Council on the Safe Transportation of Hazardous Articles, Inc. — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue, SE Washington, D.C. 20590 MAY 1 3 2014 L' Gena Shaffer Technical Consultant Council on the Safe Transportation of Hazardous Articles, Inc. 7803 Hill House Court Fairfax Station, VA 22039 Ref. No.: 14-0066 Dear Ms. Shaffer: This is in response to your letter dated April 1, 2014, requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) relating to a lithium ion battery powered wheelchair or other mobility aid carried by aircraft passengers or crewmembers. You request confirmation of your understanding that: 1) the language in§ 175.10(a)(17) does not provide a battery size restriction for mobility aids powered by a lithium ion battery; and 2) the language in§ 175.1 O(a)(17)(v) is specific to collapsible mobility aids with removable batteries. Your understanding of the requirements of§ 175.10(a)(l7) are generally correct. In general, § 17 5.1 0( a )(17) does not provide a limitation on the size of the lithium ion battery installed in a wheelchair or other mobility aid. When carried by aircraft passengers or crewmembers, a lithium ion battery powered wheelchair or other mobility aid that is not specifically designed to allow its battery to be removed by the user (e.g., not collapsible) must meet the requirements of§ 175.10(a)(17)(i) through (iv) and (vi), and must be carried as checked baggage. However, for a lithium ion battery powered wheelchair or other mobility aid that is specifically designed to allow its battery to be removed by the user (e.g., collapsible), the requirements of§ 175.1 O(a)(17)(i), (v), and (vi) must be met. In this situation, the installed lithium ion battery must be removed from the wheelchair or other mobility aid and the lithium ion battery and any spares must be carried as carry-on baggage. In addition,#

Page 2§ 175.1 O(a)(17)(v)(D) and (E) provide that the installed lithium ion battery must not exceed 25 grams aggregate equivalent lithium content, and a maximum of one spare battery not exceeding 25 grams aggregate equivalent lithium content or two spares not exceeding 13.5 grams aggregate equivalent lithium content each may be carried as carry-on baggage only. I trust this information is helpful. If you have further questions, please do not hesitate to contact this office. Sincerely, >1J~c-V- Shane C. Kelley G Acting International Standards Coordinator Standards and Rulemaking Division#

Page 316o bieh § l13. J'95 r§l7:,. JD 13a -!.kn'es /Air \~-00 lo0 President Donald Bossow Sr Mgr NA Reg Affairs/Global Systems Diversey, Inc. First Vice President Sean Broderick Senior Manager, Global ~vt Relations Procter & Gantble Distributing LLC Second Vice Presidentffreasurer Dave Madsen HazMat Analyst Autoliv, Inc. Secretary Amy Fischesser Corporate Hazardous Materials Manager Sun Chemical Corporation Executive Committee J\rlember Robert Heinrich Transportation Safety Advisor Novartis Pharmaceuticals Board of Directors John D' Aloia Manager Transportation Compliance Ma1yKay Jeanette DeGennaro EHS Compliance Mgr. Instrumentation Laboratory Trevor Howard Mgr Safety/Dangerous Goods Standards Air Canada James Jahnke Sr. Manager Dangerous Goods Merck and Co. Richard Lattimer Consultant-HSE Eli Lilly and Company Boyd Stephenson Director, Hazardous Materials Policy American Trucking Associations, Inc. Daniel Wieten National Mgr Compliance Plan & Admin Toyota Motor Sales, USA, Inc. Jeanne Zmich Vice President R&D Labelmaster General Counsel Richard Schweitzer, PLLC April1, 2014 Mr, Charles E. Betts Director, Standards and Rulemaking Division U.S. DOT/PHMSA (PHH-10) 1200 New Jersey Ave., SE East Bldg. Second Floor Washington, DC 20590-0001 ~ng,ri~_§J?.~!t§.@QQl,gQy Dear Mr. Betts: The Council on Safe Transportation of Hazardous Articles, Inc. (COSTHA) hereby submits a request for interpretation regarding 49 CFR, Part 175, §175.10, paragraph (a)(17). Specifically, COSTHA requests clarification that the battery size limit in subparagraph (v) is specific to collapsible mobility aids with a removable battery that will be stowed onboard the aircraft in the passenger cabin and to spare batteries for the device. COSTHA is a not-for-profit organization representing manufacturers, shippers, distributors, carriers, freight forwarders, trainers, packaging manufacturers and others associated with the hazardous materials transportation industry. In addition to promoting regulatory compliance and safety in hazardous materials transportation, COSTHA assists its members and the public in evaluating the practicality and efficacy of laws, rules and regulations for the safe transportation and distribution of hazardous materials. The regulations specifically state: §175.10 Exceptions for passengers, crewmembers, and air operators. (a) This subchapter does not apply to the following hazardous materials when carried by aircraft passengers or crewmembers provided the requirements of§§ 171.15 and 171.16 (see paragraph (c) of this section) and the requirements of this section are met: (17) A wheelchair or other mobility aid equipped with a lithium ion battery, when carried as checked baggage, provided- (i) The lithium ion battery must be of a type that successfully passed each test in the UN Manual of Tests and Criteria (IBR; see § 171.7 of this subchapter), as specified in §173.185 of this subchapter, unless approved by the Associate Administrator; (ii) The operator must verify that: (A) Visual inspection of the wheelchair or other mobility aid reveals no obvious defects; (B) Battery terminals are protected from short circuits (e.g., enclosed within a battery housing); (C) The battery must be securely attached to the mobility aid; and (D) Electrical circuits are isolated; Council on Safe Transportation ofHazatdous Articles 7803 Hffi HouseCa.ut, FairfaxSiaticn, VA 22039 • Plu1e: (518)761-0389 • Fax: (518)792-7781 • \1\N\NV.ccslha.a:rn#

