and that such a gap in passenger notification undermines the 

intent of 49 CFR 175.25. Through discussions, general consensus was reached to add a time 

limit, but no clear decision could be made on what time limit would be appropriate. The ARC 

suggested five (5) up to a maximum of thirty (30) days would be appropriate based on the 

traveling patterns of frequent business travelers. For itineraries over the determined time 

period utilizing an automatic check-in process, the hazardous materials information would 

need to be resent to the passenger in an additional message prior to travel (e.g. a travel 

reminder message). On this basis, the ARC reached consensus that a time limit duration to 

be determined based on a policy decision from the FAA and PHMSA, should be added. 

14. Indication of Understanding Hazardous Materials Information – This section contains 

recommendations on what would be considered an appropriate indication of understanding 

for the purposes of 49 CFR 175.25 and also contains information on the applicability of the 

passenger acknowledgement requirements in a table format. The method used to obtain an 

indication of understanding from the passenger will vary depending on how the ticketpurchase and check-in processes occur. 
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In general, for internet based transactions a button that requires a “click” to agree and 

proceed is sufficient. Certain members of the ARC were of the view that the passenger's 

acknowledgement of understanding should be independent of the passenger's acceptance of 

the general terms and conditions for ticket purchase, i.e., that the passenger should be 

required to "check a box" indicating understanding of the restrictions on hazardous materials 

in baggage, in addition to clicking the "accept" button to acknowledge other issues and 

complete the ticket purchase. However, the majority of the ARC agreed that one 

acknowledgment of understanding would suffice, including when such acknowledgment 

applies to general terms and conditions and understanding of the hazardous materials 

restrictions. The ARC incorporated details in the AC to clarify the hazardous materials 

information should be presented in a manner that ensures it will be seen by the passenger. 

 

For assisted transactions, the ARC recommends obtaining a verbal response or a signature 

(written or digital) from the passenger in order to confirm passenger understanding. For 

other unassisted check-in transactions, either a signature or button that requires a “click” to 

agree and proceed is sufficient to confirm passenger understanding. 

For systems that allow a single check-in (e.g. automatic check-in) for a multi-flight itinerary, 

it was the view of the ARC that only one indication of understanding from the passenger is 

required. 

The table clarifying applicability of the passenger acknowledgement requirements was 

constructed in a similar fashion as the table for the previous section. 

15. Notification at Time of Ticket Purchase – This section contains ARC recommendations on 

providing hazardous materials information to passengers and obtaining an indication of 

understanding during the ticket-purchase process. 

For mobile devices (e.g. hand held), the ARC recommends using a short and concise 

message to notify passengers of the hazardous materials restrictions. It is recommended that 

a minimum of three examples of forbidden items should be included in the message. 

However, it is recommended that some flexibility be given to allow air operators the option 

to select appropriate examples based on their experience with passenger requests, common 

higher risk instances of non-compliance, and itineraries. For example, a commonly 

confiscated item in Alaska is bear spray and Alaskan operators may wish to highlight this 

forbidden item in their messages to passengers. It is recognized that it would be impossible 

to include all hazardous materials restrictions in a short message and on this basis it is also 

recommended that operators provide a link to a source of more detailed information (one 

source would be the FAA’s website for passenger-related hazardous materials information). 

A majority of the ARC agreed that such an approach was appropriate given that this 

transaction is just the first touch point at which the passenger will receive hazardous 

materials information. 

For ticket purchase in person, by telephone, or e-mail/internet messaging, the ARC 

developed a script that a representative of the air operator could follow in order to complete 

the transaction. For such transactions, a majority of the ARC agreed that a shorter message 
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to passengers was also appropriate citing the same rationale given for mobile devices above. 

Furthermore, it is recommended that the message be given in the form of a question such that 

an indication of understanding from the passenger could be obtained in the form of a simple 

verbal “yes”. Should the passenger say “no” then the operator could provide more detailed 

hazardous materials information to the passenger verbally, with the ticket receipt, or by 

directing the passenger to a source of information. The ARC also prepared a similar script 

for an automated transaction by telephone; however, a slightly longer message including 

examples could be used. Again, a majority of the ARC agreed that such an approach was 

appropriate given that this transaction is just the first touch point at which the passenger will 

receive hazardous materials information. 

For ticket purchase via the internet or via a kiosk, the ARC was in full agreement that more 

hazardous materials information should be given to the passenger as compared to 

transactions via mobile device or for assisted transactions (i.e. in person, by telephone, or by 

e-mail/internet messaging). The ARC recommends using a standalone notification that 

prominently displays information on hazardous materials restrictions to the passenger. A 

majority of the ARC also recommends allowing air operators to include the hazardous 

materials information in the terms and conditions that a passenger would have to “agree” to 

prior to completion of the ticket purchase process. Certain members of the ARC raised 

concerns that allowing the hazardous materials information to be included in the terms and 

conditions may not meet the intent of the regulation and, furthermore, the information should 

not be provided via a voluntary link because it is likely that the passenger will not click the 

link to read the information. The ARC reached general consensus that it should be 

permissible for air operators to include the hazardous materials information in terms and 

conditions, provided that the information is prominently displayed, and to provide such 

information via a link, so long as the passenger must click the link prior to completing the 

ticket purchase; in all cases, the passenger must be required to indicate agreement. 

The ARC prepared a recommended message (text) that could be used by all operators to 

convey basic information on hazardous materials restrictions to passengers. The message 

should include various examples of forbidden categories of hazardous materials (including 

examples within such categories) and should highlight lithium batteries to the greatest extent 

practicable. The ARC also recommends the use of pictograms to convey hazardous materials 

information to passengers since it is required in accordance with the ICAO TI. A majority of 

the ARC was of the view that specific pictogram examples should not be included in the AC 

and that air operators should have flexibility to choose how pictograms are displayed. 

Furthermore, a majority of the ARC was of the view that pictogram examples could be 

developed at a later stage and promulgated by the FAA and PHMSA through their websites. 

This approach would allow for more consistent and recognizable pictograms by passengers. 

 

16. Notification at Time of Check-in – This section contains ARC recommendations on providing 

hazardous materials information to passengers and obtaining an indication of understanding 

during the check-in process. 

For mobile devices (e.g. hand held), the ARC recommends use of the same passenger 

notification message for both the ticket purchase process and the check-in process. 
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For check-in by telephone or e-mail/internet messaging, the ARC agreed that such an option 

is not available and, therefore, no guidance is offered. The in-person passenger notification 

at the time of check-in can be satisfied with signage at the counter. 

For check-in via the internet or via a kiosk, the ARC recommends use of the same passenger 

notification message and pictograms for both the ticket purchase process and the check-in 

process. 

For other unassisted check-in methods such as for bag drop service or remote check-in use of 

a cruise line kiosk, the ARC recommends providing hazardous materials information to 

passengers and obtaining acknowledgement during the service enrollment process or through 

a kiosk using a standard message. 

 

17. Display of Notices (Signage) – This section contains ARC recommendations on signage 

including use of electronic signage. Based on the PHMSA response, the specific wording of 

the signage as given in 49 CFR 175.25(a) is not required. On this basis, the ARC drafted 

alternate signage wording for the AC in order to improve the effectiveness of the message 

and to be consistent with the other passenger notification messages that will be used during 

the ticket purchase and check-in processes. The ARC also recommends encouraging all air 

operators to utilize electronic signage when possible. Furthermore, it is recommended that 

electronic signage can be used in lieu of physical signage and that when such an approach is 

used the hazardous materials information may be cycled at an appropriate interval that 

ensures passenger visibility. 

Part C (Implementation Guidance For Part 135 Operations) 

18. Part 135 Operations – This section contains a basic description of Part 135 operations 

including a breakdown of the various methods that may be used for ticket purchase and 

check-in. In general, Part 135 operations are unique and traditional methods of ticket 

purchase and check-in may not be used. Passengers may not have tickets and they may not 

board aircraft at airports. Such passengers should still receive a passenger notification of 

hazardous materials restrictions and provide an indication of understanding through alternate 

methods such as at the time of booking the flight, verbally, through signage, through a 

contractual service agreement, or another method approved by the operator. 

19. Display of Notices (Signage) – Most Part 135 operators do not issue tickets, check baggage, 

or maintain aircraft boarding areas and, as such, the signage requirements of 49 CFR 

175.25(a) are not directly applicable. Nonetheless, passenger awareness of the hazardous 

materials restrictions can be achieved through alternate methods such as at the time of 

booking the flight, verbally, through signage, through a contractual service agreement, or 

another method approved by the operator. All owned or leased aircraft boarding areas will 

display signage. Recommendations for electronic signage were also added to this section to 

encourage use by all air operators (including Part 135 operators) even though there may be 

some cases where display of signage (physical or electronic) is not possible. 
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Part D (References) 

20. Sources of information – This section contains information on common sources of detailed 

information on hazardous materials that are permitted and forbidden to be carried in 

passenger baggage. Known government sites are listed but the list should not be construed as 

being exhaustive. In addition, air operators are encouraged to develop detailed website 

content since it is likely that a passenger will first stop there for more information on 

hazardous materials restrictions. 

