{"operation":"document","citation":"14-0157","title":"Alaska Airlines — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2015-07-15","effective_on":null,"summary":"14-0157 response to Alaska Airlines concerning 173.159, 175.10.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-14-0157.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-14-0157.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-14-0157","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2015/140157.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\n1200 New Jersey Avenue SE\nWashington, DC 20590\nPipeline and Hazardous\nAdministration\nMaterials Safety\nJUL 1 5 2015\nMr. Mike Tobin\nAlaska Airlines\nManager Dangerous Goods\nP.O. Box 68900\nSeattle, WA 98168\nRef. No.: 14-0157\nDear Mr. Tobin:\nThis responds to your August 1, 2014 letter requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to non-spillable batteries\nin passenger baggage. We have paraphrased your questions and answered them below.\nQ1: On August 6, 2014, the Pipeline and Hazardous Materials Safety Administration\n(PHMSA) published a Final Rule titled \"Transportation of Lithium Batteries\" [79\nFR 46011] under Docket HM-224F (PHMSA-2009-0095) outlining requirements\nfor lithium batteries. You ask if PHMSA intended to remove § 175.10(a)(18)(iii)\nfrom the HMR as a part of this rulemaking.\nA1:\nPHMSA did not intend to remove this section from the HMR and has reinstated this\nsection in the January 8, 2015 (HM-215M) Final Rule [80 FR 1075].\nQ2:\nYou ask if a non-spillable battery for a mobility aid, complying with § 173.159a(d)\nis permitted in carry-on baggage in accordance with § 175.10(a)(18)(iii)?\nA2:\nYes, non-spillable batteries for a mobility aid may be permitted in passenger carry-\non baggage in accordance with § 175.10(a)(18)(iii). It should be noted that when\nmobility aids equipped with non-spillable batteries or dry sealed batteries are\ncarried as checked baggage then § 175.10(a)(15) must be followed.\nPlease also note that § 175.10(a)(18)(iii) allows passengers to bring. on board up to\ntwo individually protected non-spillable batteries that must not exceed a voltage\ngreater than 12 volts and a watt-hour rating of not more than 100 Wh. The battery\nand equipment must conform to § 173.159a(d).\n\n<<<PAGE 2>>>\n\nQ3:\nWhat kind of portable electronic device other than a mobility aid would use a 100\nWh non-spillable battery?\nA3: Based on the continually evolving applications for batteries, PHMSA does not\nmaintain a current list of portable electronic devices and their specifications.\nI trust this satisfies your inquiry. Please contact us if we can be of further assistance.\nSincerely,\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n2\n\n<<<PAGE 3>>>\n\nAndrews\n175.10(al//8)liii\nGoodall, Shante CTR (PHMSA)\nAircraft sephom fo Belleris\nFrom:\n14-0157\nSent:\nCiccarone, Michael CTR (PHMSA)\nFriday, August 15, 2014 1:37 PM\nTo:\nSubject:\nlazmat Interps\nW: Interpretation request\nAttachments:\nAlaska Airlines interp request non-spillable mobity aid batteries in cabin.pdf\nShante and Alice,\nPlease submit this for a formal letter of interpretation.\nThanks,\nMike\nFrom: Mike Tobin [mailto:Mike. Tobin@alaskaair.com]\nSent: Monday, August 11, 2014 5:17 PM\nTo: PHMSA HM InfoCenter\nSubject: Interpretation request\nHi, please see the attached request for interpretation.\nMike Tobin, CHMM\nManager, Dangerous Goods\nAlaska Air Group, Inc.\ntel 206-392-7854\nP.O. Box 68900 - SEADG\nSeattle, WA 98168\n2nd floor Gold Coast Center\n20833 International Boulevard\nSeattle, Washington 98198\n\n<<<PAGE 4>>>\n\nAlaska Airlines.\nAugust 11, 2014\nU.S. Department of Transportation\nPHMSA Office of Hazardous Materials Standards\nAttn: PHH-10\nEast Building\n1200 New Jersey Avenue, SE\nWashington, D.C. 20590-0001\nInterpretation Request\nTwo parts:\nwhich added a new paragraph in 49CFR 175.10(a)(18)(iii) that allows non-spillable batteries in\nOn January 3, 2013, PHMSA issued Final Rule in Docket No. PHMSA-2012-0027 (HM-215L)\nthe aircraft cabin.