[Federal Register Volume 69, Number 149 (Wednesday, August 4, 2004)]
[Proposed Rules]
[Pages 47074-47075]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-17747]


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DEPARTMENT OF TRANSPORTATION

Research and Special Programs Administration

49 CFR Parts 171, 172, 173, 175, and 178

[Docket No. RSPA-04-17664 (HM-224B)]
RIN 2137-AD33


Hazardous Materials: Transportation of Compressed Oxygen, Other 
Oxidizing Gases and Chemical Oxygen Generators on Aircraft

AGENCY: Research and Special Programs Administration (RSPA), Department 
of Transportation (DOT).

ACTION: Notice of proposed rulemaking (NPRM); extension of comment 
period.

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SUMMARY: RSPA is extending until December 13, 2004, the period for 
interested persons to submit comments on the May 6, 2004 notice of 
proposed rulemaking in response to a request by the Air Transport 
Association (ATA). In the May 6, 2004 NPRM, we proposed to amend the 
Hazardous Materials Regulations (HMR) to require that cylinders of 
compressed oxygen and packages of chemical oxygen generators be placed 
in an outer packaging that meets certain flame penetration and thermal 
resistance requirements when transported aboard an aircraft. This 
proposal was developed based on recommendations from the Federal 
Aviation Administration (FAA). RSPA is also proposing to: Raise the 
pressure relief device setting limit on cylinders of compressed oxygen 
transported aboard aircraft; limit the types of cylinders authorized to 
transport compressed oxygen aboard aircraft; prohibit the 
transportation of all oxidizing gases, other than compressed oxygen, 
aboard cargo and passenger aircraft; and convert most of the provisions 
of an oxygen generator approval into the HMR. These proposals would 
increase the level of safety associated with transportation of these 
materials aboard aircraft.

DATES: Submit comments by December 13, 2004. To the extent possible, we 
will consider comments received after this date.

ADDRESSES: You may submit comments by any of the following methods:
     Web site: http://dms.dot.gov. Follow the instructions for 
submitting comments on the DOT electronic docket site.
     Fax: 1-202-493-2251.
     Web site: http://regulations.gov. Follow instructions for 
submitting comments.

[[Page 47075]]

     Mail: Docket Management System; U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-402, 
Washington, DC 20590-001.
     Hand Delivery: To the Docket Management System; Room PL-
401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., 
Washington, DC between 9 a.m. and 5 p.m., Monday through Friday, except 
Federal holidays.
    Instructions: You must include the agency name and docket number 
RSPA-04-17664 (HM-224B) or the Regulatory Identification Number (RIN 
2137-AD33) for this notice at the beginning of your comment. For 
detailed instructions on submitting comments and additional information 
on the rulemaking process, see the Public Participation section of this 
document. Note that all comments received will be posted without change 
to http://dms.dot.gov including any personal information provided. 
Please see the Privacy Act section of this document.

FOR FURTHER INFORMATION CONTACT: John A. Gale, Office of Hazardous 
Materials Standards, telephone (202) 366-8553, Research and Special 
Programs Administration, U.S. Department of Transportation, 400 Seventh 
Street, SW., Washington, DC 20590-0001 or David Catey, Office of Flight 
Standards, (202) 267-3732, Federal Aviation Administration, U.S. 
Department of Transportation, 800 Independence Avenue, SW., Washington, 
DC 20591.

SUPPLEMENTARY INFORMATION:

I. Background

    On May 6, 2004, RSPA published a notice of proposed rulemaking (69 
FR 25470) to amend the Hazardous Materials Regulations to require that 
cylinders of compressed oxygen and packages of chemical oxygen 
generators be placed in an outer packaging that meets certain flame 
penetration and thermal resistance requirements when transported aboard 
an aircraft. This proposal was developed based on recommendations from 
the Federal Aviation Administration (FAA). RSPA is also proposing to: 
Raise the pressure relief device setting limit on cylinders of 
compressed oxygen transported aboard aircraft; limit the types of 
cylinders authorized to transport compressed oxygen aboard aircraft; 
prohibit the transportation of all oxidizing gases, other than 
compressed oxygen, aboard cargo and passenger aircraft; and convert 
most of the provisions of an oxygen generator approval into the HMR (49 
CFR parts 171-180). These proposals would increase the level of safety 
associated with transportation of these materials aboard aircraft. In 
the NPRM, RSPA requested comments on 15 specific questions pertaining 
to the proposed amendments in order to gather feedback from affected 
members of the regulated community.
    The HMR govern the transportation of hazardous materials in 
commerce in all modes of transportation, including aircraft (49 CFR 
171.1(a)(1)). Parts 172 and 173 of the HMR include requirements for 
classification and packaging of hazardous materials, hazard 
communication, and training of employees who perform functions subject 
to the requirements of the HMR. Part 175 contains requirements 
applicable to aircraft operators transporting hazardous materials 
aboard an aircraft, and authorizes passengers and crew members to carry 
hazardous materials on board an aircraft under certain conditions. Part 
178 contains additional requirements applicable to the specifications 
for packagings in all modes.
    On June 22, 2004, ATA requested an extension of the comment period 
(closing August 13, 2004) until December 13, 2004. ATA stated that its 
member air carriers need additional time to prepare and develop 
comments to RSPA's particular questions. ATA stated that its members 
have determined the need to consult other sources before preparing 
comments, including maintenance and engineering advice. ATA stated that 
carriers have little reliable information about the availability or 
cost of aspects of the NPRM and will need to research the market to 
obtain this information. ATA stated its members need additional time to 
collect information germane to their responses and to provide inclusive 
industry comments on the impact of the NPRM on safety and carrier 
operations. RSPA agrees that extending the comment period on this 
rulemaking is in the public interest because it will assure a more 
thorough consideration of the issues by the affected parties. Therefore 
we are extending the comment period to December 13, 2004.

    Issued in Washington, DC on July 29, 2004, under the authority 
delegated in 49 CFR part 106.
Robert A. McGuire,
Associate Administrator for Hazardous Materials Safety.
[FR Doc. 04-17747 Filed 8-3-04; 8:45 am]
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