Other Recommendations (Not Part of the Advisory Circular) 

Frequent Flyer Programs (‘opt-out’ similar to known traveler) 

The ARC recommends consideration of an allowance for passengers who are part of a frequent 

flyer program to opt out of the passenger notification and required indication of understanding 

for each assisted ticket purchase transaction (i.e. in person, by telephone, or by e-mail/internet 

messaging) provided those passengers are required to provide an annual indication of 

understanding of the hazardous materials restrictions. Several members of the ARC believe 

some level of annual familiarization training on hazardous materials passenger restrictions is 

appropriate. The passenger notification regulations (49 CFR 175.25) were written based on the 

principle that a passenger should receive and acknowledge hazardous materials information each 

and every time the passenger goes through the ticket purchase and check-in processes. Frequent 

(business) travelers will receive this information so many times that it is reasonable to assume 

that most are fully aware of the hazardous materials restrictions. 

 

Ticket purchase via Telephone with the Assistance of an Airline Representative 

Under the ICAO TI, an indication of understanding from passengers must only be obtained when 

the ticket purchase process is completed via the internet (i.e. mobile device, website, or kiosk). 

The ICAO TI does not contain an explicit requirement to obtain an indication of understanding 

from the passenger when the ticket purchase process is conducted via telephone. Simplified 

messages for assisted transactions have been included in the draft AC; however, obtaining an 

indication of understanding may present problems in completing the transaction. Air operators 

generally want to limit the amount of time a passenger spends on the telephone with a 

reservations agent and, therefore, very limited information can be conveyed in such short 

transactions. If the passenger has detailed questions on hazardous materials restrictions, the 

reservation agent can try to answer questions but from a practical perspective it would be better 

to direct the passenger to more information via a website or to provide the information with the 

ticket receipt and/or confirmation e-mail. 

Airline members of the ARC provided data on the potential financial impact directly related to 

an increase in the length of telephone ‘talk’ time. They noted that every additional second of talk 

time during a passenger transaction adds significant costs. The ARC considered this impact 

when formulating the recommendations, including suggested script.

Full Harmonization with the ICAO TI 
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The passenger notification requirements in the HMR and the ICAO TI are not fully harmonized. 

Furthermore, the passenger exceptions in 49 CFR 175.10 and Part 8 of the ICAO TI are not 

harmonized, not just with respect to the content but also with respect to structure and 

presentation (e.g. a table versus a list). The ARC recommends consideration of developing one 

standard for passenger notification requirements and passenger exceptions in order to increase 

consistency and ease of use of the regulations. Some members of the ARC believe this lack of 

harmonization dramatically increases cost without demonstrating a significant safety benefit. 

Recordkeeping 

One member of the ARC raised a question during discussions about whether air operators and 

ticket sellers would be required to keep a record of each passenger transaction to confirm 

compliance. Since recordkeeping requirements are not included (or explicitly stated) in 49 CFR 

175.25, all ARC members were of the view that recordkeeping is not required. 

Training and Effective Dates 

The ARC recommends familiarization training for all relevant enforcement officials and airline 

personnel on use of this AC or any equivalent method of complying with 49 CFR 175.25. The 

AC should include a reasonable effective date taking into account the need for training and 

reprogramming air operator systems and processes. 

Scope of Applicability of the Requirements 

The ARC recommends that guidance be provided concerning the applicability (or nonapplicability) of the requirements in 49 CFR 175.25(b) and (c) to (i) foreign air carriers and (ii) 

ticket purchase and/or check-in outside the United States. 

 
U.S. Department 

of Transportation 

Pipeline and Hazardous 

Materials Safety 

Administration 

Mr. Tom Ferguson, PG, CHMM, DGSA 

Technical Consultant 

JUN 2 7 2012 

Council on the Safe Transportation of Hazardous Articles, Inc. 

7803 Hill House Court 

Fairfax Station, VA 22039 

Ref. No. 11-0228 

Dear Mr. Ferguson: 

1200 New Jersey Avenue, SE 

Washington, D.C. 20590 

This responds to your request for clarification of certain responsibilities under Part 175 of the 

Hazardous Materials Regulations (HMR; Parts 171-180). In your letter, you ask a series of 

questions related to operational, implementation, and logistical matters of the recently adopted 

provisions in § 175.25 of the HMR. I apologize for the delay in responding to your request and 

any inconvenience it may have caused. Your questions are paraphrased and answered as 

follows: 

Ql. Section 175.25(b)-Ticket Purchase: Is the intent of amendments to this section 

adopted in the January 19, 2011 final rule (76 FR 3308; PHMSA-2009-0126 (HM215K)) to require a carrier to provide the permitted and forbidden text or pictorials by 

Jan 1, 2012 and the passenger acknowledgement provisions by Jan 1, 2013? 

Al. While §175.25(b) took effect January 1, 2012, the passenger acknowledgement portion 

of the rule is scheduled to take effect January 1, 2013. 

02. Is Ticket Purchase defined anywhere in the regulations within or beyond the HMR? 

Not all passengers are issued tickets. For example, does this section apply to nonrevenue or employee travel? 

A2. As defined in 14 CFR 241.03 and for the purpose of this response, a non-revenue 

passenger means a person traveling free or under token charges, except those expressly 

named in the definition of revenue passenger; a person traveling at a fare or discount 

available only to employees or authorized persons of air carriers or their agents or only 

for travel on the business of the carriers; and an infant who does not occupy a seat. 

Section 175.25(b) notification requirements apply to ticketed passengers only. 

However, non-revenue passengers, airline employees traveling as passengers onboard, 

and other non-ticketed passengers remain subject to requirements of the HMR, and 

actions by non-ticketed passengers can affect the safety of an air carrier's operation. 

While § 175.25 does not define specific notification requirements for non-ticketed 

passengers, the Pipeline and Hazardous Materials Safety Administration (PHMSA) and 
the Federal Aviation Administration (FAA) solicit input on best practices for 

notification of all passengers (ticketed and non-ticketed) for inclusion in a future FAA 

advisory circular. 

Q3. Do the requirements of§ 175.25 apply to third party travel sites operated by travel 

agents and online travel retailers (Orbitz, Expedia, Travelocity, etc.)? If so, is it the 

responsibility of the carrier or the travel agent/retailer to provide the required passenger 

notification? The International Civil Aviation Organization Technical Instructions for 

the Safe Transport of Dangerous Goods by Air (ICAO Technical Instructions), at Part 

8:1.1.3, states "Any organization or enterprise other than an operator (such as a travel 

agent) ... should provide passengers with information about the types of dangerous 

goods ... " Thus, it appears the ICAO Technical Instructions places the responsibility to 

notify passengers in these situations on the third party provider, and not the carrier. 

A3. The requirements of§ 175.25 apply to the aircraft operator. The aircraft operator is 

responsible for ensuring that passengers receive the notifications required by § 175.25, 

regardless of whether the ticket is purchased directly from the aircraft operator or via a 

third party source. The aircraft operator can meet its obligations by relying on the 

notifications provided to the passenger by a third party, but the aircraft operator is 

ultimately responsible for compliance with the rule. PHMSA and FAA solicit input on 

best practice arrangements between aircraft operators and third party travel 

organizations for inclusion in a future FAA advisory circular on passenger notification. 

Q4. In a situation where a customer purchases a ticket over the phone (e.g., by calling a 

reservation center), what constitutes compliance with the rule? Do PHMSA and FAA 

expect a verbal reading of§ 175.25(a)(l) and (2), or would a simplified statement that 

guides them to additional information (i.e., carrier website) suffice? 

A4. A simplified statement may be acceptable, and may actually be the preferred means of 

compliance. PHMSA and FAA solicit input on best practices for passenger notification 

via telephone for inclusion in a future FAA advisory circular. 

Q5. Is dual acknowledgement (at the time of ticket purchase- paragraph (b), and time of 

check-in- paragraph (c)) intentional? If a passenger acknowledges at the time of ticket 

purchase, could a record of that acknowledgement also be used to meet the 

acknowledgement in section§ 175.25(c)? 

AS. The dual acknowledgement during ticket purchase and check-in is intentional and 

required for compliance. 

Q6. In a Rule 240 scenario where a passenger is re-accommodated on another carrier due to 

canceled flights or other reasons, would a third check-in acknowledgement be required? 

A6. Although an aircraft operator may meet its obligations by relying on notifications 

provided to the passenger by a third party, the aircraft operator is ultimately responsible 

for compliance with the rule. PHMSA and FAA solicit input on best practice 

2 
arrangements during re-accommodation situations for inclusion in a future FAA 

advisory circular on passenger notification. 

Q7. In a bulk purchase or charter situation, would a single individual responding on behalf 

of their party be acceptable for compliance with§ 175.25(b) and (c)? Would such an 

acknowledgement be acceptable for military charters as well? 

