Federal Register / Vol. 77, No. 141 / Monday, July 23, 2012 / Notices 43141 

a long life span, requiring long lead 

times for new technologies to be widely 

incorporated in the fleet and close 

attention to financial feasibility. 

Airborne systems must be lightweight 

and fuel-efficient. Airlines and other 

aircraft operators will need to invest the 

capital to purchase aircraft with new 

technologies for aviation to realize the 

environmental and operational benefits. 

Airport infrastructure requires 

substantial planning and construction 

effort, as well as public and financial 

support. Noise, air quality, and climate 

effects of aviation result from an 

interdependent set of technologies and 

operations, so that action to reduce 

impacts in one area (e.g., aircraft engine 

noise) can increase impacts in another 

area (e.g., nitrogen oxides emissions). 

Efforts to protect water quality by 

reducing deicing fluid discharge could 

affect safety and efficiency of 

operations. Such considerations 

increase the challenge of achieving 

ambitious environmental and energy 

goals. Nevertheless, aviation’s 

impressive record of creativity and 

innovation can rise to these challenges. 

This policy statement is intended to 

outline strategies and approaches 

necessary to meet the environmental 

and energy challenges that confront the 

U.S. civil aviation system. There is a 

shared commitment to moving the 

aviation sector to environmental 

performance that will reduce aviation’s 

noise, air quality, climate, energy, and 

water quality impacts notwithstanding 

the anticipated growth in aviation. 

Through broad inclusion and sustained 

commitment among all stakeholders, the 

U.S. will be a global leader in 

researching, developing, and 

implementing technological, operational 

and policy initiatives that address 

mobility and environmental needs. 

Lourdes Q. Maurice, 

Executive Director, Office of Environment and 

Energy. 

[FR Doc. 2012–15908 Filed 7–20–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

Air Carrier Hazardous Materials 

Passenger Notification Requirements: 

Acceptable Means of Compliance 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of public meeting and 

related information. 

SUMMARY: This notice is to advise 

interested persons that the Federal 

Aviation Administration (FAA), in 

coordination with the Pipeline and 

Hazardous Materials Safety 

Administration (PHMSA), will conduct 

a public meeting to discuss Air Carrier 

Hazardous Materials Passenger 

Notification Requirements and 

Acceptable Means of Compliance with 

49 CFR 175.25. The public meeting, to 

be held on August 16th, 2012 in 

Washington, DC, is intended to provide 

interested persons with an opportunity 

to submit comments and participate in 

discussions concerning the acceptability 

of various means of compliance with 

federal hazardous materials regulations. 

DATES: August 16th, 2012; from 1 p.m. 

to 4 p.m. 

Meeting Location 

Airlines for America, 1301 

Pennsylvania Ave. NW., 11th Floor, 

Washington, DC 20004. 

Any person wishing to attend the 

public meeting (in person or via 

telephone) should send an email to 

9-AWA-ASH-ADG-HAZMAT@faa.gov 

with the subject line ‘‘Attendee 

Information for Passenger Notification 

Meeting’’ no later than the close of 

business on August 9th, 2012. Please 

include the names and contact 

information (Organization/Email/ 

Address/Telephone Number) for any 

individuals planning to attend, and 

indicate whether attendance will be in 

person or via telephone. Providing this 

information will allow us to send you 

meeting documents prior to the meeting, 

assist us in recordkeeping for the 

meeting, facilitate the security screening 

process for entry into the building on 

the day of the meeting, and ensure 

adequate seating space and telephone 

conference lines for all attendees. 

We are committed to providing equal 

access to this meeting for all 

participants. If you need alternative 

formats or other reasonable 

accommodations, please call (202) 385– 

4916 or email: 9-AWA-ASH-ADGHazMat@faa.gov with your request by 

the close of business on August 9, 2012. 

Attendees will be required to check in 

with the security desk in the building 

lobby, 1st floor. When they get to the 

11th floor, a receptionist will guide 

them to the meeting room. 

Conference Call Information: 

Telephone conference capability will be 

provided to allow participation from 

interested individuals who are unable to 

attend the meeting in person. To join 

the telephone conference, call (605) 

475–3200 and enter passcode 981243#. 

Prior to the meeting, copies of 

documents for the Air Carrier 

Hazardous Materials Passenger 

Notification Requirements Public 

Meeting and the meeting agenda will be 

distributed by email to all individuals 

who register as participants at the 

meeting. 

