{"operation":"document","citation":"10-0034","title":"Global Green Services, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2010-04-07","effective_on":null,"summary":"10-0034 response to Global Green Services, Inc. concerning 173.159, 173.220, 175.10.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0034.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0034.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0034","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2010/100034.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department of Transportation 1200 New Jersey Ave, SE\nWashington, D.C. 20590\nPipeline and Hazardous Materials\nSafety Administration\nAPR -7 2010\nMs. L'Gena Prevatt\nManager, Dangerous Goods\nGlobal Green Services, Inc.\n104 South Fairfield Drive\nPeachtree City, GA 30269\nRef. No.: 10-0034\nDear Ms. Prevatt:\nThis responds to your February 9, 2010 email 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.l25 and 382.127.\nThe HMR do not except from regulation (as a Class 9 hazardous material) the carriage ofa\npassenger's lithium-ion battery-powered wheelchair or other lithium-ion battery-powered\nmobility aid as carry-on or check~d baggage under § 175.10. The provisions in § 175.10(a)(l5)\nand (a)(l6) 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.IO(a)(l7) 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\ntheHMR.\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)\n\n<<<PAGE 2>>>\n\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\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 CFR\n382.121). If a wheelchair or mobility aid cannot, consistent with government requirements\n(e.g., the HMR), be transported in the cabin, 14 CFR 382.125 requires stowage in a baggage\ncompartment. '14 CFR 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 (ICAO) Dangerous Goods Panel\nrecently adopted a provision into the ICAO Technical Instructions (lCAO 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,\nDirector\nOffice of Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\nDrakeford, Carol\nFrom: Foster, Glenn (PHMSA)\nSent: lVIonday, February 22,20107:48 AI\\/I\nTo: Drakeford, Carolyn (PHMSA)\nSubject: FW: Interpretation request - Wheelchairs/Mobility aids with Lithium ion technology\nFrom: Mazzullo, Ed (PHMSA)\nSent: Tuesday, February 09, 20103:34 PM\nTo: Foster, Glenn (PHMSA)\nCc: Betts, Charles (PHMSA); Leary, Kevin (PHMSA); Posten, Ryan (PHMSA); Drakeford, Carolyn (PHMSA); Workie, Blane\n(OST); Spollen, Mike (OST)\nSubject: RE: Interpretation request - Wheelchairs/Mobility aids with Lithium ion technology\nGlenn\nPlease let Ms. Prevatt know we will look into this, and coordinate the response with OST. Thanks.\nEd\nFrom: Lgena Prevatt [mailto:lgena.prevatt@gg-sLcom]\nSent: Tuesday, February 09,2010 11:37 AM\nTo: Mazzullo, Ed (PHMSA); Posten, Ryan (PHMSA)\nCc: magdy.el-sabaie@dot.gov; Betts, Charles (PHMSA); Leary, Kevin (PHIVlSA); Lgena Prevatt\nSubject: FW: Interpretation request - Wheelchairs/Mobility aids with Lithium ion technology\nMr. Mazzullo and Mr. Posten,\nI'm forwarding the below e-mail to your attention as I have not received any response to my original\nrequest and I now understand the original request should have been sent to your attention. I look\nforward to your response.\nContent of the letter is pasted below the signature line for blackberry users.\nRegards,\nL 'Gena Prevatt\nGloba Green Services, Inc.\nCell: 404-290-5008\nWork: 678-854-8634 ext. 105\nIgena.prevatt@gg-si.com\nI am very familiar with concerns facing the airline industry related to the safe transport of\nhazardous materials and have a unique background in passenger issues and how they relate\nto the hazardous materials regulations as well. A question has recently surfaced within the\nair carriers about an emerging issue; wheelchairs/mobility aids with lithium ion batteries.\nThe airlines are very concerned with accepting these type devices due to the current\nscrutiny, regulations, review and publicized issues with lithium batteries; but are also aware\nthe DOT Aviation Consumer Protection Division will scrutinize any air carrier who denies a\nmobility aid/wheelchair for a passenger with a disability without a specific safety reason. Air\ncarriers may not discriminate on the basis of disability in air travel as dictated in 14 CFR\n382.\n1\n\n<<<PAGE 4>>>\n\nLithium batteries in mobility aids/wheelchairs are an example of the technology out pacing\nthe regulations and the air carriers being caught between conflicting regulations. Safety is\nthe primary concern from an air carrier perspective and all air carriers strive for 100%\ncompliance to the regulations; however, this issue also about non-discrimination because\nfor passengers with disabilities the mobility aid is the equivalent of their legs and their\nindependence.\nBackground:\nAir Carriers are required to accept all assistive devices for transport from passengers with\ndisabilities. 14 CFR 382.12S(a) - text provide as attachment A.\nIn addition 14 CFR 382.127 details the specifics for transporting a mobility aid in the cargo\ncompartment and specifically references 49 CFR 17S.10(a)(lS)and (16).