A7. Both§ 175.25(b) and (c) allow for acknowledgement by a person acting on the 

passenger's behalf. While this allows for acknowledgement by a single individual, 

PHMSA and FAA solicit input on best practices for notification of passengers in bulk 

purchase, charter flight, or similar situations for inclusion in a future FAA advisory 

circular. 

Q8. Is the actual language in§ 175.25(a)(1) and (2) required in all cases? If so, how does a 

carrier provide notice of additional materials forbidden beyond those covered in the 

general language? The ICAO Technical Instructions do not require specific language 

but instead require the carrier to develop their own language and format. 

A8. The information provided in§ 175.25(a)(l) and (2) is required, but the specific wording 

used in the HMR is not required. Further, no part of§ 175.25 is intended to prevent 

aircraft operators or other individuals from providing additional information to 

passengers regarding the safe transport of hazardous materials. PHMSA and FAA 

solicit input on best practices for conveying hazardous materials safety information, 

including the information provided in§ 175.25(a)(l) and (2), for inclusion in a future 

FAA advisory circular on passenger notification. 

Q9. This rule applies to 14 CPR 129 foreign carriers that operate from the U.S. Currently, 

there are 14 types of hazmat listed in the ICAO Technical Instructions, at 8;1.1, as 

"permitted with the approval of the operator." Thus, there may be considerable 

differences between each U.S. and foreign airline as to what .is "permitted or forbidden" 

by each operator. Note that the ICAO Technical Instructions, at 8;1.1.3 and 8;1.1.4, do 

not require the types "permitted" either- only the types of hazmat "forbidden" needs to 

be communicated. If a passenger checks-in with a foreign carrier and then transfers to a 

domestic carrier, does the original check in notification satisfy the passenger 

notification for the domestic leg as well? 

A9. The aircraft operator may meet their obligations by relying on notifications provided to 

the passenger by a third party, but the aircraft operator is ultimately responsible for 

compliance with the rule. PHMSA and FAA solicit input on best practice arrangements 

between foreign and domestic air carriers for inclusion in a future FAA advisory 

circular on passenger notification. 

QlO. In the case of remote check-in and boarding, where the passenger checks in at a remote 

location and checks baggage as well, such as a resort, cruise line, or military charter 

situations, does the carrier have the responsibility to notify the passenger, or is the 

resort, cruise line, or military branch responsible for notification? Under these 

3 
scenarios, a non-carrier operation performs the check-in function. Therefore, the carrier 

has limited or no contact with the passenger during the check-in process. An example 

would include a military charter originating from a U.S. military installation. 

AlO. The requirements of§ 175.25 apply to the aircraft operator. The aircraft operator is 

responsible for ensuring that passengers receive the notifications required by § 175.25, 

regardless of whether the passenger checks-in directly with the aircraft operator or via a 

third party source. Although the aircraft operator may meet its obligations by relying 

on notifications provided to the passenger by a third party, but the aircraft operator is 

ultimately responsible for compliance with the rule. PHMSA and FAA solicit input on 

best practice arrangements between aircraft operators and third party organizations for 

inclusion in a future FAA advisory circular on passenger notification. 

Qll. Lithium batteries have received a significant amount of attention by regulatory and 

enforcement entities over the last 5 years. Much of this attention is due to incidents 

involving such batteries, including incidents occurring in passenger baggage. Yet, the 

current language in§ 175.25 does not mention lithium batteries. Is it acceptable for a 

carrier to develop independent language that conveys the intent of the language in 

§ 175.25(a)(l) and (2) but varies in content to address recent incide1_1ts or trends? May 

this language be used as an alternative to the language contained in§ 175.25(a)? We 

strongly believe the restrictive language indicated in § 175.25 is ineffective in 

communicating hazardous material dangers and restrictions in passenger baggage to the 

traveling public. 

All. The information provided in§ 175.25(a)(l) and (2) is required, but the specific wording 

used in the HMR is not. Further, no part of§ 175.25 is intended to prevent aircraft 

operators or other individuals from providing additional information to passengers 

regarding the safe transport of hazardous materials. The FAA fully supports inclusion 

of information regarding lithium battery hazards in passenger notifications. PHMSA 

and FAA solicit input on best practices for conveying hazardous materials safety 

information, including the information provided in§ 175.25(a)(l) and (2), for inclusion 

in a future FAA advisory circular on passenger notification. 

This response was coordinated with FAA. Additionally, PHMSA and FAA will co-sponsor a 

public meeting on this issue in the very near future. We will announce the location, date and 

time of the meeting in the Federal Register once details are finalized. 

I trust this satisfies your concerns. Please contact us if we can be of further assistance. 

·rector, Standards and Rulemaking Division 

4 
COUNCIL ON SAFE TRANSPORTATION 

OF HAZARDOUS ARTICLES, INC. 

President 

Robert Heinrich 

Novartis Pharmaceuticals 

Robert.Heinrich@novartis.com 

First Vice President 

Donald Bossow 

Diversey, Inc. 

donald.bossov.@diversey com 

Second Vice Presidentffreasurer 

John D' Aloia 

Mary Kay, Inc. 

john.d'aloia@mkcorp.com 

Secretary 

Jeanne Zmich 

Label master 

JEANNEZ@alc·net.com 

Executive Committee Member 

RichaJ'd Lattimer 

Eli Lilly and Company 

RLattimer@lilly.com 

Board of Directors 

Les Adolph 

American Airlines 

Les.Adolph@aa.com 

Sean Broderick 

Procter & Gamble Distributing LLC 

Broderick.sp@pg.com 

David Evans 

Purolator Courier Ltd. 

devans2@purolator.com 

Amy Fischesser 

Sun Chemical Corporation 

amy.fischesser@na.sunchem.com 

James Jahnke 

Merck and Co 

james.jahnke@merck.com 

Dave Madsen 

Autoliv, Inc. 

Dave.Madsen@autoliv.com 

Rich Moskowitz 

American Trucking Associations, Inc. 

rmoskowitz@trucking.org 

Christopher Palabrica, CPM, CHMM 

Mays Chemical Co. 

chrisp@mayschem.com 

DanWieten 

Toyota Motor Sales, USA, Inc. 

dan_ wieten@toyota. com 

General Counsel 

Richard Schwe1tzer, PLLC 

s+evens 

§ 11!>·.26 

Ai~ I :J.CAO 

IJ--01.1...8 

September 14, 2011 

Ms. Janet Mclaughlin 

Office of Security and Hazardous Materials Safety 

Federal Aviation Administration 

800 Independence Ave, SW 

Suite 300, Room 315 

Washington, DC 20591 

Mr. Michael Stevens 

Standards and Rulemaking Division 

Pipeline and Hazardous Materials Safety Division 

East Building 

1200 New Jersey Avenue, S.E. 

Washington, DC 20590 

Dear Ms. Mclaughlin and Mr. Stevens, 

The Council on Safe Transportation of Hazardous Articles (COSTHA) 

requests clarification regarding implementation of the new passenger 

signage requirements adopted in Docket PHMSA-2009-0126 (HM215K). Specifically, we have a number of practical implementation 

questions our members have identified related to the new language of 

§175.25. 

COSTHA is a not-for-profit organization representing manufacturers, 

shippers, distributors, carriers, freight forwarders, trainers, packaging 

manufacturers and others associated with the hazardous materials 

transportation industry. In addition to promoting regulatory compliance 

and safety in hazardous materials transportation, COSTHA assists its 

members and the public in evaluating the practicality and efficacy of 

laws, rules and regulations for the safe transportatidn and distribution 

of hazardous materials. Included within our membership is the Air 

Carrier Roundtable, a group of seventeen (17) passenger and cargo 

air carriers. 

In HM-215K, PHMSA adopted significant changes to the requirements 

of passenger signage in §175.25. These modifications were made as 

harmonization to the 2011-2012 International Civil Aviation 

Organization Technical Instructions on the Safe Transportation of 

Dangerous Goods By Air (ICAO Tl}. The result is an increase in the 

number of times a passenger has the opportunity to receive notices 

about hazardous materials in baggage, and the penalties associated 

with failing to comply with the hazardous material requirements. 

§175.25 remains different from the ICAO Tl in several areas including 

The Council on Safe Transportation of Hazardous Articles, Inc. 

7803 Hill House Court Fairfax Station, VA 22039 Phone: 703/451-4031 Fax: 703/45h4207 

mail@costha.com www.costha.com 
the specified language contained in §175.25(a)(1) and (2). The ICAO Tl does not mandate the 

actual language, only the requirement to notify. Therefore carriers subject to the US Hazardous 

Material Regulations (HMR) encounter greater challenges implementing the new requirements 

than carriers who follow the ICAO Tl only. Further, when US carriers operate in foreign 

locations, airport authorities often control the ticketing and gate areas, limiting the ability for 

carriers to place signage at all. 

