1 

### Passenger Notification of Haza rdous Materials Regulations Aviation Rulemaking Comm ittee (ARC) Membership
Recommendations to the FAA Assista nt 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, 20132 

### Executive Summary

In order to obtain stakeholder recommendati ons for improving passenger awareness of hazardous materials restrictions, the FAA Administrator chartered the Pa ssenger Notification of Hazardous Materials Regulations Aviation Rulema king 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 requir e 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 char tered 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 develo p 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 contai ned specific tasking as follows:

- Develop recommendations on the hazardous ma terials 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 ma y 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 inte rest in aviation safety. The members included representatives from the following organizations:

- Airlines for America (A4A)

- Air Line Pilots Associat ion, 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)3 

### - The Travel Technology Association (TTA), formerly known as In teractive 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 singl e standard for industry w ould foster consistency across all air operators with re spect to the passenger notification and, thus, would improve the effectiveness of passenger notifica tions. 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 inte rpretation and left open in a June 27, 2012 PHMSA response (see Appendix 1). The PHMSA re sponse contained clarif ications and/or open issues on the following topics:

- Notification of all passeng ers (ticketed and non-tickete d, 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 informa tion, including the information provided in 49 CFR 175.25(a)(1) and (2);

- Arrangements between foreign a nd domestic air carriers; and

- Arrangements between aircraft operato rs 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 th e 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, ther e 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 noti fication of hazardous materials regulations (Appendix 2) in order to address charter tasks and issues identifi ed 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, majo rity and minority positions on certain items are noted in this report.4 

### AC Layout and Recommendations

The draft AC is broken down into four (4) pa rts 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 Notific ation of Hazardous Materials Regulations”.

2. Background – This section summarizes the regulat ory 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 statem ent indicating that use of th e AC is encouraged but not mandatory.

3. Purpose – This section contains basic informati on on the purpose of the AC. It includes clarifications that use of the AC by air opera tors will constitute one means of compliance
with 49 CFR 175.25 of the Hazardous Material s Regulations (HMR; 49 CFR 171-180) and Part 8 of the International Civil Aviation Organization’s Technical Instruc tions 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. Alt hough 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 ope rators are subject to Part 8 of the ICAO TI and may use this AC as guidance. Part 91 ope rators 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 appl icable to their operations. For example, some operators do not sell passenger tickets vi a 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 informati on on regulatory material referenced
in the AC.5 

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

9. Definitions – This section contains va rious definitions used thr oughout 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 applicab ility 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 wa s 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 "t icket 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 bart er tickets and it was
concluded that no such definiti on 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 cont ract 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 rest rictions 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 ta bular form, the basic regulatory requirements for passenger notificat ion 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 va rious methods that may be used for ticket purchase and check-in. For the purposes of this AC, passenge r 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 “assist ed” transactions are costly and afford the operator (and ticket sellers) little opportuni ty to provide detailed hazardous materials information to the passenger and, therefore, s horter 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 pa ssengers during assist ed 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 ch eck points when carried by passe ngers with disabilities (146 

### CFR 382); however, passengers need to be aw are that while it is acceptable to bring oxygen to the gate, it is not acceptab le to carry-on or gate check oxygen. All passengers with disabilities who need oxygen for medical reas ons 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 ga te 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 bagg age as part of the passenger notification message. The information should also include a clear statement that ce rtain lithium batteries installed in equipment are acceptable in ga te 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 stro ngly encouraged to pass the information along to all members of the group.

The ARC discussed code share operations a nd 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 ma terials notification by the ticke ting 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 notific ation to be provided no later than when the passenger checks in at the airport for the first flight in their itiner ary. As long as the passenger receives the notification once duri ng 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 res ponsibility of each air opera tor 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 Ru le 240, irregular op erations and reaccommodation. Through discussions, it was deci ded 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 pr ocess. 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 intern ational carrier as they would either fall under
the ICAO TI or the HMR.

