{"operation":"document","citation":"01-0129","title":"AirTran Airways, Inc — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2001-05-25","effective_on":null,"summary":"01-0129 response to AirTran Airways, Inc concerning 175.10.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-01-0129.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-01-0129.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-01-0129","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2001/010129.pdf","body":"<<<PAGE 1>>>\n\nof Transportatior\nJ.S. Department\nesearch ane\nAdministration\npecial Program\nMAY 2 5 2001\nMr. Gregory R. Curtis\nRef. No. 01-0129\nDirector, Customer Service Standards and Procedures\nAirTran Airways, Inc.\n9955 AirTran Boulevard\nOrlando, FL 32827\nDear Mr. Curtis:\nThis is in response to your letter dated May 23, 2001, concerning requirements in the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) for the safe transportation aboard an\naircraft of a wheelchair or other battery-powered mobility aid equipped with a nonspillable\nbattery. Specifically, you ask for clarification of provisions in § 175.10(a)(19)(iv).\nYour questions are paraphrased and answered as follows:\nQ1.\nIs it permissible to transport a wheelchair with an attached nonspillable battery when the\nwheelchair cannot be loaded in an upright position?\nAl.\nYes. As indicated in the final rule (58 FR 50496, September 27, 1993) that adopted\n§ 175.10(a)(19), \"RSPA stated that the intent of the change was to clarify that a\nnonspillable battery may be removed from the wheelchair and packed separately, if\nnecessary (e.g., if the battery were not adequately secured to the wheelchair).\" When a\nnonspillable battery is securely attached to a wheelchair in a manner that assures it will\nnot become separated under normal conditions of transportation, there is no need for the\nnonspillable battery to be packed separately. Accordingly, the wheelchair then may be\nloaded in other than an upright position.\nQ2.\nWhen a wheelchair cannot be loaded in an upright position, does the battery have to be\n\"NONSPILLABLE\" or \"NONSPILLABLE BATTERY \" or is it acceptable for the\nfully enclosed in a rigid housing (outer package) that is plainly and durably marked\nbattery to simply be secured to the wheelchair?\nA2.\nWhen a wheelchair cannot be stored in an upright position, the provisions of\n§ 175.10(a)(19) require that a nonspillable battery must be removed and separately\npackaged only when the battery is not securely attached to the wheelchair. Even if secured\ndirectly to the wheelchair, the battery must be marked \"NONSPILLABLE\" or\n\"NONSPILLABLE BATTERY.\" See § 173.159(d).\n010129\n11510\n\n<<<PAGE 2>>>\n\n•\nQ3\nWhat is the intent of the packaging and marking requirements in § 173.159(d)(1)-(2)?\nA3.\nSection 173.159(d) addresses specific standards that a nonspillable battery must meet to\nintended to facilitate the easy identification of a nonspillable battery by carriers,\nreshippers, and compliance enforcement personnel to know whether the battery may be\noffered for transportation or transported under the general exception from the HMR.\nI hope this satisfies your inquiry. If we can be of further assistance, please contact us.\nSincerely,\nThorn ts. Allen\nThomas G. Allan\nSenior Transportation Regulations Specialist\nOffice of Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\nAIRTRANHDQ\nFax:14072515602\nMay 23 '01\n10:04\nP. 01/02\nAirTran.\nAllan.\n$175.10(a) 19)(iv)\nAircraft\nGregory R. Curtis\n01-0129\nDirector Customer Service Standards and Procedures\nTom Allen\nDHM-10\nOffice of Hazardous Material Standards.\nWashington, DC 20590\nUnited States Department of Transportation\nDear Mr. Allen:\nI am writing to request a formal interpretation of CFR 49, Part 175.10(aX19Xtv) as it\npertains to the acceptance of wheelchairs or mobility aids equipped with nonspillable\nbatteries. Specifically, AirTran Airways has operated with the understanding that CFR\n49, Part 175.10(a)(19)(iv) requires a wheelchair or other mobitity aid equipped with &\nrequirements:\nnonspillable battery to be carried as checked baggage in accordance with the following\n• The battery is removed and placed in a strong, rigid package that is marked\nNONSPILLABLE BATTERY, or\n• It is handled in accordance with 175.10(a)(20)(iv)\nThe placement and content of the parenthetical reference contained in CFR 49, Part\n175.10(aX19X(iv) advocates that the battery mist be contained in an outer package (fully\nenclosed, rigid housing) that is properly marked. This interpretation is supported by\nCFR 49, Part 175.10(a)(19Xi), which requires the battery to meet the provisions of\nSection 173.159 (d). Section 173.159 (dX(1) requires the battery to be protocted agamst\nshort circuits and securely packaged, and Section 173.159 (aX2) requires the battery and\nouter packaging to be plainly and durably marked \"nonspillable\" or \"nonspillable\nplaced in an outer package to prevent short circuits and damage.\nbattery\". Collectively, the requirements portray a desire to have the nonspillable batteries\nI am seeking clarification and guidance with respect to the following:\n1. Is it permissible to transport, by aircraft, a wheelchair or mobility aid with a\nstowed, secured and/or unloaded in an upright position?\nnonspillable battery attached when the wheelchair or mobility aid camot be loaded,\n\n<<<PAGE 4>>>\n\nAIRTRANHDQ\nFax: 14072515602\nMay 23 '01\n10:05\nP. 02/02\n2. If item 1 above is acceptable, does the battery have to be fully enclosed in a rigid\n\"NONSPILLABLE BATTERY\", or is it acceptable for the battery to simply be\nhousing (outer package) that is plainly and durably marked \"NONSPILLABLE\" OF\nsecured to the wheelchair or mobility aid?\n3. What is the intent of the packaging and marking requirements in Sections 173.159\n(d)X1) and (2)?\nI greatly appreciate your assistance with this very important matter.\nSincerely,\nFregory N. Curtis\nGregory R. Curtis","truncated":false,"body_characters":5380}