COSTHA supports the concept of putting this information in areas most likely utilized by 

passengers during the ticket purchase/check-in process. However, technology has changed 

dramatically in the last 10 years. The ticket purchase, ticket issuing, and check-in processes do 

not resemble the practices of the past. Thus changes to the signage and passenger notification 

requirements are not as easily implemented as simply "changing the airport signage". Carriers 

have faced numerous obstacles in maintaining signage as airport authorities continually remove 

or modify permanent signage, leaving the carrier in a potentially non-compliant situation. Third 

party or online ticket sales have increased, further reducing the carriers' ability to reach the 

passenger directly before they arrive at the airport. And remote or mobile check-in limits the 

amount of time the passenger actually spends at a ticket counter or carrier help desk. The 

modified language in §175.25 may provide opportunities to reach passengers more efficiently 

given these changes to procedures. But it also creates additional obstacles. 

The COSTHA Air Carrier Roundtable has identified a number of questions which have been 

asked by carrier marketing, sales, technology, and compliance personnel. These questions are 

not meant to be an indication of unwillingness to comply with the intent of §175.25. But given 

the history of enforcement regarding airport signage, COSTHA would like these questions 

formally answered so that our members may fully understand their obligations and 

responsibilities with regards to hazardous material signage and notification. 

1. § 175.25(b)- Ticket Purchase: Is the intent of this section of the rule to have Carriers 

provide the permitted and forbidden text or pictorials by Jan 1, 2012 with the Passenger 

acknowledgement portion of the rule by Jan 1, 2013? 

2. Is Ticket Purchase defined anywhere in the regulations within or beyond the HMR? Not 

all passengers are issued tickets. For example, does this section apply to Non-Revenue 

or employee travel? 

3. Do the requirements of §175.25 apply to third party travel sites such as Travel Agents 

and online travel retailers (Orbitz, Expedia, Travelocity, etc.)? If so, is it the 

responsibility of the carrier or the travel agent/retailer to provide the required notification? 

The ICAO Tl Part 8:1.1.3 states "Any organization or enterprise other than an operator 

(such as a travel agent) ... should provide passengers with information about the types of 

dangerous goods ... ". Thus it appears ICAO puts the responsibility to notify in these 

cases on the third party provider, not the carrier. 

4. In a situation where a Customer purchases a ticket over the phone (by calling a 

Reservation Center), what would constitute compliance with the rule? Does 

PHMSA/FAA expect a reading of §175.25(a)(1) and (2), or would a simplified statement 

and guiding them to additional information (i.e. Carrier website) suffice? 

5. Is the dual acknowledgement (at the time of ticket purchase- paragraph (b), and time of 

check-in- paragraph (c)) intentional? If a Passenger makes the acknowledgement at 

The Council on Safe Transportation of Hazardous Articles, Inc. 

7803 Hill House Court, Fairfax Station, VA 22039 703/451-4031 FAX: 703/451-4207 

mail@costha.com www.costha.com 
the time of ticket purchase, could record of that acknowledgement be used to meet the 

acknowledgement in section §175.25(c)? 

6. In a Rule 240 scenario where a Passenger is re-accommodated on another Carrier due 

to canceled flights or other reasons, would a third check-in acknowledgement be 

required? 

7. In bulk purchase and/or charter situation, would a single individual responding on behalf 

of their party be acceptable for compliance with §175.25(b) and (c)? Would such an 

acknowledgement be acceptable for military charters as well? 

8. Is the actual language in §175.25(a)(1) and (2) required in all cases? If so, how does a 

carrier provide notice of additional materials forbidden beyond those covered in the 

general language? The ICAO Tl does not require specific language but instead requires 

the carrier to develop their own language and format. 

9. This rule applies to Part 129 foreign carriers that operate from the US. Currently there 

are 14 types of hazmat listed in ICAO Tl 8; 1.1 as permitted "with the approval of the 

operator." Thus there may be considerable differences between each US and foreign 

airline as to what is "permitted or forbidden" on each operator. Note that ICAO Tl 8; 1.1.3 

and 8; 1.1.4 do not require the types "permitted" either- only the types of hazmat 

"forbidden" need be communicated. If a passenger checks in with a foreign carrier and 

then transfers to a domestic carrier, does the original check in notification cover the 

passenger for the domestic leg as well? 

10. In the case of remote check-in and boarding where the passenger checks in at a remote 

location and checks baggage as well, such as resort, cruise line, or military charter 

situations, does the carrier have the responsibility to notify the passenger, or does the 

resort, cruise line, or military branch have the notification responsibility? In these cases, 

a non-carrier operation performs the check-in function. Therefore, the carrier has limited 

or no contact with the passenger during the check-in process. An example would 

include a military charter originating from a US Military base. 

11. Lithium batteries have received significant attention by both regulatory and enforcement 

officials over the last 5 years. Much of this attention is due to incidents involving such 

batteries, including incidents in passenger baggage. Yet the current language does not 

make mention of lithium batteries at all. Is it acceptable for a carrier to develop 

independent language that conveys the intent of the language in §175.25(a)(1) and (2) 

but varies in content to address recent incidents or trends? May this language be used 

as an alternate to the language contained in §175.25(a)? We strongly believe the 

restrictive language indicated in § 175.25 is ineffective in communicating hazardous 

material dangers and restrictions in passenger baggage to the traveling public. 

Many of the questions are very detailed and point to related regulations within the air carrier 

industry. If you need clarification on any of these questions, please do not hesitate to ask. 

The Council on Safe Transportation of Hazardous Articles, Inc. 

7803 Hill House Court, Fairfax Station, VA 22039 703/451-4031 FAX: 703/451-4207 

mail@costha.com www.costha.com 
These questions address technology concerns, and technology modifications take time to 

implement. Given the January 2012 implementation deadline for part of the new rule, carriers 

have a limited amount of time to implement these new requirements. COSTHA appreciates your 

timely review and response on these questions. 

Best Regards, 

Tom Ferguson 

Technical Consultant 

The Council on Safe Transportation of Hazardous Articles, Inc. 

7803 Hill House Court, Fairfax Station, VA 22039 703/451-4031 FAX: 703/451-4207 

mail@costha.com www.costha.com 
Passenger Notification of Hazardous Materials 

Regulations Aviation Rulemaking Committee (ARC) 

Membership RECOMMENDATIONS to the FAA for an 

Advisory Circular (AC) 

Subject: Passenger Notification of Hazardous Materials Regulations 

Effective Date: 1 January, 2015

   
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TABLE OF CONTENTS 

Section Topic Page 

A. INTRODUCTION 4 

1. Subject 4 

2. Background 4 

3. Purpose 4 

4. Audience 5 

5. Applicability 5 

6. How to use this AC 5 

7. Regulatory References 6 

8. Related Material (current editions) 6 

9. Definitions 6 

10. Basic Regulatory Requirements 9 

B. IMPLEMENTATION GUIDANCE FOR PART 121 OPERATORS 10 

11. Part 121 Operations 10 

12. Types of Passenger Notification Elements 11 

13. Applicability of Passenger Notification 12 

14. Indication of Understanding Hazardous Materials Restrictions 13 

15. Notification at Time of Ticket Purchase 14 

16. Notification at Time of Check-in 17 

17. Display of Notices (Signage) 20 

C. IMPLEMENTATION GUIDANCE FOR PART 135 

OPERATIONS 

21 

18. Part 135 Operations 21 

19. Display of Notices (Signage) 21 

D. REFERENCES 23 

20. Sources of Information 23 

 
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A. INTRODUCTION 

1. SUBJECT 

Passenger Notification of Hazardous Materials Regulations 

2. BACKGROUND 

U.S. Hazardous Materials Regulations (HMRs; Title 49 Code of Federal Regulations 

(CFR) Parts 171-180) apply to the offering, acceptance, and transportation of hazardous 

materials in commerce by aircraft to, from, or within the United States. This includes the 

performance, attempted performance, or required performance of any function addressed 

in the HMRs. See 49 CFR 175.1(b). Air passengers are explicitly subject to the HMR. 

See 49 CFR 175.1(b)(2). 

Notwithstanding these requirements, hazardous materials incidents associated with 

passenger baggage can occur when uninformed passengers pack hazardous materials in 

non-compliance with the HMRs. In particular, lithium batteries have been involved in a 

number of passenger incidents in recent years that could have been prevented through 

compliance with the HMRs. 

Since 1980, the Department of Transportation (DOT) has required operators to 

prominently display notices of requirements applicable to the carriage of hazardous 

materials aboard aircraft as well as potential penalties for non-compliance. Such signage 

continues to be required where operators issue tickets, check baggage, and maintain 

boarding areas. See 49 CFR 175.25(a). The International Civil Aviation Organization’s 

(ICAO) Dangerous Goods Panel and the DOT recognize that large numbers of passengers 

are now purchasing tickets electronically (e.g. online, mobile device, and kiosk) versus 

more traditional methods. Therefore, while the need to inform passengers of HMR 

restrictions (to achieve compliance) and penalties (to deter non-compliance) remains, 

additional methods of communication are required. 

DOT has issued rules requiring passenger notification and acknowledgement of applicable 

requirements during remote ticketing and check-in. As described in this Advisory Circular 

(AC), remote methods can include internet, telephone, mobile device, airport kiosk and 

any other modes of purchase and check-in. Use of this Advisory Circular is encouraged 

but not mandatory. 