\nAre lithium ion batteries in mobility aids defined as non-spillable?\nAt least one manufacturer (Travel Scoot; www.travelscoot.com ) has marked the battery as\nnon-spillable and also states the lithium content is less than 2S grams and therefore,\napproved for air travel.\nFrom the TravelScoot website http://www.travelscoot.com/batteries.htm :\nDOT regulations for airline transportation prohibit Li-ion batteries with a lithium\ncontent of more than 25 gram see\nhttp://safetravel.dot.gov/largerbatt.html. TravelScoot's single capacity Li-Ion\nbattery contains 24 gram lithium and is approved for air travel.\n49CFR 17S.10(a)(17) specifically requires lithium batteries installed in equipment and spare\nbatteries be in a passengers carry-on bag. In the case of a mobility aid (electric\nwheelchairs) most of these devices weigh more than the load bearing weight of the coat\ncloset or appropriate FAA stowage location. One option for airlines to attempt to comply\nwould be to remove the battery for carriage on-board the aircraft. However, 14 CFR\n382.127(e) states the battery must not be disconnected if it is non-spillable, completely\nenclosed within a case or compartment integral to the design of the device unless an FAA or\nPHMSA safety regulation requires it and 49CFR 17S.10(a)(lS) states the device and battery\nmust be carried as checked baggage. In addition, as you might remember from the\nCOSTHA Annual Forum in Long Beach, getting to the battery in many of these devices is all\nbut impossible even to validate the non-spillable marking, let alone to remove the battery.\nThe Safe Travel website http://safetravel.dot.gov/ states: \"If you must carry a batterypowered\ndevice in your checked baggage, take steps to prevent inadvertent activation.\nIf you put a portable electronic device in checked baggage, you may still do so with the\nbatteries installed in the device. \"\nIs a mobility aid/wheelchair defined as a 'portable electronic device'?\nhttp://safetravel.dot.gov/quickchart.html\nAlso Indicates that \"One Lithium-Ion Battery, installed in a device (between 8 and 25\ngrams equivalent lithium content) is permitted in checked and carry-on baggage; provided II\n\"In checked baggage, ensure that devices remain switched off, either by built-in\nswitch/trigger locks, by taping the activation switch in the \"off\" position, or by other\nappropriate measures. \"\nConcerns/Questions for clarification:\n2\n\n<<<PAGE 5>>>\n\n• 49CFR currently does not address mobility aids/wheelchairs/assistive devices (POCs) with\nlarger lithium battery compositions. The regulations need to be updated and/or an\ninterpretation provided to ensure carrier compliance with both 14CFR 382 and 49CFR 171180.\nThe NPRM on the transportation of lithium batteries (HM-224F) was issued\nafter this letter was drafted. The NPRM still does not take Into account to these\ntype devices and comments will filed accordingly.\n• Do lithium batteries in mobility aids meet the definition of non-spillable and fall under\n49CFR 175.10(a)(15)?\n• Is a lithium ion battery in a mobility aid with less than 25 grams ELC permitted for travel in\nchecked baggage?\n• If the TravelScoot device is less than 50lbs with a lithium ion battery of less than 25 grams\nELC; is it permitted to be transported in the passenger cabin in an FAA approved stowage\nlocation?\n• How is an air carrier to determine that the lithium ion battery meets the requirement of less\nthan 25 grams for carriage? Take the passengers word? Require an MSDS?\n• Based on the current environment, emerging technology advances and current\ninterpretation of the regulations there needs to be a standard marking requirement for all\nmanufacturers of wheelchairs/mobility aids for both non-spillable batteries as well as the\nnew lithium ion technologies.\nI would appreciate your review, clarification and/or guidance on these issues.\nSincerely,\nL 'Gena Prevatt\nGlobal Green Inc.\nManager - Dangerous Goods\nCell: 404-290-5008\nWork: 678-854-8634 ext. 105\nIgena. prevatt@gg-si.com\ncc: Janet McLaughlin, Office of Hazardous Materials, Federal Aviation Administration\nBlane Workie, U.S. DOT Office of the General Council, Aviation Enforcement and\nProceedings\nNorman Strickman, Director U.S. DOT Aviation Consumer Protection Division\nMichael Spollen, Aviation Industry Analyst - U.S. DOT Aviation Consumer Protection\nDivision\nFrom: Lgena Prevatt\nSent: Thursday, October 29, 2009 5:37 PM\nTo: christopher. bonanti@faa.gov\nCc: Janet.McLaughlin@faa.gov; blane.workie@dot.gov; Norman.Strickman@dot.gov; mike.spollen@dot.gov; Tom\nFerguson; Lgena Prevatt\nSubject: Interpretation request - Wheelchairs/Mobility aids with Lithium ion technology\nMr. Bonanti,\n3\n\n<<<PAGE 6>>>\n\nPlease find a copy of an interpretation request regarding wheelchairs or other mobility aids powered by\nlithium ion batteries for transport by air. An original signed copy will be sent via the USPS as well.\nI appreciate your attention this request.\nRegards,\nL 'Gena Prevatt\nManager - Dangerous Goods\nGlobal Green SerVices, Inc,\nCell: 404-290-5008\nWork: 678-854-8634 ext. 105\nIgena.prevatt@gg-si.com\n4","truncated":false,"body_characters":12664}