Page 4(iii) The wheelchair or other mobility aid must be loaded and stowed in such a manner to prevent its unintentional activation and its battery must be protected from short circuiting; (iv) The wheelchair or other mobility aid must be protected from damage by the movement of baggage, mail, service items, or other cargo; (v) Where a lithium ion battery-powered wheelchair or other mobility aid is specifically designed to allow its battery to be removed by the user (e.g., collapsible): (A) The battery must be removed from the wheelchair or other mobility aid according to instructions provided by the wheelchair or other mobility aid owner or its manufacturer; (B) The battery must be carried in carry-on baggage only; (C) Battery terminals must be protected from short circuits (by placement in original retail packaging or otherwise insulating the terminal e.g. by taping over exposed terminals or placing each battery in a separate plastic bag or protective pouch); (D) The battery must not exceed 25 grams aggregate equivalent lithium content; and (E) A maximum of one spare battery not exceeding 25 grams aggregate equivalent lithium content or two spares not exceeding 13.5 grams aggregate equivalent lithium content each may be carried; (vi) The pilot-in-command is advised either orally or in writing, prior to departure, as to the location of the lithium ion battery or batteries aboard the aircraft. As written, COSTHA believes §175.1 O(a)(17)(v) applies only to devices that are designed to have the battery removed (e.g. devices such as the travel scoot scooter). We further believe the sub-sub-subparagraphs (D) and (E) to § 175.1 O(a)(17)(v) specify the size limits for these batteries since they will be removed by the user from the device and transported in the passenger cabin. Currently, the HMR requirements are consistent with the ICAO requirements indicating no specific size limit for batteries installed in mobility aids or wheelchairs to be transported in the cargo hold of the aircraft. In HM-215K, published January 7, 2013 PHMSA also clarifies a "lithium ion battery specifically designed to be removed from a mobility aid (e.g. collapsible) by the user and any spare batteries must be transported in carry-on baggage .. " It is COSTHA's position that any battery size limit for lithium ion mobility aids with the battery installed would be listed in § 175.1 O(a)(17)(i) through (iv) and not as a sub clause to (v) which details a specific device type. Following the basic outline for the Code of Federal Regulations, Section 175.10, paragraph (a), subparagraph (17), sub-subparagraph (v) only applies "where a lithium ion battery-powered wheelchair or other mobility aid specifically designed to allow its battery to be removed by the user (e.g. collapsible):" Therefore sub-subparagraphs (A) through (E) apply only to subparagraph (v). The size limits at sub-subparagraph (D) and (E) apply only to batteries removed by the user from collapsible mobility aids and carried in carry-on baggage where the regulations provide that the carry-on battery must not exceed 25 grams aggregate equivalent lithium content with provisions for additional spare batteries. Specifically, we request that PHMSA confirm COSTHA's interpretation that a) the current language in §175.10(a)(17) does not provide a size restriction for mobility aids powered by lithium ion batteries installed in the device for acceptance as checked baggage, b) §175.10(a)(17)(v) is specific to collapsible mobility aids with removable batteries to be carried on-board the aircraft in the passenger cabin, and c) sub-sub-subparagraphs A through E provide the specific compliance requirements for those devices, including the battery limitation of 25 grams aggregate equivalent lithium content in (D) and spare battery(ies) in (E). ~~~---~~-#

Page 5If you have any questions or would like to discuss these issues further, please do not hesitate to contact me. Respectfully submitted, L'Gena Shaffer Technical Consultant --- ---------------------#