3. PURPOSE. 

The purpose of this AC is to improve messaging from the aviation industry to the traveling 

public, in order to increase airline passenger awareness of and compliance with hazardous 

materials regulations. This circular contains industry guidance and best practices for 

providing consistent messages to passengers on hazardous materials prohibitions and 

allowances at the point of ticket purchase and check-in. This circular also contains industry 

guidance and best practices for ensuring that passengers understand the hazardous materials 

prohibitions and allowances in the form of an “affirmative” passenger acknowledgement. 
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Use of the guidance and best practices contained within this AC will foster compliance 

with Title 49 CFR 175.25 and Part 8 of the ICAO Technical Instructions on the Safe 

Transport of Dangerous Goods by Air (ICAO TI). However, this AC provides a general 

approach for compliance with 49 CFR 175.25; other, equivalent approaches may also be 

used to achieve compliance. 

4. AUDIENCE 

The audience for this AC is air operators, fractional ownership program managers, and 

their employees or representatives responsible for passenger notification requirements, 

including ticketing, check-in, and baggage acceptance for operations conducted under 

14 CFR Parts 121 and 135. 

5. APPLICABILITY 

This AC is applicable to all operations subject to the HMR and the passenger 

notification regulations contained in 49 CFR 175.25. In particular, the AC applies to 

operations as follows: 

(a) this AC is applicable to operations conducted in accordance with 14 CFR Parts 121 

and 135; and 

(b) this AC does not apply to operations conducted in accordance with 14 CFR Part 91 

(including subpart K) in that 14 CFR 91.1005(a) prohibits operations for 

compensation or hire. 

6. HOW TO USE THIS AC. 

This AC is divided into two primary sections: a section for 14 CFR Part 121 operations and 

a section for 14 CFR Part 135 operations. Within each section, guidance is given on how 

to notify passengers of the hazardous materials restrictions at the time of ticket purchase 

and at the time of check-in. This guidance is organized based on how passengers 

commonly purchase their tickets or check-in and on whether or not a passenger is ticketed 

and/or generates revenue for the air operator. It is recognized that some airline operators 

may not provide all options for ticket purchase and check-in as, or may provide other 

options than, those mentioned in this AC. The guidance given in the AC may be used in 

whole or in part, with the understanding that the air operator is ultimately responsible for 

regulatory compliance. 

For the purposes of this AC, use of the word “telephone” or “phone” refers to assisted 

transactions (speaking to an individual or automated service) and use of the word “mobile 

device” refers to an unassisted transaction using a mobile application or electronic 

transaction. 

 
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7. REGULATORY REFERENCES. 

- Title 49 CFR Part 175, § 175.25, Notification at air passenger facilities of hazardous 

materials restrictions. 

- ICAO TI; Part 7, Chapter 5, Provisions Concerning Passengers and Crew 

- ICAO TI; Part 8, 1.1.2; Dangerous Goods Carried by Passengers or Crew 

- Title 14 CFR Part 121, Operating Requirements: Domestic, Flag, and Supplemental 

Operations 

- Title 14 CFR Part 135, Operating Requirements: Commuter and on Demand Operations 

and Rules Governing Persons on Board Such Aircraft 

8. RELATED MATERIAL (current editions): 

- International Air Transport Association (IATA) Dangerous Goods Regulations (DGR); 

Section 2.3; Dangerous Goods Carried by Passengers or Crew 

- Airlines for America (A4A); TPM Resolution 30.07 

9. DEFINITIONS. 

Note: These definitions are based on regulatory definitions in 14CFR, 49CFR, IATA, 

ICAO, etc. and have been modified for the purpose of this Advisory Circular only. 

 

(a) Check-in. 1 

The check-in process involves a boarding entitlement document(s), whether electronic or 

paper, and those activities necessary to evaluate, inform and prepare passengers to board 

flight(s). 

(b) Fixed-base operator (FBO). 

A facility that is maintained to provide services to general aviation aircraft including 

passenger enplanement, fuel and maintenance, and other essential services. 

(c) Flight Booking. 

An agreement between a passenger/purchaser and a Part 135 operator for transportation. 

Purchase includes direct payment to an operator, intermediary agent, or agency. 

(d) Non-revenue passengers.2

A person traveling free or under token charges, except those expressly named in the 

definition of revenue passenger; a person traveling at a fare or discount available only to 

employees or authorized persons of air carriers or their agents or only for travel on the 

business of the carriers; and an infant who does not occupy a seat. 

                                                            

1 IATA/A4A Glossary 2 14CFR §217.1
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The definition includes but is not limited to airline retirees, discounted travel for travel 

agents, buddy passes/companion fares, and mechanics traveling on company business, in 

addition to the following examples of passengers when traveling free or pursuant to token 

charges including but not limited to: 

(1) Directors, officers, employees, and others authorized by the air carrier operating the 

aircraft; 

(2) Directors, officers, employees, and others authorized by the air carrier or another carrier 

traveling pursuant to a pass interchange agreement; 

(3) Travel agents being transported for the purpose of familiarizing themselves with the 

carrier's services; 

(4) Witnesses and attorneys attending any legal investigation in which the carrier is 

involved; 

(5) Persons injured in aircraft accidents, and physicians, nurses, and others attending such 

persons; 

(6) Any persons transported with the object of providing relief in cases of general epidemic, 

natural disaster, or other catastrophe; 

(7) Law enforcement officials, including any person who has the duty of guarding 

government officials who are traveling on official business or traveling to or from such 

duty; 

(8) Guests of an air carrier on an inaugural flight or delivery flight of newly-acquired or 

renovated aircraft; 

(9) Security guards who have been assigned the duty to guard such aircraft against unlawful 

seizure, sabotage, or other unlawful interference; 

(10) Safety inspectors of the National Transportation Safety Board or the FAA in their 

official duties or traveling to or from such duty; 

(11) Postal employees on duty in charge of the mails or traveling to or from such duty; 

(12) Technical representatives of companies that have been engaged in the manufacture, 

development or testing of a particular type of aircraft or aircraft equipment, when the 

transportation is provided for the purpose of in-flight observation and subject to 

applicable FAA regulations; 

(13) Persons engaged in promoting air transportation; 

(14) Air Marshals and other Transportation Security Administration officials acting in their 

official capacities and while traveling to and from their official duties; 

(15) Other authorized persons, when such transportation is undertaken for promotional 

purpose; 

(16) Supernumeraries (company employees present in the cabin of aircraft for the purpose 

of conducting certain passenger service or other non-safety-related activities such as 

serving beverages, conducting customer relations, or selling tickets, and not listed on 

the load manifest as either crewmembers or flight attendants.));

(17) Occupants of ferry flights; and 

(18) Mechanics. 

(e) Non-ticketed Revenue passengers. 

A passenger for whose transportation an air carrier receives commercial remuneration but 

the passenger is not required to produce a boarding authority or ticket. This includes, but 

is not limited to, the following types of “non-ticketed” operations:

(1) Charters;
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(2) Military Charters; and

(3) Persons who are not employees of the air carrier present on the aircraft to perform 

certain passenger service or other non-safety-related duties, (e.g. horse handler, 

medevac medical nurse) 

(f) On-demand operators. 

Air carrier certificate holders who conduct Part 135 operations as on-demand direct air 

carriers in accordance with Title 14 CFR 119.

(g) Passenger. 

A person aboard a covered flight segment regardless of whether he or she paid for the 

transportation, had a reservation, or occupied a seat, except the crew. For the purposes of 

this AC, passenger includes, but is not limited to, a revenue or non-revenue passenger, a 

person holding a confirmed reservation, a standby or walkup, a person rerouted from 

another flight or airline, an infant held upon a person's lap and a person occupying a jump 

seat. Airline personnel who are on board but not working on that particular flight segment 

would be considered passengers for the purpose of this AC. (14 CFR 243.3) 

(h) Person acting on passenger’s behalf. 

Includes, but is not limited, to anyone designated or authorized by the passenger to conduct 

ticketing and/or check-in for the passenger (e.g. administrative assistant, family member, 

friend, charter coordinator, etc.) 

(i) Revenue passengers. 

Persons receiving air transportation from the air carrier for which remuneration is received 

by the carrier. Air carrier employees or others receiving air transportation against whom 

token service charges are levied are considered non-revenue passengers. Lap-held infants 

for whom a token fare is charged but do not occupy their own individual seat are considered 

non-revenue passengers. 

Revenue passengers include, but are not limited to, the following examples: 

(1) Passengers traveling under publicly available tickets including promotional offers (for 

example two-for-one) or loyalty programs (for example, redemption of frequent flyer 

points);

(2) Passengers traveling on vouchers or tickets issued as compensation for denied boarding 

or in response to consumer complaints or claims;

(3) Passengers traveling at corporate discounts;

(4) Passengers traveling on preferential fares (government, seamen, military, youth, student, 

etc.);

(5) Passengers traveling on barter tickets; and

(6) Unaccompanied minors and infants traveling on confirmed-space tickets (occupying a 

seat).
Page 9 of 23

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(j) Single entity charter. 

