{"operation":"document","citation":"09-0249","title":"Dangerous Goods United Airlines — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2010-04-01","effective_on":null,"summary":"09-0249 response to Dangerous Goods United Airlines concerning 172.102, 173.159, 173.185, 173.220, 175.10.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0249.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0249.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0249","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2009/090249.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department of Transportation Pipeline and Hazardous Materials\nSafety Administration\nAPR - 1 2010\n1200 New Jersey Ave, SE\nWashington, D.C. 20590\nMs. Nancy Finkenkeller\nStaff Specialist - Dangerous Goods\nUnited Airlines\n1200 East Algonquin Road\nElk Grove, IL 60007\nRef. No. 09-0249\nDear Ms. Finkenkeller:\nThis responds to your October 27, 2009 letter concerning the applicability of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) to the carriage of a passenger's lithiumion\nbattery-powered wheelchair or other lithium-ion battery-powered mobility aid as carry-on or\nchecked baggage aboard an aircraft. Specifically, you requested clarification of the applicability\nof the exceptions for passengers provided in § 175.10. You also asked about an airline's\nrequirement to accept a battery-powered wheelchair or other battery-powered mobility aid in\naccordance with nondiscrimination requirements under 14 CFR Part 382, Subpart I, specifically,\n14 CFR 382.125 and 382.127.\nThe HMR do not except from regulation (as a Class 9 hazardous material) the carriage of a\npassenger's lithium-ion battery-powered wheelchair or other lithium-ion battery-powered\nmobility aid as carry-on or checked baggage under § 175.10. The provisions in § 175.1O(a)(15)\nand (a)(16) that except wheelchairs and other battery-powered mobility aids equipped with\nnonspillable or spillable batteries as checked baggage are not applicable to a lithium-ion batterypowered\nwheelchair or other lithium-ion battery-powered mobility aid because, for purposes of\nthe HMR, a lithium-ion battery is not regulated in the same manner as a nonspillable or spillable\nbattery. Moreover, the provisions in § 175.1O(a)(17) that except \"consumer type\" portable\nelectronic devices (e.g., cameras, lap-tops, certain battery-powered medical devices, etc.)\npowered by lithium batteries do not apply to wheelchairs and other battery-powered mobility\naids because we do not consider these items to be portable electronic devices. Note that to mark\na battery as \"NONSPILLABLE\" is a specific requirement for the transportation of nonspillable\nbatteries provided in § 173.159a. No similar marking provision for a lithium-ion battery is in\nthe HMR.\nCurrently, a wheelchair or other battery-powered mobility aid equipped with a lithium-ion\nbattery must be shipped as a \"Battery-powered vehicle, UN3171\" and transported in accordance\nwith § 173.220 and other applicable requirements of the HMR (e.g., shipping papers). The\nbattery must be: (1) securely fastened in its holder/compartment (i.e., in the wheelchair); (2)\nprotected in such a manner as to prevent damage and short circuits; and (3) of a type that\nsuccessfully passed tests in the UN Manual of Tests and Criteria (see § 173.220(d)). If the\n\n<<<PAGE 2>>>\n\nlithium-ion battery is not installed in but either packaged separately from the wheelchair or\npackaged with the wheelchair, the battery must be transported in accordance with the packaging\nrequirements for lithium-ion batteries in §§ 173.185 and 172.102 of HMR, as appropriate.\nFinally, under 14 CFR Part 382, Subpart I, an airline must permit passengers with a disability to\nbring manual wheelchairs or other mobility aids (e.g., canes) into the aircraft cabin (see 14 CPR\n382.121). If a wheelchair or mobility aid cannot, consistent with government requirements\n(e.g., the HMR), be transported in the cabin, 14 CPR 382.125 requires stowage in a baggage\ncompartment. 14 CPR 382.127 requires an airline to accept battery-powered wheelchairs as\nchecked baggage when conditions do not prohibit doing so and consistent with the requirements\nof § 175.1O(a)(15) and (16). Thus, an airline must permit a passenger to bring a manual\nwheelchair, or a wheelchair or other battery-powered mobility aid equipped with a nonspillable\nor spillable battery aboard a passenger aircraft.\nNote that the International Civil Aviation Organization (lCAO) Dangerous Goods Panel\nrecently adopted a provision into the ICAO Technical Instructions (ICAO TI) to specify that,\nwith the approval of the airline and under certain conditions, the ICAO TI do not apply to a\nlithium-ion battery-powered wheelchair or similar mobility aid carried by a passenger as\nchecked baggage aboard an aircraft beginning January 1, 2011. PHMSA intends to propose to\nadopt a similar provision in a future rulemaking.\nI hope this information is helpful. If you have further questions, please contact this office.\nSincerely,\n€b.1zt~\nDirector\nOffice of Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\nA STAR ALLIANCE MEMBER ..,,:t®\nDer ILtnd~(en\nOctober 27,2009 ~/15: 10\n~11S.I3-erQ Cd)\nOffice of Hazardous Materials Standards\nPipeline and Hazardous Materials Safety Administration A-i (\nAttn: PHH-10\nU. S. Department of Transportation\nEast Building\n1200 New Jersey Ave. SE\nWashington, DC 20590-0001\nOq~O~11\nTo Whom It May Concern:\nI am writing to request guidance in regard to Lithium-Ion Battery operated wheelchairs.\nThe airline industry is struggling with maintaining compliance with 49CFR as well as 14\nCFR part 382 125 and 127 and at times information appears to be conflicting; or in the\ncase of 49 CFR, does not address lithium ion powered mobility aids at all.\n49CFR 175.10 (15 and 16) specifically refers to wheelchairs or mobility devices and\nappears to not incorporate Lithium-Ion battery powered mobility devices.