DOT Explains Air Transport Exception
PHMSA 03-30 notice spare fuel cell cartridges.pdf
On March 30, 2015 (80 FR 16579), the Pipeline and Hazardous Materials Safety Administration (PHMSA) published a Notification of a More Definitive Statement in the federal register regarding the carriage of spare fuel cell cartridges in passenger and crew member checked baggage. Lilliputian Systems, Inc. (Lilliputian) contested PHMSA’s final rule published January 19, 2011 (76 FR 3308) revising the passenger exceptions listed in 49 CFR 175.10, first by filing an administrative appeal, then challenging this final rule in the United States Court of Appeals for the District of Columbia Circuit. On January 31, 2014, the Court remanded the rule and ordered PHMSA to provide further explanation for the prohibition on airline passengers and crew carrying flammable gas fuel cell cartridges in their checked baggage, including its response to Lilliputian’s comments. As a result, PHMSA is issuing this federal register notice which provides a more thorough explanation and substantial evidence to support PHMSA’s decision to prohibit the carriage of spare fuel cell cartridges in passenger and crew member checked baggage.