It is recommended that all airline employees wo rking with passengers and/or their baggage be provided basic annual training on the ca rriage 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 airlin e employees flying as passengers on their company’s aircraft.7 

### 12. Types of Passenger Notification Elements – This section contains recommendations on basic elements of a passenger notif ication. 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 pa ssenger notification requirements. The applicability of these requirements depends on whether or not a passenger is ticketed or generates revenue for the airlin e. 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 employ ees should have more in-d epth training on the hazardous
materials restrictions on an annual basis. As mentioned previously, completion of more indepth training could be a substitute for pr oviding 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 CF R 175.25 does not apply to their ope rations. In order to address this issue, the ARC agreed to specifically exclude ticketless ai rlines 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 clarif ying notes to this sectio n 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 cons ensus within the ARC to add clarifications to address these issues; however, with respect to automatic check-in, concer ns were raised that a single itinerary could be as long as 12 m onths 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, ge neral consensus was reached to add a time limit, but no clear decision coul d 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 hazardou s materials information would need to be resent to the passenger in an addi tional 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 Haza rdous Materials Information – This section contains
recommendations on what would be considered an appropriate indi cation of understanding for the purposes of 49 CFR 175.25 and also contai ns information on the applicability of the passenger acknowledgement requireme nts in a table format. The method used to obtain anindication of understanding from the passenger will vary depending on how the ticketpurchase and check-in processes occur.8 

### In general, for internet based transactions a button that requires a “click” to agree and proceed is sufficient. Certain members of th e ARC were of the view that the passenger's acknowledgement of understanding should be in dependent of the passenger's acceptance of the general terms and conditions for ticket pur chase, i.e., that th e passenger should be required to "check a box" indicating understandi ng of the restrictions on hazardous materials in baggage, in addition to clicking the "acc ept" button to acknowle dge other issues and complete the ticket purchase. However, the majority of the ARC agreed that one acknowledgment of understan ding would suffice, including when such acknowledgment applies to general terms and conditions and understanding of the hazardous materials
restrictions. The ARC incor porated 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 res ponse or a signature (written or digital) from the passenger in order to confirm passe nger 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 i ndication of understanding from the passenger is required.

The table clarifying applicab ility 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 obtaini ng an indication of understanding during the tic ket-purchase process.

For mobile devices (e.g. hand held), the ARC recommends using a short and concise message to notify passengers of the hazardous mate rials 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 flexibil ity be given to allow air operators the option to select appropriate examples based on th eir experience with pa ssenger requests, common higher risk instances of non-compliance, a nd 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 passenge r-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 repres entative of the air operator coul d follow in order to complete the transaction. For such transactions, a majori ty of the ARC agreed that a shorter message9 

### to passengers was also appropriate citing the sa me 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 informati on. The ARC also prepared a similar script for an automated transaction by telephone; how ever, 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 gi ven 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 recomme nds using a standalone notification that prominently displays information on hazardous ma terials restrictions to the passenger. A majority of the ARC also recommends allo wing air operators to include the hazardous
materials information in the terms and conditi ons that a passenger woul d have to “agree” to prior to completion of the ticket purchase proc ess. Certain members of the ARC raised concerns that allowing the hazardous materials in formation to be included in the terms and conditions may not meet the inte nt of the regulation and, furthe rmore, 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 r eached 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 pr ior to completing the ticket purchase; in all cases, the passenger must be requi red to indicate agreement.

The ARC prepared a recommended message (text) that could be used by all operators to convey basic information on hazardous material s restrictions to passengers. The message should include various examples of forbidde n categories of hazardous materials (including examples within such categories) and should high light lithium batteries to the greatest extent practicable. The ARC also recommends the us e of pictograms to c onvey 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 pictogr am 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 pur chase process and the check-in process.10 

### For check-in by telephone or e-mail/internet me ssaging, the ARC agreed that such an option is not available and, th erefore, no guidance is offered. Th e in-person passe nger notification
at the time of check-in can be satisfie d 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 sign age. Based on the PHMSA res ponse, the specific wording of the signage as given in 49 CF R 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 appropr iate 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 va rious methods that may be used for ticket purchase and check-in. In general, Part 135 operations ar e unique and traditional methods of ticket purchase and check-in may not be used. Passenge rs 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, th rough signage, through a contractual service agreement, or another me thod 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. Noneth eless, passenger awareness of the hazardous materials restrictions can be achieved through alternate methods such as at the time of booking the flight, verbally, th rough signage, through a contract ual service agreement, or another method approved by the operator. All ow ned 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.11 