Comment Submission: Stakeholders 

are encouraged to submit comments 

prior to the August 16th, 2012 public 

meeting by emailing to 9-AWA-ASHADG-HAZMAT@faa.gov. Please mark 

submissions with the subject line 

‘‘Comments for Passenger Notification 

Public Meeting.’’ After the meeting, all 

comments received will be posted 

without change to the following Web 

site, including any personal 

information: http://www.faa.gov/about/ 

office_org/headquarters_offices/ash/ 

ash_programs/hazmat/aircarrier_info/. 

FOR FURTHER INFORMATION CONTACT: 

Kenneth Miller, Federal Aviation 

Administration, Office of Hazard 

Materials Safety (ADG–1), 800 

Independence Ave. SW., Washington, 

DC 20591. Email: 

kenneth.miller@faa.gov. Phone: 

202–385–4916 

SUPPLEMENTARY INFORMATION: 

I. Background 

49 CFR 175.25 defines requirements 

for notification at air passenger facilities 

of hazardous materials restrictions. One 

primary purpose for this rule is to 

enhance public safety awareness 

regarding the carriage of hazardous 

materials onboard aircraft, either as 

carry-on items or in checked baggage. 

Improved public safety awareness in 

this area increases passenger 

compliance with applicable 49 CFR 

requirements, thus enhancing overall 

aviation safety by reducing the 

likelihood of inappropriate items being 

transported onboard aircraft. 

The Pipeline and Hazardous Materials 

Safety Administration (PHMSA) 

amended 49 CFR 175.25 on January 19, 

2011 (76 FR 3382). The amendments 

included requirements for passenger 

notification during ticket purchase and 

check-in. The amended rule has an 

effective date of January 1, 2013. While 

PHMSA has the primary responsibility 

for issuing 49 CFR regulations, the FAA 

has primary responsibility for 

overseeing compliance with these 

regulations as they pertain to air 

transportation. PHMSA and the FAA 

have received numerous inquiries 

regarding specific interpretations of the 

amended requirements and the 

acceptability of certain means of 

compliance with the revised rules. 

II. Purpose of Public Meeting 

The FAA seeks to collaborate with the 

air passenger transportation community 

in defining and implementing a 

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43142 Federal Register / Vol. 77, No. 141 / Monday, July 23, 2012 / Notices 

standard means of compliance with the 

49 CFR 175.25 requirements. FAA 

envisions this collaboration occurring 

through the following process: 

Step 1—Initial Public Meeting (the 

subject of this announcement, discussed 

in detail below). 

Step 2—FAA posting for public 

comment a draft advisory circular 

describing one acceptable means of 

compliance with 49 CFR 175.25. This 

means of compliance would be the 

recommended standard for compliance. 

Step 3—FAA posting of a final 

advisory circular, including dispositions 

to comments received on the draft 

advisory circular. 

FAA, in coordination with PHMSA, is 

holding this public meeting to provide 

an opportunity for all interested parties 

to comment on the FAA’s plan for 

collaboration with the air passenger 

transportation community. This meeting 

is also intended to provide an 

opportunity for all interested parties to 

provide input on the standard means of 

compliance for 49 CFR 175.25. 

The FAA and PHMSA also seeks 

input on the anticipated 

implementation timeline for a standard 

means of compliance with 49 CFR 

175.25 requirements, relative to the 

current effective date for amendments to 

49 CFR 175.25 adopted in 76 FR 3382. 

Stakeholders are encouraged to submit 

questions, comments, 

recommendations, and other input in 

advance. (Please see the Comment 

Submission section above.) 

III. Clarification Questions Regarding 

49 CFR 175.25 

In preparation for this public meeting, 

the FAA and PHMSA are providing 

responses below to questions regarding 

specific interpretations of the 49 CFR 

175.25 rule. The following questions 

were submitted to the FAA by the 

Council on Safe Transportation of 

Hazardous Materials (COSTHA). 

Q1. 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 (HM–215K)) 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? 

A1. While § 175.25(b) took effect 

January 1, 2012, the passenger 

acknowledgement portion of the rule is 

scheduled to take effect January 1, 2013. 

Q2. 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? 

A2. As defined in 14 CFR 241.03 and 

for the purpose of this response, a nonrevenue 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 nonticketed 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 nonticketed passengers, the FAA and 

PHMSA 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)(1) and (2), or 

would a simplified statement that 

guides them to additional information 

(i.e., carrier Web site) suffice? 

A4. A simplified statement may be 

acceptable, and may actually be the 

preferred means of compliance. The 

FAA and PHMSA 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)? 

A5. 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 arrangements 

during re-accommodation situations for 

inclusion in a future FAA advisory 

circular on passenger notification. 

