To provide a limited exemption from compliance with FAA and PHMSA standards for the air transportation within Alaska of cylinders of compressed oxygen, nitrous oxide, or other oxidizing gases without regard to the end use of the cylinders.

SA 3492. Mr. BEGICH (for himself and Ms. Murkowski) submitted an
amendment intended to be proposed to amendment SA 3452 proposed by Mr.
Rockefeller to the bill H.R. 1586, to impose an additional tax on
bonuses received from certain TARP recipients; which was ordered to lie
on the table; as follows:

At the appropriate place, insert the following:

SEC. ___. CYLINDERS OF COMPRESSED OXYGEN, NITROUS OXIDE, OR
OTHER OXIDIZING GASES.

(a) In General.--The transportation within Alaska of
cylinders of compressed oxygen, nitrous oxide, or other
oxidizing gases aboard aircraft shall be exempt from
compliance with the requirements, under sections
173.302(f)(3) and (f)(4) and 173.304(f)(3) and (f)(4) of the
Pipeline and Hazardous Material Safety Administration's
regulations (49 C.F.R. 173.302(f)(3) and (f)(4) and
173.304(f)(3) and (f)(4)), that oxidizing gases transported
aboard aircraft be enclosed in outer packaging capable of
passing the flame penetration and resistance test and the
thermal resistance test, without regard to the end use of the
cylinders, if--
(1) there is no other practical means of transportation for
transporting the cylinders to their destination and
transportation by ground or vessel is unavailable; and
(2) the transportation meets the requirements of subsection
(b).
(b) Exemption Requirements.--Subsection (a) shall not apply
to the transportation of cylinders of compressed oxygen,
nitrous oxide, or other oxidizing gases aboard aircraft
unless the following requirements are met:
(1) Packaging.--
(A) Smaller cylinders.--Each cylinder with a capacity of
not more than 116 cubic feet shall be--
(i) fully covered with a fire or flame resistant blanket
that is secured in place; and
(ii) placed in a rigid outer packaging or an ATA 300
Category 1 shipping container.
(B) Larger cylinders.--Each cylinder with a capacity of
more than 116 cubic feet but not more than 281 cubic feet
shall be--
(i) secured within a frame;
(ii) fully covered with a fire or flame resistant blanket
that is secured in place; and
(iii) fitted with a securely attached metal cap of
sufficient strength to protect the valve from damage during
transportation.
(2) Operational controls.--
(A) Storage; access to fire extinguishers.--Unless the
cylinders are stored in a Class C cargo compartment or its
equivalent on the aircraft, crew members shall have access to
the cylinders and at least 2 fire extinguishers shall be
readily available for use by the crew members.
(B) Shipment with other hazardous materials.--The cylinders
may not be transported in the same aircraft with other
hazardous materials other than Division 2.2 materials with no
subsidiary risk, Class 9 materials, and ORM-D materials.
(3) Aircraft requirements.--
(A) Aircraft type.--The transportation shall be provided
only aboard a passenger-carrying aircraft or a cargo
aircraft.
(B) Passenger-carrying aircraft.--
(i) Smaller cylinders only.--A cylinder with a capacity of
more than 116 cubic feet may not be transported aboard a
passenger-carrying aircraft.
(ii) Maximum number.--Unless transported in a Class C cargo
compartment or its equivalent, no more than 6 cylinders in
each cargo compartment may be transported aboard a passenger-
carrying aircraft.
(C) Cargo aircraft.--A cylinder may not be transported
aboard a cargo aircraft unless it is transported in a Class B
cargo compartment or a Class C cargo compartment or its
equivalent.
(c) Definitions.--Terms used in this section shall have the
meaning given those terms in parts 106, 107, and 171 through
180 of the Pipeline and Hazardous Material Safety
Administration's regulations (49 C.F.R. parts 106, 107, and
171-180).
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