### Part D ( References )

20. Sources of information – This section contains informa tion on common sources of detailed information on hazardous materials that are pe rmitted and forbidden to be carried in passenger baggage. Known government sites are lis ted 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 allowan ce for passengers who are part of a frequent flyer program to opt out of th e passenger notification and requ ired 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 requi red to provide an annual indication of understanding of the hazardous materials restric tions. Several members of the ARC believe some level of annual familiarization training on hazardous materials passenger restrictions is appropriate. The passenger notification regu lations (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 ch eck-in processes. Frequent (business) travelers will receive this informati on so many times that it is reasonable to assume that most are fully aware of the hazardous material s restrictions.

Ticket purchase via Telephone with the A ssistance 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 in ternet (i.e. mobile device, website, or kiosk). The ICAO TI does not contain an explicit require ment to obtain an indication of understanding from the passenger when the ticket purchase process is conducted vi a telephone. Simplified messages for assisted transactions have been included in the draft AC; however, obtaining an indication of understanding may pr esent problems in completing th e transaction. Air operators generally want to limit the amount of time a passenger spends on the telephone with a reservations agent and, therefor e, very limited information can be conveyed in such short transactions. If the passenger has detailed ques tions on hazardous materials restrictions, the reservation agent can try to answ er questions but from a practical perspective it w ould 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 provide d data on the potential financia l impact directly related to an increase in the length of tele phone ‘talk’ time. They noted that every additional second of talk time during a passenger transaction adds significan t costs. The ARC considered this impact when formulating the recommendati ons, including suggested script.

Full Harmonization with the ICAO TI12 

### 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 cont ent 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 a nd passenger exceptions in order to increase consistency and ease of use of th e 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 duri ng discussions about whet her air operators and ticket sellers would be required to keep a record of each pass enger 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 equivale nt 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 provi ded concerning the applicability (or nonapplicability) of the requ irements 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) andthe 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

2arrangements 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

3scenarios, 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

4COUNCIL 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.comthe 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.comthe 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.comThese 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, 2015Page 2 of 23
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# Page intentionally left blankPage 3 of 23
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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 (c urrent 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 Pa ssenger Notification 12 14. Indication of Understanding Ha zardous Materials Restrictions 13
15. Notification at Time of Ticket Purchase 14
16. Notification at Time of Check-in 17 17. Display of Noti ces (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 23Page 4 of 23
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### A. INTRODUCTION

1. SUBJECT

Passenger Notification of Hazar dous Materials Regulations

2. BACKGROUND

U.S. Hazardous Materials Regulations (HMR s; Title 49 Code of Federal Regulations (CFR) Parts 171-180) ap ply to the offering, acceptance, and transportation of hazardous materials in commerce by aircraft to, from, or within the Unite d States. This includes the performance, attempted perfor mance, or required performa nce of any function addressed in the HMRs. See 49 CFR 175.1(b). Air passenge rs are explicitly su bject to the HMR. See 49 CFR 175.1(b)(2).

Notwithstanding these requirements, hazard ous materials incidents associated with passenger baggage can occur wh en uninformed passengers p ack 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) ha s required operators to prominently display notices of requirements applicable to the carriage of hazardous
materials aboard aircraft as we ll as potential penalties for non-compliance. Such signage continues to be required wh ere operators issue tickets, check baggage, and maintain boarding areas. See 49 CFR 175.25(a). The Inte rnational Civil Avia tion Organization’s (ICAO) Dangerous Goods Panel and the DOT rec ognize that large numbe rs of passengers are now purchasing ticket s electronically (e.g. online, mobi le device, and kiosk) versus more traditional methods. Therefore, wh ile the need to info rm passengers of HMR restrictions (to achieve comp liance) and penalties (to dete r non-compliance) remains,
additional methods of co mmunication ar e required.