Q7. In a bulk purchase or charter 

situation, would a single individual 

responding on behalf of their party be 

acceptable for compliance with 

§ 175.25(b) and (c)? Would such an 

acknowledgement be acceptable for 

military charters as well? 

A7. Both § 175.25(b) and (c) allow for 

acknowledgement by a person acting on 

the passenger’s behalf. While this allows 

for acknowledgement by a single 

individual, PHMSA and FAA solicit 

input on best practices for notification 

of passengers in bulk purchase, charter 

flight, or similar situations for inclusion 

in a future FAA advisory circular. 

Q8. Is the actual language in 

§ 175.25(a)(1) and (2) required in all 

cases? If so, how does a carrier provide 

notice of additional materials forbidden 

beyond those covered in the general 

language? The ICAO Technical 

Instructions do not require specific 

language but instead require the carrier 

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Federal Register / Vol. 77, No. 141 / Monday, July 23, 2012 / Notices 43143 

to develop their own language and 

format. 

A8. The information provided in 

§ 175.25(a)(1) 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. The FAA and 

PHMSA solicit input on best practices 

for conveying hazardous materials 

safety information, including the 

information provided in § 175.25(a)(1) 

and (2), for inclusion in a future FAA 

advisory circular on passenger 

notification. 

Q9. This rule applies to 14 CFR 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. The FAA and PHMSA 

solicit input on best practice 

arrangements between foreign and 

domestic air carriers for inclusion in a 

future FAA advisory circular on 

passenger notification. 

Q10. 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 scenarios, a non-carrier 

operation performs the check-in 

function. Therefore, the carrier has 

limited or no contact with the passenger 

during the check-in process. An 

example would include a military 

charter originating from a U.S. military 

installation. 

A10. 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. 

Q11. 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)(1) and (2) but varies in 

content to address recent incidents 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. 

A11. The information provided in 

§ 175.25(a)(1) 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. The FAA and 

PHMSA solicit input on best practices 

for conveying hazardous materials 

safety information, including the 

information provided in § 175.25(a)(1) 

and (2), for inclusion in a future FAA 

advisory circular on passenger 

notification. 

Issued in Washington, DC, on July 17, 

2012. 

Christopher Glasow, 

Director, FAA Office of Hazardous Materials 

Safety. 

[FR Doc. 2012–17850 Filed 7–20–12; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF TRANSPORTATION 

Federal Highway Administration 

Limitation on Claims for Judicial 

Review; Re-Evaluation With Respect to 

the Willits Bypass Project, Willits, CA 

AGENCY: Federal Highway 

Administration (FHWA), DOT. 

ACTION: Notice of limitation on claims 

for judicial review of actions by the 

California Department of 

Transportation. 

SUMMARY: This notice announces that 

Federal actions taken by the California 

Department of Transportation (Caltrans) 

pursuant to its assigned responsibilities 

under 23 U.S.C. 327 are final within the 

meaning of 23 U.S.C. 139(l)(1). FHWA, 

on behalf of Caltrans, is issuing this 

notice to announce that, with respect to 

the State Route 101 Willits Bypass 

Project in Willits (Mendocino County), 

California, two Re-evaluations were 

prepared in order to determine whether 

a supplemental Environmental Impact 

Statement (SEIS) should be undertaken. 

Based upon the analyses contained in 

the Re-evaluations, Caltrans has made 

the determination that preparation of a 

SEIS is not warranted and will therefore 

not be undertaken. 

SUPPLEMENTARY INFORMATION: Caltrans 

conducted two Re-evaluations of the 

Final Environmental Impact Statement 

(FEIS) issued by FHWA in October 2006 

(a Record of Decision for which was 

posted in the Federal Register in 

January 2007). The first Re-evaluation 

was conducted in June 2010 in response 

to new information and changes that 

were made to the project, including 

changes to the preferred alignment to 

reduce and/or avoid impacts, 

acquisition of mitigations parcels, and 

relocation of utilities. 

The second Re-evaluation was 

conducted in December 2011 in 

response to new information and 

changes that were made to the project, 

including changes and new information 

pertaining to Baker’s Meadowfoam, 

agricultural lands, fires, floods, invasive 

plants, and economic impacts of the 

mitigation parcels, greenhouse gas, 

aesthetics, historic properties, and land 

use. 

The purpose of the Re-evaluations 

was to examine potential environmental 

impacts resulting from the new 

information and proposed changes to 

the Willits Bypass Project and in order 

to determine whether a SEIS should be 

prepared in accordance with 40 CFR 

1502.9(c). Based upon the Reevaluations, Caltrans made the 

determination that preparation of a SEIS 

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