Hazardous Waste

Below is an email sent to a friend recently contacted by the U.S. Department of Transportation following the confiscation of some matches and a lighter during check-in for a Boston to San Francisco flight. Basically it provides an opportunity to "furnish information" to the investigation and informs V. of the penalty under Title 49, United States Code 5123(a)(1). The things bureaucracy does to keep us safe.

---

hey man ... That is one crazy letter. It seems to only reference the lighter and matches, so it is pretty surprising (and a damn bit ridiculous) that they attempt to track down someone for this. But it is not the first time someone has called an overprotective Department of the U.S. Government ridiculous, so - more out of interest than anything - I decided to check further into it.

NOTE AT THIS POINT, I MUST STRESS THAT I AM NOT A QUALIFIED LAWYER WITH RESPECT TO THE LAWS OF THE UNITED STATES, AND THE FOLLOWING REPRESENTS ONLY A PERSONAL OPINION. DO NOT RELY ON THIS AS LEGAL ADVICE. IT IS RECOMMENDED THAT YOU CONTACT A LAWYER IF YOU HAVE FURTHER QUESTIONS.

Heh. Now on to my initial thoughts:

(1) First of all, you can find the relevant regulations here: http://www.myregs.com/dotrspa/
Click on the link (PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION) and then Subchapter 3 (HAZARDOUS MATERIALS REGULATIONS). The letter refers to parts 171 to 180. Most relevant are the General Information in 171 and the specific references to "Carriage by Aircraft" in Part 175.

(2) You'll find it interesting that it states in Part 175.10(a)(2) that: "Safety matches or a lighter intended for use by an individual when carried on one's person or in carry-on baggage only. Lighter fuel, lighter refills, and lighters containing unabsorbed liquid fuel (other than liquefied gas) are not permitted on one's person or in carry-on or checked baggage."

Your problem is that the "Strike-Anywhere" matches do seem to have been deemed to be a "hazardous material" and so an illegal object for airplane carry on, contrary to Part 175.1(b)(2). The same is true of the Lighter, probably because it contained some liquid fuel.

(3) That said, I wouldn't worry about it too much though, and here's why. Part 171(g) sets out the penalties section, as follows:

(g) Penalties for noncompliance. Each person who KNOWINGLY violates a requirement of the Federal hazardous material transportation law, an order issued under Federal hazardous material transportation law, subchapter A of this chapter, or a special permit or approval issued under subchapter A or C of this chapter is liable for a civil penalty of not more than $50,000 and not less than $250 for each violation.

The key word there is "knowingly". To successfully charge you with the civil penalty, they need to prove an intent on your part to attempt to carry such materials in your carry-on baggage.

So, all your proposed mitigating circumstances would be helpful and (hopefully) exonerating - you did not know that such would be considered hazardous, nor were you aware that they were on your person at the time. The fact that so many people forget to discard knives, other sharp objects, etc... shows that people often make this mistake. And on that note, Part 175.25 Requires a notification to air passengers, but the minimal requirement does not mention the specific level of detail (ie. distinguishing between types of matches).

I bet you probably got noticed because there were multiple items, and because your name is fairly "foreign-sounding". It is funny that you would have been charged for the same offence if they had caught you attempting to smuggle on ANY so-called "hazardous material", such as plutonium. Though the treatment at the airport might have been different...

SO - you could write to the guy to explain this, just pointing out that you didn't knowingly attempt to carry on these items with you, and frankly, that likely (should) be the end of it. However, it might make it easier for them to track you down to Oxford if so, or hassle you further. It's up to you. This is where I'm a bit uncertain about U.S. law, but it seems to me that the Privacy Act provisions (as well as the general common law) would entitle you to contest any ultimate charges filed against you on the basis that you did not knowingly intend to do this. But by that point it might be a very real hassle, requiring you to get someone in the States to do it for you, or appear yourself.

Anyway, them's my thoughts. Thanks for the exercise. Just so you know, that took about 0.6 hours, which at my current rate works out to about $80 Canadian, or 35 pounds. Today's your lucky day, though I am hoping for a trip to Oxford some week between February and April of next year, and I'll look for some compensation then :) In the mean time, post that letter on your door. You are certain to make some friends among the KGB set, as well as rebellious female Democrats. And really, who else do you need?

Say hello to my lovely little Oxford town. I miss her. And hopefully see you both in a few months in '07.