\n49CFR 175.10 (15) refers you to 175.139a(d) which states:\nNon-spillable batteries are excepted from all other requirements of this subchapter when offered for transportation\nand transported in accordance with paragraph (c) of this section and the following:\n2} For transport by aircraft, when contained in a battery-powered device, equipment or vehicle must be prepared and\npackaged for transport in a manner to prevent unintentional activation in conformance with §173.159(b )(2) of this\nSubpart.\n2} The battery and outer packaging must be plainly and durably marked \"NONSPILLABLE\" or \"NONSPILLABLE\nBATTERY.\" The requirement to mark the outer package does not apply when the battery is installed in a piece of\nequipment that is transported unpackaged.\nNo indication is given as to the lithium content of the mobility device battery in these\nregulations reference is made to \"NonSpiliable\" being indicated on the battery.\n49CFR 175.10 a (17) appears to indicate that less than 25 grams is acceptable for\nlithium powered portable electronic devices as carry on only which would not be\napplicable to a mobility device:\n17} Except as provided in §173.21 of this subchapter, portable electronic devices (for example, watches, calculating\nmachines, cameras, cellular phones, lap-top and notebook computers, camcorders, etc.) containing cells or batteries\n(including lithium cells or batteries) and spare batteries and cells for these devices, when carried by passengers or\ncrew members for personal use. Each spare battery must be individually protected so as to prevent short circuits (by\nplacement in original retail packaging or by otherwise insulating terminals, e.g. , by taping over exposed terminals or\nplacing each battery in a separate plastic bag or protective pouch) and carried in carry-on baggage only. In\naddition, each installed or spare battery must not exceed the following\nThe United Operations Center: 1200 East Algonquin Road, Elk Grove Village, IL 60007\n\n<<<PAGE 4>>>\n\n-2(ii)\nFor a lithium-ion battery, an aggregate equivalent lithium content of not more than 8 grams per battery, except that\nup to two batteries with an aggregate equivalent lithium content of more than 8 grams but not more than 25 grams\nmay be carried.\nThe safe travel website: http://safetravel.dot.gov/guick chart.html\nIndicates that \"One Lithium-Ion Battery, installed in a device (between 8 and 25 grams equivalent\nlithium content) \" is permitted in checked an carry on baggage provide- 1. In checked baggage, ensure\nthat devices remain switched off, either by built-in switch/trigger locks, by taping the activation switch in\nthe \"off\" position, or by other appropriate measures.\nThe safe travel website does not indicate in what regulation the information is found in.\nCarriers are also bound by 14 CFR 382.127 to ensure that passengers with disability\nare allowed to bring their mobility device providing it meets 49CFR.\n(a) As a carrier, you must stow wheelchairs, other mobility aids, or other assistive devices in the baggage\ncompartment if an approved stowage area is not available in the cabin or the items cannot be transported in the cabin\nconSistent with FAA, PHMSA, TSA, or applicable foreign government requirements concerning security, safety, and\nhazardous materials with respect to the stowage of carry-on items.\nCurrent scenario:\nUnited Airlines has a passenger who is traveling with a Travel Scoot. The Travel Scoot\nwebsite indicates that the battery is 24grams of lithium content so it falls under the 25\ngrams. The Travel Scoot web site indicates \"DOT regulations for airline transportation\nprohibit U-ion batteries with a lithium content of more than 25 gram see\nhttp://safetravel.dot.govllargerbatt.html. TravelScoot's single capacity U-Ion battery contains\n24 gram lithium and is approved for air travel. \"\nAlso of concern to United is the note on the Travel Scoot website: \"A MANAGEABLE DOWNSIDE IS\nTHAT SPECIAL CARE IS MANDATORY. IT MUST NOT BE EXPOSED TO EXCESSIVE HEAT, IE\nINSIDE A PARKED CAR FOR A PROLONGED PERIOD OF TIME ON HOT AND SUNNY DAYS,\nBECAUSE IT COULD CATCH FIRE\".\nThe mobility device may sit in a bag cart on the tarmac at a station in 100 plus degree\nheat depending on the season.\nThe United Operations Center: 1200 East Algonquin Road, Elk Grove Village, IL 60007\n\n<<<PAGE 5>>>\n\n-3The\nbattery indicates NonSpillable as the included photo shows. Are Lithium-Ion\nbatteries considered non-spillable and therefore covered under 175.1 0(a)(15)?\nAccording to the President of the Travel Scoot Company Tony Korn, the battery mayor\nmay not have a label affixed on the bottom of the battery which includes the lithium\ncontent. Also according to Tony the label may have become illegible or not be attached.\n(Attached to the bottom of the battery makes it difficulty for our front line employees to\nview even if it is there and legible.) Other than 173.159(c) requiring non-spillable\nbatteries to be plainly and durably marked, is there currently guidance on labeling these\nbatteries and is it acceptable for the carrier to use the passenger's assertion that it is\nless than 25 grams ELC?\nSince 14 CFR 382.127a requires air carriers to accept these Lithium-Ion\nbattery powered mobility devices to be transported, is there a safety regulation that\nwould forbid their carriage as checked baggage on aircraft? Are these allowed on air\ncarriers and under what regulations? How is the carrier to determine the ELC content of\nthe battery?\nWith all the scrutiny on Lithium-Ion batteries United is struggling to ensure that we do\nthe right thing to ensure regulatory compliance and accommodate disabled passengers.\nThank you for your expeditious response.\nNancy Finkenkeller\nUnited Airlines\nStaff SpeCialist - Dangerous Goods\nOPCQA\n1200 E Algonquin Rd.\nElk Grove IL 60007\n847-700-5641\nE-mail: nancy.finkenkeller@united.com\nThe United Operations Center: 1200 East Algonquin Road, Elk Grove Village, Il 60007","truncated":false,"body_characters":11282}