44374 Federal Register / Vol. 62, No. 161 / Wednesday, August 20, 1997 / Proposed Rules DEPARTMENT OF TRANSPORTATION 267±8166, Federal Aviation exceptions from HMR requirements for Administration, U.S. Department of classification, approval and description Research and Special Programs Transportation, 800 Independence of oxygen generators when shipping to, Administration Avenue, SW., Washington DC 20591. from or within the U.S. under the provisions of international or Canadian SUPPLEMENTARY INFORMATION: 49 CFR Parts 171, 172, and 175 regulations; (4) specify packaging [Docket No. HM±224A; Notice No. 97±8] I. Background requirements for shipment of chemical oxygen generators; and, (5) eliminate an RIN 2137±AC92 On December 30, 1996, RSPA published a notice of proposed exception in § 175.10(a)(24) pertaining Prohibition of Oxidizers Aboard rulemaking (NPRM) in the Federal to personal chemical oxygen generators Aircraft Register (61 FR 68955) proposing to carried by passengers in checked amend the Hazardous Materials baggage. AGENCY: Research and Special Programs Regulations (HMR; 49 CFR parts 171± RSPA received requests from two Administration (RSPA), DOT. 180) to prohibit the carriage of airline industry associations to ACTION: Supplemental notice of oxidizers, including compressed withdraw the proposed rule and not proposed rulemaking. oxygen, in passenger-carrying aircraft. issue the supplemental NPRM. These This proposal also would have the effect requests are denied. RSPA also received SUMMARY: On December 30, 1996, RSPA of limiting packages of oxidizers that are several requests to extend the comment proposed to amend the Hazardous allowed on cargo aircraft to locations period on the December 30, 1996 NPRM Material Regulations to prohibit the accessible to crew members (see for either 60 or 90 days. These requests carriage of oxidizers, including § 175.85(b)). In the December 30, 1996 were not granted. However, RSPA has compressed oxygen, aboard all NPRM, RSPA analyzed the prohibition accepted all late-filed comments to the passenger-carrying aircraft. The effect of of oxidizers in Class D cargo NPRM and, by issuing this this prohibition would be to limit compartments only, and it proposed a supplemental NPRM, RSPA is oxidizers to accessible locations on new § 175.85(d) to prohibit loading or effectively extending until October 20, cargo aircraft. The December 30, 1996 transporting in a Class D compartment 1997 the period for comments on the notice of proposed rulemaking analyzed any package containing a hazardous proposal in the December 30, 1996 Class D cargo compartments and material for which an Oxidizer or NPRM to prohibit the transportation of indicated that a supplemental notice Oxygen label is required. RSPA also oxidizers, including compressed would be published to analyze Class B stated that it planned to issue a oxygen, on board passenger-carrying and C compartments. This supplemental supplemental NPRM further analyzing aircraft. RSPA is denying the requests notice specifically analyzes the the prohibition of oxidizers aboard for an extension of time to comment on prohibition of oxidizers in other than passenger-carrying aircraft in Class B the proposals in the December 30, 1996 Class D cargo compartments. The and C cargo compartments. This is the NPRM pertaining to chemical oxygen proposed requirements would apply to supplemental NPRM to which RSPA generators, other than for the proposed foreign and domestic aircraft entering, referred. If the proposal to completely removal of § 175.10(a)(24). Sufficient leaving, or operating within the United prohibit the transportation of oxidizers time has been provided to comment on States. The purpose of these proposals on passenger-carrying aircraft and limit the generator-related proposals, and is to enhance air transportation safety. their transportation on cargo aircraft to RSPA issued a final rule on these DATES: Comments must be received by accessible locations is adopted, by proposals which was published in the October 20, 1997. adding the word ``Forbidden'' in Federal Register (62 FR 30767) on June ADDRESSES: Address comments to the Column 9A of the Hazardous Materials 5, 1997. Also, RSPA issued an extension Dockets Unit, Research and Special Table in § 172.101 for those materials of effective date and corrections to the Programs Administration, U.S. for which an Oxidizer or Oxygen label June 5, 1997 final rule on June 27, 1997 Department of Transportation, room is required, RSPA would not adopt the (62 FR 34667). 