DOT has issued rules requiring passenger notificat ion and acknowledgement of applicable requirements during remote ticketing and check-i n. As described in th is Advisory Circular (AC), remote methods can incl ude internet, telephone, mobile device, airport kiosk and any other modes of purchase a nd check-in. Us e of this Advisory Circular is encouraged but not mandatory.

3. PURPOSE.

The purpose of this AC is to improve messagi ng from the aviation industry to the traveling public, in order to increase ai rline passenger awareness of an d compliance with hazardous materials regulations. This circular contai ns industry guidance a nd best practices for providing consistent messages to passenge rs on hazardous materials prohibitions and allowances at the point of ticke t purchase and check-in. This ci rcular 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.Page 5 of 23
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### Use of the guidance and best practices contai ned within this AC will foster compliance
with Title 49 CFR 175.25 and Part 8 of th e 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; othe r, 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 responsib le 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 operation s subject to the HMR and the passenger notification regulations contai ned in 49 CFR 175.25. In par ticular, 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 c onducted in accordance with 14 CFR Part 91 (including subpart K) in that 14 CF R 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. W ithin each section, guidance is given on how to notify passengers of the hazardous material s restrictions at the time of ticket purchase and at the time of check-in. This guid ance is organized based on how passengers commonly purchase their tickets or check-in a nd 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 purchas e 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 ulti mately responsible for regulatory compliance.

For the purposes of this AC, use of the word “telephone” or “phone” refers to assisted transactions (speaking to an i ndividual or automated service) and use of the word “mobile
device” refers to an unassiste d transaction using a mobile application or electronic
transaction.Page 6 of 23
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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 Requireme nts: Domestic, Flag, and Supplemental Operations

- Title 14 CFR Part 135, Operating Requirement s: Commuter and on Demand Operations and Rules Governing Persons on Board Such Aircraft

8. RELATED MATERIAL (current editions):

- International Air Transport Association (IA TA) Dangerous Goods Regulations (DGR); Section 2.3; Dangerous Goods Ca rried 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 documen t(s), whether electronic or paper, and those activities necessary to evalua te, inform and prepare passengers to board flight(s).

(b) Fixed-base operator (FBO).

A facility that is maintained to provide se rvices to general aviation aircraft including passenger enplanement, fuel and mainte nance, and other e ssential services.

(c) Flight Booking.

An agreement between a passenger/purchaser an d a Part 135 operator for transportation. Purchase includes direct payment to an ope rator, intermediary agent, or agency.

(d) Non-revenue passengers. 2



### A person traveling free or under token charge s, except those expressly named in the definition of revenue passenger; a person trave ling at a fare or disc ount available only to employees or authorized persons of air carrier s 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 § 217.1Page 7 of 23
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### The definition includes but is not limited to ai rline retirees, discounted travel for travel agents, buddy passes/companion fares, and m echanics 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 ai r carrier operating the aircraft; (2) Directors, officers, employees, and others au thorized by the air carri er or another carrier traveling pursuant to a pa ss interchange agreement; (3) Travel agents being transported for the purpose of familiarizing themselves with the carrier's services; (4) Witnesses and attorneys attending any lega l 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, includi ng any person who has the duty of guarding government officials who are traveling on offici al business or traveli ng 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 b een assigned the duty to guard such aircraft against unlawful seizure, sabotage, or other unlawful interference; (10) Safety inspectors of the National Trans portation Safety Board or the FAA in their
official duties or traveli ng to or from such duty; (11) Postal employees on duty in charge of th e mails or traveling to or from such duty; (12) Technical representatives of companies th at 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 pr omoting air transportation; (14) Air Marshals and other Transportation Secu rity Administration officials acting in their official capacities and while traveling to and from their official duties; (15) Other authorized persons, when such tr ansportation is undertaken for promotional

purpose; (16) Supernumeraries (company employees present in the cabi n of aircraft for the purpose of conducting certain passenger service or othe r non-safety-related activities such as serving beverages, conducting customer rela tions, or selling ticke ts, and not listed on
the load manifest as either cr ewmembers or flight attendants.)); (17) Occupants of ferry flights; and (18) Mechanics.