A business arrangement between a customer and an air carrier where the entire capacity of 

the aircraft is purchased for a flight segment or series of flight segments. 

(k) Source of information. 

A referenced government or commercial website, information telephone line, or third party 

that provides accurate information to passengers on the types of hazardous materials that are 

permitted and forbidden on aircraft either as carry-on baggage, checked baggage, or on their 

person. (See Section 21 for example sources of information) 

(l) Ticket Seller. 

An aircraft operator, any person acting on the aircraft operator’s behalf, or any other 

person who sells, offers for sale, or holds itself out as selling air transportation. 

(m)Ticket purchase. 

An airline ticket is a legal record or document confirming the purchase of a seat on an 

airline flight for a specific date and time; documents may include a paper ticket, electronic 

ticket, passenger itinerary receipt, purchase invoice, purchase confirmation, boarding 

document(s), etc. and represent an agreement between a passenger/purchaser and an airline 

operator for transportation. Purchase includes direct payment to an air operator, 

intermediary agent or ticket seller, tour operator, ticketing outlet, etc. 

10. BASIC REGULATORY REQUIREMENTS 

 

The regulatory requirements for notification to passengers of hazardous materials 

restrictions and passenger acknowledgement are contained in 49 CFR 175.25 and have been 

summarized below in a tabular format. 

Passenger Notification 

Location Operation 

Ticket Purchase Check-in 

Non-Remote 

(e.g. at the airport with the 

assistance of an airline 

representative) 

Information on the types of 

hazardous materials that are 

forbidden must be conveyed 

to passengers. 

Effective January 1, 2015, 

passengers must indicate 

understanding of the 

hazardous materials 

restrictions prior to 

completion of ticket 

purchase. 

Signage is acceptable 

Remote 

(unassisted; e.g. internet, 

airport kiosk, off-airport 

check-in, etc.) 

Effective January 1, 2015, 

passengers must indicate 

understanding of the 

hazardous materials 

restrictions prior to 

completion of check-in. 

 
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B. IMPLEMENTATION GUIDANCE FOR PART 121 OPERATORS 

11. PART 121 OPERATIONS 

Most U.S. passenger airline travel is conducted under Part 121 operations. Passengers 

typically purchase airline tickets unassisted using an Internet enabled tool (e.g. website, 

mobile device or kiosk) or assisted through direct interaction, which may include, but is not 

limited to, in person, telephone and E-mail/internet messaging, with an airline representative 

or an airline’s appointed representative. Passengers typically check-in unassisted using an 

Internet enabled tool (e.g. website, mobile device, kiosk or RFID chip) or assisted through 

direct interaction with an airline representative or an airline’s appointed representative (e.g. 

curbside agent, cruise agent or hotel agent). Passengers may check baggage at the counter 

or at the gate or they may carry baggage into the cabin. Part 121 operators own, lease, 

and/or maintain air passenger facilities including ticket counters, gates, baggage claim areas, 

and offices. 

(a) Contact with the Passenger 

Passengers will typically complete the ticket purchase and check-in process which may or 

may not include using the following methods: 

(1) Time of Ticket Purchase. 

- Mobile Device (unassisted) 

- Telephone (assisted) 

- Ticket Counter (assisted) 

- E-mail/Internet Message (assisted) 

- Internet/Online/Website (unassisted) 

a. online from airline website 

b. online from third party website

- Kiosk (unassisted) 

(2) Check-in. 

- Mobile Device (unassisted) 

- Ticket Counter (assisted) 

- Curbside or other (assisted) 

- Internet/Online/Website (unassisted) 

a. online from airline website 

b. online from third party website 

- Kiosk (unassisted) 

- Other (unassisted) 

a. cruise line service 

b. park and ride service 

(b) Methods of Information Delivery 

Operators and other ticket sellers (including travel agencies, third party ticket sellers, 

corporate travel department(s), and online ticket providers) provide information on 
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hazardous materials permitted and forbidden for transport during the ticket purchase 

process. Such information may be provided by: 

- Verbal notice 

- Written notice through contract / agreement 

- Itinerary receipt 

- Ticket receipt or email confirmation 

- Reference or link to a source of information 

(c) Baggage 

For the purposes of this Advisory Circular, baggage surrendered gate/planeside is 

considered as checked baggage. 

(d) Group Travel

In instances where a single person is acting on behalf of a group of passengers in relation to 

the ticket purchase and check-in processes, that single person is assuming the responsibility 

of providing hazardous materials restrictions to each passenger traveling, and is responsible 

for providing the indication of understanding on behalf of the group. 

(e) Code Share Operations

In the case of code share operations, it is the responsibility of each airline operator to ensure 

that a notification of hazardous materials restrictions is provided and an acknowledgement 

is obtained from passengers. This may be achieved through contractual agreements between 

airline operators. Nonetheless, it may be generally assumed that passengers who have 

checked-in at a foreign airport or with another operator (foreign or domestic) have received 

notification of the hazardous materials restrictions and/or provided acknowledgement since 

most airline operators follow the ICAO TI or the HMRs. 

(f) Airline Employees 

It is recommended that airline employees be provided annual training on the hazardous 

materials restrictions including the notification and acknowledgement requirements of 49 

CFR 175.25 and the passenger exceptions in 49 CFR 175.10. 

12. TYPES OF PASSENGER NOTIFICATION ELEMENTS. 

The exact text (or dialogue, or pictograms) of the notification used to convey hazardous 

materials information to passengers is not mandatory. The operator may choose which 

examples to use based on commonly confiscated items. In addition, it is recommended that 

emphasis be given to items that have been involved in incidents3

, such as lithium batteries 

and oxygen. 

In addition, the notification may include information on items that the passenger is 

permitted to carry on board the aircraft in either checked baggage, carry-on baggage, or on 

                                                            

3 49 CFR 171.15/§171.16/§175.31
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their person. For example, items such as small quantities of medicinal and toilet articles 

and lithium batteries and spares, as well as the conditions for carriage of these items, may 

be included in the notification. 

 

The passenger notification may include the following elements: 

(a) Categories of hazardous materials that are generally forbidden for carriage; 

(1) Flammable substances 

(2) Explosives 

(3) Oxidizers 

(4) Poisons 

(5) Compressed gases 

(6) Corrosives 

(7) Radioactive materials 

(8) Other items such as lithium batteries, boxes displaying hazmat markings, etc. 

(b) Examples of hazardous materials forbidden for carriage; and 

(1) Lithium batteries (e.g. spares in checked baggage, batteries over a certain size) 

(2) Aerosols 

(3) Spray starch 

(4) Fireworks 

(5) Liquid fuels (e.g. gasoline, butane, lighter fluid) 

(6) Liquid oxygen 

(7) Torch lighters 

(8) Strike anywhere matches 

(9) Pesticides 

(10) Oxygen bottles or cylinders - compressed oxygen for use on flight that is not 

provided by the air operator. 

(c) Penalties for violations. 

(1) Civil (penalty amounts may be included, i.e. minimum $250USD/violation, average 

$1000/violation, or maximum $250,000); and/or 

(2) Criminal (up to 5 years imprisonment). 

Note: Information on penalties for violations is only required to be placed on airport 

signage and is optional for all other passenger notifications. 

13. APPLICABILITY OF PASSENGER NOTIFICATION 

Passenger notification of hazardous materials restrictions should be built into the general 

process for ticket purchase and check-in. Passenger notification prior to ticket purchase and 

check-in is not explicitly required for non-ticketed passengers; however, it is recommended 

that these passengers be provided hazardous materials information or directed to a source of 

information at the time their travel arrangements are made. The passenger notification 

requirements may differ depending on whether or not (i) the Part 121 operator issues a ticket 
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or boarding pass to the passenger or (ii) the passenger is revenue or non-revenue. The 

following table shows when notification may or may not be required: 

Passenger Notification 

Boarding 

Access 

Passenger Type 

Revenue Non-Revenue 

 Ticket purchase Check-in Ticket purchase Check-in 

Ticketed Required Required1

 Recommended Recommended1

NonTicketed2

Recommended 

Hazardous 

materials 

information be 

provided, during 

booking, or when 

travel 

arrangements are 

made via contract 

or agreement. 

Recommended1

Recommended,3 

 Hazardous 

materials 

information be 

provided, during 

booking, or when 

travel 

arrangements are 

made via contract 

or agreement. 

Recommended1,3

1

Signage may satisfy this requirement. 

2

Charter operations and carriage of supernumeraries are considered to be non-ticketed. 

3

Airline employees may be allowed to complete a training course on hazardous materials 

passenger restrictions and provide an annual acknowledgement. 

Note: When a ticket purchase and check-in occurs in a single transaction, hazardous 

materials notification and passenger acknowledgement are required at least once prior to 

the completion of the transaction (e.g. passenger purchases ticket on same day as travel). 

Note: In instances where a single check-in transaction triggers one or more subsequent 

check-in transactions as part of a single itinerary, one indication of understanding of 

hazardous materials restrictions will suffice only if the itinerary is completed within [TBD] 

days (e.g. same day travel or automated check-in etc.). 