8421, 400 Seventh Street, SW., proposed § 175.85(d), which would On May 31, 1996, the National Washington, DC 20590±0001. prohibit the carriage of these materials Transportation Safety Board (NTSB) Comments should identify the docket in Class D compartments only. issued two recommendations to RSPA, number and be submitted in five copies. The December 30, 1996 NPRM also the following of which is pertinent to Persons wishing to receive confirmation proposed several amendments to this discussion: of receipt of their comments should provisions in the HMR concerning In cooperation with the Federal Aviation include a self-addressed, stamped chemical oxygen generators. These Administration, prohibit the transportation of postcard. The Dockets Unit is located in proposed amendments were discussed oxidizers and oxidizing materials (e.g., nitric the Department of Transportation in Part VII of the preamble to the acid) in cargo compartments that do not have headquarters building (Nassif Building) December 30, 1996 NPRM and, in fire or smoke detection systems. (Class I, at the above address on the eighth floor. summary, would: (1) Add a shipping Urgent Action) (A±96±30) Public dockets may be reviewed there description for ``Oxygen generator, This NPRM was developed by RSPA between the hours of 8:30 a.m. and 5:00 chemical,'' consistent with the recent in cooperation with the FAA. The p.m., Monday through Friday, except adoption of this shipping description by actions proposed herein go beyond the Federal holidays. the International Civil Aviation NTSB recommendation and are based FOR FURTHER INFORMATION CONTACT: Organization (ICAO); (2) indicate in on a preliminary assessment by RSPA Diane LaValle, Office of Hazardous §§ 172.101 (the Hazardous Materials and the FAA of the hazards posed by Materials Standards, (202) 366±8553, Table) and 171.11 that chemical oxygen oxidizers aboard aircraft. In its Research and Special Programs generators may not be transported recommendation, NTSB cited three Administration, U.S. Department of aboard passenger-carrying aircraft or in previous incidents in which oxidizers Transportation, 400 Seventh Street SW., inaccessible cargo compartments in caused fires aboard aircraft. In each of Washington DC 20590±0001; or Gary cargo aircraft; (3) indicate in §§ 171.11, these incidents, there were apparent or Davis, Office of Flight Standards, (202) 171.12, and 171.12a that there are no known serious violations of the HMR. Federal Register / Vol. 62, No. 161 / Wednesday, August 20, 1997 / Proposed Rules 44375 Although RSPA and FAA are not aware In the absence of a fire caused by will be forbidden to be transported on of any fire aboard an aircraft having another source, oxidizers currently a cargo aircraft in an inaccessible cargo been caused directly by transport of authorized for air transportation and compartment (e.g., a Class C or D cargo oxidizers in conformance with the offered in conformance with the HMR compartment) or in an accessible cargo HMR, RSPA and FAA agree that present minimal risks to aircraft, crew compartment in a manner which oxidizers may pose an unacceptable risk and passengers. Most oxidizers will not renders the oxidizer inaccessible. when transported aboard passenger- initiate fires when spilled or released, There are certain hazardous materials carrying aircraft and when transported but they will intensify fires originating which may be listed in the Hazardous aboard cargo aircraft in locations from other sources. The potential hazard Materials Table as ``Forbidden'' on inaccessible to crew members. posed by these oxidizers in an aircraft passenger-carrying aircraft but which Both the NTSB's recommendation and cargo compartment is that, if a fire were may be permitted on passenger-carrying this proposed rule address risks that do to occur elsewhere in the compartment, aircraft under the provisions of not depend on or involve any violation the fire may involve the oxidizer, and exceptions elsewhere in the HMR, such of requirements currently in the HMR most oxidizers would then provide an as for compressed oxygen as proposed regarding the transportation of oxygen-enriched environment which in this notice. RSPA is proposing a oxidizers. For that reason, RSPA and could intensify the fire and override the minor change to § 175.85(b) to clarify FAA disagree with opinions that better safety features of the compartment. that any package bearing a Cargo enforcement of the HMR would be When transported by aircraft, an Aircraft Only label must be stowed sufficient to eliminate the risks present oxidizer is subject to per package accessibly on cargo aircraft, even though in transporting oxidizers on board quantity limits specified in the there may be specific exceptions passenger-carrying aircraft. Hazardous Materials Table, and to elsewhere in the regulations which aircraft quantity limits specified in allow the material on passenger-carrying II. Oxidizers Under the HMR § 175.75. For oxidizers forbidden aboard aircraft