(e) Non-ticketed Revenue passengers.

A passenger for whose transportation an air car rier 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;Page 8 of 23
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### (2) Military Charters; and (3) Persons who are not employees of the air ca rrier present on the aircraft to perform certain passenger service or other non-sa fety-related duties, (e.g. horse handler, medevac medical nurse)

(f) On-demand operators.

Air carrier certificate holders who conduct Part 1 35 operations as on-demand direct air
carriers in accordance with Title 14 CFR 119.

(g) Passenger.

A person aboard a covered flight segment rega rdless of whether he or she paid for the transportation, had a reservation, or occupied a seat, except th e 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 sta ndby 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 designa ted 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 othe rs receiving air trans portation 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 o ccupy their own individual seat are considered

non-revenue passengers.

Revenue passengers include, but are not limited to, the following examples: (1) Passengers traveling under publ icly available ticke ts including promotional offers (for example two-for-one) or loyalty programs (f or example, redemption of frequent flyer points); (2) Passengers traveling on vouche rs or tickets issued as co mpensation for denied boarding or in response to consumer complaints or claims; (3) Passengers traveling at corporate discounts; (4) Passengers traveling on preferential fare s (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 websit e, information telephone line, or third party that provides accurate information to passengers on the types of hazardou s 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 th e aircraft operator’s behalf, or any other person who sells, offers for sale, or holds itself out as selli ng air transportation.

(m)Ticket purchase.

An airline ticket is a legal record or docum ent confirming the purchase of a seat on an airline flight for a specific date and time; doc uments may include a pa per ticket, electronic ticket, passenger itinerary receipt, purchase invoice, purchase confirmation, boarding document(s), etc. and represent an agreement between a passenger/purc haser and an airline operator for transportation. Purchase incl udes direct payment to an air operator, intermediary agent or ticket seller, tour operator, ticketing outlet, etc.

10. BASIC REGULATORY REQUIREMENTS

The regulatory requirements for notificati on to passengers of hazardous materials restrictions and passenger ac knowledgement 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.Page 10 of 23
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### B. IMPLEMENTATION GUIDANCE FOR PART 121 OPERATORS

11. PART 121 OPERATIONS

Most U.S. passenger airline travel is conduc ted under Part 121 operations. Passengers typically purchase airline tickets unassisted using an Internet enab led tool (e.g. website, mobile device or kiosk) or assi sted 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 repr esentative. Passenger s typically check-in unassisted using an Internet enabled tool (e.g. we bsite, mobile device, kiosk or RFID chip) or assisted through
direct interaction with an air line representative or an airlin e’s appointed repr esentative (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 in to the cabin. Part 121 operators own, lease, and/or maintain air passenger f acilities including tick et 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 selle rs (including travel agencies , third party ticket sellers, corporate travel department(s), and onlin e ticket providers) provide information onPage 11 of 23
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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, th at single person is assu ming the responsibility of providing hazardous materials restrictions to each passenger travel ing, and is responsible for providing the indication of unde rstanding on behalf of the group.

(e) Code Share Operations

In the case of code share operations, it is the re sponsibility of each airline operator to ensure
that a notification of hazardous materials rest rictions is provided and an acknowledgement is obtained from passengers. This may be ach ieved 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 ma terials restrictions and/or provided acknowledgement since most airline operators follow th e 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 notific ation and acknowledgement requirements of 49 CFR 175.25 and the passenger exce ptions 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 incidents 3 

### , such as lithium batteries and oxygen.

In addition, the notification may include information on it ems 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/ § 175.31Page 12 of 23
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### their person. For example, items such as sma ll quantities of medicina l and toilet articles and lithium batteries and spares, as well as th e conditions for carriage of these items, may
be included in the notification.

The passenger notification may incl ude 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 material s forbidden for carriage; and

(1) Lithium batteries (e.g. spares in checked baggage, batteri es 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 maxi mum $250,000); and/or (2) Criminal (up to 5 years imprisonment).