14. INDICATION OF UNDERSTANDING HAZARDOUS MATERIALS RESTRICTIONS. 

Information regarding the hazardous materials restrictions for checked or carry-on baggage 

must be provided to the passenger or a person acting on the passenger’s behalf during the 

ticket purchase and check-in process. Before the passenger can proceed with ticket 

purchase or check-in, the passenger must acknowledge understanding of the hazardous 

material restrictions. 

 
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Options for indication of understanding the restrictions could include: 

- For internet, mobile device, or kiosk, a button that requires a “click” to agree and 

proceed; 

- For assisted transactions via phone, e-mail, or ticket counter, an affirmative response 

from the passenger such as a verbal “I agree”, “I acknowledge”, or “I understand” or 

a signature; or 

- For other unassisted check-in, a signature (e.g. baggage drop service) or a button 

that requires a “click” to agree and proceed. 

Systems that allow a single check-in process (e.g., automatic check-in) for a multi-flight 

itinerary require acknowledgement during the initial check-in process only (before first 

flight on a ticketed itinerary). 

In addition, the method of passenger acknowledgement may differ depending on whether or 

not (i) the Part 121 operator issues a ticket or boarding pass to the passenger or (ii) the 

passenger is a revenue or non-revenue passenger. The following table shows when an 

acknowledgement may or may not be required: 

Passenger Acknowledgement 

Boarding Access Passenger Type 

Revenue Non-Revenue 

 Ticket 

purchase 

Check-in Ticket 

purchase 

Check-in 

Ticketed Required Required Required Required 

Non-Ticketed2 Recommended Recommended Recommended1

 Recommended1

1

Airline employees may be allowed to complete a training course on hazardous materials 

passenger restrictions and provide an annual acknowledgement. 

2

Charter operations and carriage of supernumeraries are considered to be non-ticketed.

15. NOTIFICATION AT TIME OF TICKET PURCHASE 

The passenger or the person acting on the passenger’s behalf must indicate understanding of 

the restrictions on hazardous materials in baggage or on their person prior to the completion 

of the ticket purchase process. 

(a) Mobile device 

(1) Recommended mobile device message: 

“Hazardous Materials like aerosols (e.g., spray starch), lithium batteries, torch lighters, 

liquid fuels (e.g., gasoline), and fireworks may be forbidden in your baggage or on your 

person. Penalties may apply if you carry forbidden items.” 

 
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(2) Alternate mobile device message: 

“Federal law forbids the carriage of certain hazardous materials, like aerosols, fireworks, 

and flammable liquids, aboard the aircraft. If you do not understand these restrictions, 

contact your airline or go to [a source of information].” 

For mobile device messages, other examples of forbidden items may be used. At a 

minimum it is recommended that at least three examples or categories be given. See section 

12 for other recommended examples and categories. 

It is recommended that the passenger be provided additional information upon request. This 

could be a link to a source of information or instructions to contact their airline 

representative. 

For example: 

“If you don’t understand these restrictions, go to [a source of information].” or 

“If you don’t understand these restrictions, contact [your airline].” 

(b) In Person, by Telephone, or E-mail/Internet Messaging (assisted) 

Prior to ticketing, information on hazardous materials restrictions such as the options below 

must be provided by a reservation agent and/or an automated service message 

announcement. If an automated message is utilized, the message must be heard in its 

entirety and an active selection made. 

(1) Recommended (assisted) message: 

“Do you understand that Federal law prohibits the carriage of certain hazardous materials 

aboard aircraft in your luggage or on your person and could result in a fine?” 

If “yes”: Ticket purchase may be completed. 

If “no”: The ticket seller may choose to verbally answer any questions, or information can 

be sent with the ticket or ticket receipt, or the passenger or a person acting on the 

passenger’s behalf can be referred to a source of information. The ticket seller must receive 

a positive acknowledgement of understanding before the ticket purchase may be completed. 

As examples, the following additional messages may be used to solicit a “yes” at the time of 

ticket purchase: 

“With your ticket receipt (or confirmation) we will send you information on hazardous 

materials that are forbidden on aircraft. At check-in you will be required to acknowledge 

understanding of these restrictions. Do you agree to read the information prior to packing 

your bags and checking-in at the airport?” 

or 

“To learn more about prohibited items go to [a source of information]. At check-in you will 

be required to acknowledge understanding of hazardous materials restrictions. Do you 
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agree to consult [a source of information] prior to packing your bags and checking-in at 

the airport?” 

(2) Recommended automated (program assisted) message: 

“Do you understand that Federal law forbids the carriage of certain hazardous materials, 

like aerosols, fireworks, and flammable liquids, aboard the aircraft? If you understand 

these restrictions, press or say 1. If you do not understand, press or say 2.” 

If “1” is selected: Ticket Purchase may be completed. 

If “2” is selected: The automated system can provide more detailed automated information, 

refer the passenger or a person acting on the passenger’s behalf to a source of information, 

or direct the passenger or a person acting on the passenger’s behalf to a live person. Ticket 

purchase through the automated system must not be completed until the passenger or a 

person acting on the passenger’s behalf acknowledges understanding. 

(c) Online via website or at an airport kiosk 

Prior to ticketing, information on hazardous materials restrictions must be provided and the 

passenger, or a person acting on the passenger’s behalf, must give an indication of 

understanding. 

A stand-alone notification that displays the hazardous materials restrictions either through 

text or pictorial form may be used. Alternatively, the notification may be part of the general 

terms and conditions that are displayed before the ticket is purchased; however, information 

on hazardous materials restrictions should be prominently displayed. 

(1) Recommended online or kiosk message (text): 

“Some everyday products, like aerosol spray starch, can be dangerous when transported on 

the aircraft in carry-on and/or checked baggage. Changes in temperature or pressure can 

cause some items to leak, generate toxic fumes or start a fire. Carriage of prohibited items 

may result in fines or in certain cases imprisonment. Please ensure there are no forbidden 

hazardous materials in your baggage like: 

 Some Lithium batteries (e.g. spares in checked baggage, batteries over a certain 

size) 

 Explosives / Fireworks 

 Strike anywhere matches/ Lighter fluid 

 Compressed gases / Aerosols 

 Oxygen bottles/ Liquid oxygen 

 Flammable liquids 

 Pesticides/ Poison 

 Corrosive material 

There are special exceptions for small quantities (up to 70 ounces total) of medicinal and 

toilet articles carried in your luggage, spare lithium batteries for most consumer electronic 

devices in carry-on baggage, and certain smoking materials carried on your person. 
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Certain items are required to be carried with you onboard the aircraft. For example, spare 

lithium batteries for portable electronic devices and cigarette lighters must be removed 

from checked or gate-checked baggage and carried onboard the aircraft. 

Traveling with medical oxygen, liquid oxygen, mobility aids and other assistive devices may 

require airline pre-approval or be restricted from carriage entirely. Passengers requiring 

these items should contact the airline operator for information on use of such devices.”

(2) Recommended online or kiosk message (pictorial): 

Pictorial examples should include items commonly carried by passengers and could be 

specific to the airline operation. Pictorial examples could include hazard labels and 

common commodities for each hazard class. Examples of common items by hazard 

include: 

 Spare or loose lithium batteries 

 Explosives / Fireworks 

 Strike anywhere matches/ Lighter fluid 

 Compressed gases / Aerosols 

 Oxygen bottles/ Liquid oxygen 

 Flammable liquids 

 Pesticides/ Poison 

 Corrosive material 

Note: Use of pictorial format is preferred, and it is allowed by ICAO Technical Instructions 

(See Section 7, Regulatory References). 

16. NOTIFICATION AT TIME OF CHECK-IN: 

The passenger or the person acting on the passenger’s behalf must indicate understanding of 

the restrictions on hazardous materials in baggage or on their person prior to the completion 

of the check-in process. 

(a) Mobile device 

(1) Recommended mobile device message: 

“Hazardous Materials like aerosols (e.g. spray starch), lithium batteries, torch lighters, 

liquid fuels (e.g. gasoline), and fireworks may be forbidden in your baggage or on your 

person. Penalties may apply if you carry forbidden items.” 

(2) Alternate mobile device message: 

“Federal law forbids the carriage of certain hazardous materials, like aerosols, fireworks, 

and flammable liquids, aboard the aircraft. If you do not understand these restrictions, 

contact your airline or go to [a source of information].” 
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For mobile device messages other examples of forbidden items may be used. At a 

minimum it is recommended that at least three examples or categories be given. See section 

12 for other recommended examples and categories. 

It is recommended that the passenger be provided additional information upon request. This 

could be a link to a source of information or instructions to contact their airline 

representative. 

For example: 

“If you don’t understand these restrictions go to [a source of information].” or 

“If you don’t understand these restrictions contact [your airline].” 

(b) In Person, by Telephone, or E-mail/Internet messaging (assisted) 

In person (assisted) passenger notification at check-in may be completed through signage 

(electronic or otherwise), provided it is legible and prominently displayed. 

