{"operation":"document","citation":"01-0309","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":"01-0309 response to AirTran Airways, Inc. concerning 175.10.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-01-0309.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-01-0309.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-01-0309","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2001/010309.pdf","body":"<<<PAGE 1>>>\n\n•\nRTG. SYMBOL\nCONCURRENCES\nMAY 2 5 2001\n\"INiTiALSiSiC.\n\"DATE*\nMr. Gregory R. Curtis\nDirector, Customer Service Standards and Procedures\nRTE. SYMBOL\nAirTran Airways, Inc.\n9955 AirTran Boulevard\nOrlando, FL 32827\nDear Mr. Curtis:\nRTG SYMBOL\nThis in response to your letter dated May 23, 2001, concerning requirements in the Hazardous\n\"INITIALSISIG.\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).\nRTG. SYMBOL\nYour questions are paraphrased and answered as follows:\nINITIALSiSiG.\nQ1.\nIs it permissible to transport a wheelchair with an attached nonspillable battery when the\n\"DATE*•\nwheelchair cannot be loaded in an upright position?\nRTG. SYMBOL\nA1.\nYes. As indicated in the final rule (58 FR 50496, September 27, 1993) that adopted\n\"INiTiALSISiC\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\n\"DATE\"\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\nRTG. SYMBOL\nnot become separated under normal conditions of transportation, there is no need for the\n\"INITIALSISIG.\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\nTRTG. SYMBOL\nfully enclosed in a rigid housing (outer package) that is plainly and durably marked\n\"NONSPILLABLE\" or \"NONSPILLABLE BATTERY,\" or is it acceptable for the\nINITiALSiSiC.\nbattery to simply be secured to the wheelchair?\nA2.\nWhen a wheelchair cannot be stored in an upright position, the provisions of\nRTG. SYMBOL\n§ 175.10(a)(19) require that a nonspillable battery must be removed and separately\nDHM-1O\npackaged only when the battery is not securely attached to the wheelchair. Even if secured\n\"INITALSISiC.\ndirectly to the wheelchair, the battery must be marked \"NONSPILLABLE\" or\nTA\n\"NONSPILLABLE BATTERY.\" See § 173.159(d).\n5-25-01\n01-0309\nOFFILIAL FILE COPY\n\n<<<PAGE 2>>>\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\nqualify for the same general exception from requirements in the HMR that have always\napplied to dry batteries. The packaging requirements are intended to prevent damage to\nthe battery under normal conditions of transportation. The marking requirements are\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,\nThomas G. Allan\nSenior Iransportation Regulations Specialist\nOffice of Hazardous Materials Standards\nAllan:gt:dhm-10:05/25/01\nFile:175.10(a)(19)\nn:\\dhm-10linterpsldhm-10\\airtran01-0129","truncated":false,"body_characters":3326}