Note: Information on penalties for violations is only requir ed to be placed on airport signage and is optional for all other passenger notifications.

13. APPLICABILITY OF PASSENGER NOTIFICATION

Passenger notification of hazardous materials rest rictions should be built into the general process for ticket purchase and check-in. Passe nger notification prior to ticket purchase and check-in is not explicitly required for non-ti cketed passengers; however, it is recommended that these passengers be provided hazardous materi als information or directed to a source of information at the time their travel arrange ments are made. The passenger notification requirements may differ depending on whether or not (i) the Part 121 operator issues a ticketPage 13 of 23
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### or boarding pass to the passenger or (ii) th e passenger is revenue or non-revenue. The following table shows when notificati on 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 Required 1 

### Recommended Recommended 1



### NonTicketed 2 

### Recommended
Hazardous
materials
information be provided, during booking, or when
travel arrangements are made via contract

or agreement. Recommended 1 

### Recommended, 3



### Hazardous

materials
information be provided, during booking, or when
travel arrangements are made via contract

or agreement. Recommended 1,3

1 

### Signage may satisfy this requirement.

2 

### Charter operations and carriage of supernumer aries are considered to be non-ticketed.

3 

### Airline employees may be allowed to comple te a training course on hazardous materials passenger restrictions and provi de an annual acknowledgement.

Note: When a ticket purchase and check-in occurs in a single transaction, hazardous materials notification and passe nger acknowledgement are requi red 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 tr ansaction triggers one or more subsequent check-in transactions as part of a single itinerary, one indication of understanding of hazardous materials restrictions will suffice onl y if the itinerary is co mpleted within [TBD] days (e.g. same day travel or automated check-in etc.).

14. INDICATION OF UNDERSTANDING HA ZARDOUS MATERIALS RESTRICTIONS.

Information regarding the hazardous materials restrictions for checked or carry-on baggage must be provided to the passenger or a pe rson acting on the passenger’s behalf during the ticket purchase and check-in process. Befo re the passenger can proceed with ticket purchase or check-in, the passenger must ac knowledge understandi ng of the hazardous
material restrictions.Page 14 of 23
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### Options for indication of understandi ng the restrictions could include:

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

- For assisted transactions vi a phone, e-mail, or ticket counter, an affirmative response from the passenger such as a verbal “I agre e”, “I acknowledge”, or “I understand” or a signature; or

- For other unassisted check-in, a signatur e (e.g. baggage drop se rvice) 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 acknowle dgement 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 passenge r. 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-Ticketed 2 

### Recommended Recommended Recommended 1 

### Recommended 1

1 

### Airline employees may be allowed to comple te a training course on hazardous materials passenger restrictions and provide an annual acknowledgement.

2 

### Charter operations and carriage of supernumer aries are considered to be non-ticketed.

15. NOTIFICATION AT TIME OF TICKET PURCHASE

The passenger or the person acting on the passeng er’s behalf must indi cate understanding of the restrictions on hazardous materials in bagga ge 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.”Page 15 of 23
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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 provi ded 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 restri ctions, contact [your airline].”

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

Prior to ticketing, information on hazardous materi als restrictions such as the options below must be provided by a reservation agen t and/or an automated service message announcement. If an automated message is u tilized, the message must be heard in its entirety and an active selection made.

(1) Recommended (assisted) message:

“Do you understand that Federal law prohibits th e carriage of certain hazardous materials aboard aircraft in your luggage or on y our person and could result in a fine?”

If “yes”: Ticket purchase may be completed.

If “no”: The ticket seller may choose to verba lly 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 befo re 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 wi ll be required to acknowledge understanding of these restrictions. Do you agr ee 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 ha zardous materials restrictions. Do youPage 16 of 23
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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 th e carriage of certain hazardous materials, like aerosols, fireworks, and flammable liqui ds, 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 pa ssenger’s behalf to a source of information, or direct the passenger or a pe rson 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 be half acknowledges understanding.