Check-in by telephone or electronic communication with the assistance of a representative 

or automated service is not an option offered by operators and therefore no guidance is 

offered. 

(c) Online via website or at an airport kiosk

Prior to check-in, information on hazardous materials restrictions must be provided and the 

passenger must give an indication of understanding. 

A stand-alone notification that displays the hazardous materials restrictions to the 

passenger either through text or pictorial form may be used. Alternatively, the notification 

may be part of the general terms and conditions that are displayed before the ticket is 

purchased; however, information on hazardous materials restrictions should be 

prominently displayed. 

(1) Recommended online or kiosk message (text): 

“Some everyday products, like aerosol spray starch, can be dangerous when transported on 

the aircraft in carry-on and/or checked baggage. Changes in temperature or pressure can 

cause some items to leak, generate toxic fumes or start a fire. Carriage of prohibited items 

may result in fines or in certain cases imprisonment. Please ensure there are no forbidden 

hazardous materials in your baggage such as: 

 Some Lithium batteries (e.g. spares in checked baggage, batteries over a certain 

size) 

 Explosives / Fireworks 

 Strike anywhere matches/ Lighter fluid 

 Compressed gases / Aerosols 

 Oxygen bottles/ Liquid oxygen 

 Flammable liquids 

 Pesticides/ Poison 

 Corrosive material 
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There are special exceptions for small quantities (up to 70 ounces total) of medicinal and 

toilet articles carried in your luggage, spare lithium batteries for most consumer electronic 

devices in carry-on baggage, and certain smoking materials carried on your person. 

Certain items are required to be carried with you onboard the aircraft. For example, spare 

lithium batteries for portable electronic devices and cigarette lighters must be removed 

from checked or gate-checked baggage and carried onboard the aircraft. 

Traveling with medical oxygen, liquid oxygen, mobility aids and other assistive devices may 

require airline pre-approval or be restricted from carriage entirely. Passengers requiring 

these items should contact the airline operator for information on use of such devices.”

(2) Recommended online or kiosk message (pictorial): 

Pictorial examples should include items commonly carried by passengers and could be 

specific to the airline operation. Pictorial examples could include hazard labels and 

common commodities for each hazard class. Examples of common items by hazard 

include: 

 Spare or loose lithium batteries 

 Explosives / Fireworks 

 Strike anywhere matches/ Lighter fluid 

 Compressed gases / Aerosols 

 Oxygen bottles/ Liquid oxygen 

 Flammable liquids 

 Pesticides/ Poison 

 Corrosive material 

Note: Use of pictorial format is preferred, and is required by ICAO Technical Instructions 

(See Section 7, Regulatory References). 

(d) Other unassisted (e.g. cruise line distributes boarding authority/boarding pass and 

retrieves baggage for delivery to airline or screening area) 

In order to utilize the remote unassisted check-in option, the passenger or individual acting 

on their behalf must be provided the hazardous materials restrictions and indication of 

understanding (e.g. a signature or electronic acknowledgement) must be obtained, either 

during the enrollment process (e.g. sign up for check-in/baggage transfer service) or through 

other means of understanding. 

Recommended contract of service message (text): 

“Some everyday products, like aerosol spray starch, can be dangerous when transported on 

the aircraft in carry-on and/or checked baggage. Changes in temperature or pressure can 

cause some items to leak, generate toxic fumes or start a fire. Carriage of prohibited items 

may result in fines or in certain cases imprisonment. Please ensure there are no forbidden 

hazardous materials in your baggage such as: 
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 Some Lithium batteries (e.g. spares in checked baggage, batteries over a certain 

size) 

 Explosives / Fireworks 

 Strike anywhere matches/ Lighter fluid 

 Compressed gases / Aerosols 

 Oxygen bottles/ Liquid oxygen 

 Flammable liquids 

 Pesticides/ Poison 

 Corrosive material 

There are special exceptions for small quantities (up to 70 ounces total) of medicinal and 

toilet articles carried in your luggage, spare lithium batteries in carry-on baggage and 

certain smoking materials carried on your person. 

Certain items are required to be carried with you onboard the aircraft. Spare lithium 

batteries and cigarette lighters must be removed from checked or gate-checked baggage 

and carried onboard the aircraft. 

Traveling with medical oxygen, liquid oxygen, mobility aids and other assistive devices may 

require airline pre-approval or be restricted from carriage entirely. Passengers requiring 

these items should contact the airline operator for information on use of such devices.”

17. DISPLAY OF NOTICES (SIGNAGE) 

The notification provided in 49 CFR 175.25(a)(1) and (2) is required, but the specific 

wording used in the HMR is not required. Each notice must be legible, and be prominently 

displayed so it can be seen by passengers in locations where the aircraft operator issues 

tickets, checks baggage, and maintains aircraft boarding areas. 

(a) Alternate signage message: 

“Some everyday products, like aerosol spray starch, can be dangerous when transported on 

the aircraft in carry-on and/or checked baggage. Changes in temperature or pressure can 

cause some items to leak, generate toxic fumes or start a fire. Carriage of prohibited items 

may result in fines or in certain cases imprisonment. Please ensure there are no forbidden 

hazardous materials in your baggage such as: 

 Some Lithium batteries (e.g. spares in checked baggage, batteries over a certain 

size) 

 Explosives / Fireworks 

 Strike anywhere matches/ Lighter fluid 

 Compressed gases / Aerosols 

 Oxygen bottles/ Liquid oxygen 

 Flammable liquids 

 Pesticides/ Poison 

 Corrosive material 
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There are special exceptions for small quantities (up to 70 ounces total) of medicinal and 

toilet articles carried in your luggage, spare lithium batteries in carry-on baggage and 

certain smoking materials carried on your person.” 

(b) Electronic signage 

Recognizing the advances in technology and electronic communication, it is recommended 

the hazardous materials restrictions be incorporated into electronic displays when possible. 

Electronic signage may be used in lieu of physical signage. When electronic displays are 

used, the hazardous materials information may be cycled at an appropriate interval that 

ensures passenger visibility. 

C. IMPLEMENTION GUIDANCE FOR PART 135 OPERATORS 

18. PART 135 OPERATIONS 

Unlike Part 121 operations, Part 135 on-demand operators do not typically issue tickets, 

check baggage, or maintain aircraft boarding areas. In most cases, passengers arrange for 

transportation via a flight booking process and the business arrangement is documented by a 

flight confirmation document between the operator and the lead passenger. Passengers do 

not check baggage in the conventional sense; baggage is placed in the aircraft baggage 

compartment during the boarding process. Finally, Part 135 operators do not normally 

maintain aircraft boarding areas, except possibly at their principal base of operations and in 

some cases board directly from their vehicles. Most passenger enplanements occur at fixedbase operator (FBO) facilities which are not usually owned, leased, or otherwise under the 

control of the Part 135 operator. 

When tickets or formal check-in processes are not utilized, Part 135 operators may notify 

passengers of the restrictions contained in the HMR using the following alternate methods: 

- Notification at time of flight booking (includes verbal or electronic means); 

- Contract or other written agreement established with the operator; 

- Verbal notification or signage to passengers available at time of boarding; or 

- Other means established by the operator. 

19. DISPLAY OF NOTICES (SIGNAGE) 

(a) General 

Part 135 on-demand operators do not typically issue tickets, check baggage, or maintain 

aircraft boarding areas. These operators typically provide single entity charters, where one 

person has purchased the entire seating capacity of the aircraft for the flight. Part 135 

operators enplane passengers at fixed-base operator (FBO) facilities or private use facilities 

where the Part 135 operator does not exert control. 

Passenger enplanement areas owned or leased by the Part 135 operator will display the 

signage as required by 49 CFR 175.25(a). 
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When display of signage is not practicable, alternate methods of passenger notification may 

be used as follows: 

- Contract or agreement established with operator; 

- Passenger newsletter or similar communication; 

- Verbal notification at time of baggage acceptance from each passenger; or 

- Other means established by the operator. 

(c) Electronic signage 

Recognizing the advances in technology and electronic communication, it is recommended 

the hazardous materials restrictions be incorporated into electronic displays when possible. 

Electronic signage may be used in lieu of physical signage. When electronic displays are 

used, the hazardous materials information may be cycled at an appropriate interval that 

ensures passenger visibility. 
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D. REFERENCES 

20. SOURCES OF INFORMATION 

DOT/PHMSA/FAA/TSA 

http://safetravel.dot.gov/

TSA 

http://www.tsa.gov/traveler-information/prohibited-items

FAA 

http://www.faa.gov/go/hazmatsafety

PHMSA Hazardous Materials Information Center 

(800) HMR49-22 or (800) 467-4922 

Airline Operator and/or Commercial Websites 

 

An operator of passenger aircraft should have information on hazardous materials permitted 

and forbidden for transport in accordance with the HMR. This information should be made 

available prior to the check-in process on their websites or via another source of 

information. 

If the passenger is referred to an airline’s website or a commercial website for more 

information, it is recommended that the website contain comprehensive, updated 

information consistent with the content of the regulations and/or government websites.