(c) Online via website or at an airport kiosk

Prior to ticketing, information on hazardous mate rials 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 ha zardous materials restri ctions eith er through text or pictorial form may be used. Alternativ ely, 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. Carri age of prohibited items may result in fines or in certain cases impris onment. 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 smok ing materials carried on your person.Page 17 of 23
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### Certain items are required to be carried with you onboard the aircraft. For example, spare lithium batteries for portable electronic devi ces 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 operato r for information on use of such devices.”

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

Pictorial examples should in clude items commonly carried by passengers and could be specific to the airline operat ion. Pictorial examples coul d 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 matc hes/ Lighter fluid

 Compressed gases / Aerosols

 Oxygen bottles/ Liquid oxygen

 Flammable liquids

 Pesticides/ Poison

 Corrosive material

Note: Use of pictorial format is preferred, a nd 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 passeng er’s behalf must indi cate understanding of the restrictions on hazardous materials in bagga ge 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].”Page 18 of 23
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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 provi ded 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 restri ctions contact [your airline].”

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

In person (assisted) passenger not ification at check-in may be completed through signage (electronic or otherwise) , provided it is legible an d prominently displayed.

Check-in by telephone or electr onic communication with the a ssistance of a representative or automated service is not an option offe red by operators and th erefore no guidance is
offered.

(c) Online via website or at an airport kiosk

Prior to check-in, information on hazardous mate rials restrictions must be provided and the passenger must give an indi cation of understanding.

A stand-alone notification that displays th e 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 be fore 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. Carri age of prohibited items may result in fines or in certain cases impris onment. 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 materialPage 19 of 23
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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 smok ing 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 devi ces 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 operato r for information on use of such devices.”

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

Pictorial examples should in clude items commonly carried by passengers and could be specific to the airline operation. Pictoria l 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 matc hes/ 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 board ing authority/boarding pass and retrieves baggage for delivery to airline or screening area)

In order to utilize th e remote unassisted check-in opti on, 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 ch eck-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. Carri age of prohibited items may result in fines or in certain cases impris onment. Please ensure there are no forbidden hazardous materials in your baggage such as:Page 20 of 23
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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 airc raft. 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 operato r 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 require d, 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 lo cations where the aircraft operator issues tickets, checks baggage, and mainta ins 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. Carri age of prohibited items may result in fines or in certain cases impris onment. 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 materialPage 21 of 23
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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 incorpor ated into electronic displays when possible. Electronic signage may be used in lieu of phys ical signage. When el ectronic displays are used, the hazardous materials information may be cycled at an appropr iate 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 ar eas. In most cases, passengers arrange for transportation via a flight booki ng process and the business arrangement is documented by a flight confirmation document between the opera tor 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 princi pal base of operations and in some cases board directly from their vehicles. Most passenger enplan ements 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 ar e 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 verb al or electronic means);

- Contract or other written agreemen t established with the operator;

- Verbal notification or signage to passenge rs 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 typi cally provide single entity charters, where one person has purchased the entire seating capacity of the airc raft for the flight. Part 135 operators enplane passenge rs at fixed-base operator (FBO) f acilities 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).Page 22 of 23
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### When display of signage is not practicable, alternate methods of pa ssenger notification may
be used as follows:

- Contract or agreement es tablished with operator;

- Passenger newsletter or similar communication;

- Verbal notification at ti me of baggage acceptance from each passenger; or

- Other means establis hed by the operator.

(c) Electronic signage

Recognizing the advances in technology and electronic communication, it is recommended the hazardous materials restrictions be incorpor ated into electronic displays when possible. Electronic signage may be used in lieu of phys ical signage. When el ectronic displays are used, the hazardous materials information may be cycled at an appropr iate interval that ensures passenger visibility.Page 23 of 23
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### D. REFERENCES

20. SOURCES OF INFORMATION

DOT/PHMSA/FAA/TSA

http://safetravel.dot.gov/

TSA

http://www.tsa.gov/traveler-i nformation/prohibited-items

FAA

http://www.faa.gov/go/hazmatsafety

PHMSA Hazardous Material s Information Center

(800) HMR49-22 or (800) 467-4922

Airline Operator and/or Commercial Websites

An operator of passenger aircraft should ha ve 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 vi a 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.