\nThis harmonized with ICAO TI Table 8-1 number 26.\nAnd HM-215L changed §173.159a(d) to allow in aircraft carry-on and checked baggage as\npermitted in §175.10\nis nothing in the preamble why. This results in a lack of harmonization. The online version of\nHowever, the Final Rule in HM-224F published August 6, 2014 seems to delete (18)(iii) and there\nWas HM-224F deleting §175.10(a)(18)(iii) inadvertent?\neCFR currently does not have (18)(ii). HM-224F did not change §173.159a(d).\nPart //\n(if deleting §175.10(a)(18)(iii) was inadvertent)\nAlaska Airlines respectfully requests an updated interpretation regarding non-spillable batteries\nfor mobility aids in the aircraft cabin as passenger carry-on baggage.\nQ1) Is a non-spillable battery for a mobility aid, complying with 49CFR 173.159a(d), now\npermitted in carry-on luggage in accordance with §175.10(a)(18)(iii)?\nIn Interpretation 11-0113, dated May 15, 2012, PHMSA wrote:\nin the cabin of an aircraft as carry-on baggage (i.e. not installed in equipment)?\nQ3. If a non-spillable battery meets the conditions of §173.159a(d), is it permitted\nmust meet an exception in §175.10. Section 175.10 does not provide an\nA3. No, as indicated in A1 above, a hazardous material carried by a passenger\nloes not permit a passenger to carry a non-spillable battery in the cabin of a\nexception for carriage of a non-spillable battery as carry-on baggage and as suc\naircraft, regardless of whether it is transported alone or attached to a device.\nBut on January 3, 2013, PHMSA issued Final Rule in Docket No. PHMSA-2012-0027 (HM-215L)\nwhich added a new paragraph in §175.10(a)(18)(iii) that does indeed allow non-spillable batteries\nin the cabin. And it changed §173.159a(d) to allow in baggage if permitted in §175.10.\nTherefore, the rationale as expressed in Interp 11-0113 was superseded by HM-215L\nPage 1 of 3\n\n<<<PAGE 5>>>\n\n§175.10(a)(15) only pertains to non-spillable battery mobility aids \"when carried as checked\nbaggage\" so it appears for carry-on baggage, §175.10(a)(18) must be used.\nA spare 12 V 7.2 Ah (86.4 Wh) non-spillable battery is permitted under §175.10(a)(18) for\nportable electronic devices.\n14 CFR Part 382, Nondiscrimination on the basis of disability in travel, §382.121(a)(3) specifically\nrequires non-spillable batteries be allowed in the cabin, provided hazmat rules are complied with.\nIn the event PHMSA answers \"no\" to question 1, we have 2 follow up questions:\nbut not for mobility aids, can you help us explain why they have a disparate degree of risk? What\nQ2) If PHMSA states that a non-spillable battery is allowed only for portable electronic devices,\nis the safety risk difference between a 86.4 Wh non-spillable battery for a mobility aid versus a\n86.4 Wh non-spillable battery for another form of portable electronic device?\nspillable battery?\nQ3) What kind of portable electronic device other than a mobility aid would use a 100 Wh non-\nThank you in advance for your reply. If you have any questions, please don't hesitate to ask.\nWhite Sabr\nMike Tobin, CHMM\nManager Dangerous Goods\nAlaska Airlines - SEADG\nP.O. Box 68900\nSeattle, WA 98168\nmike.tobin@alaskaair.com\n206-392-7854\nCurrent regulations:\n(note the (iii) is currently showing removed in eCFR due to HM-224F.)\nJanuary 3, 2013, Docket No. PHMSA-2012-0027 (HM-215L) Final Rule, page 78 FR 1093:\nSec. 175.10 Exceptions for passengers, crewmembers, and air operators.\nexample, watches, calculating machines, cameras, cellular phones, lap-top and notebook\n(18) Except as provided in Sec. 173.21 of this subchapter, portable electronic devices (for\nspare batteries and cells for these devices, when carried by passengers or crew members for\npersonal use. Each spare battery must be individually protected so as to prevent short circuits (by\nexposed terminals or placing each battery in a separate plastic bag or protective pouch) and\nplacement in original retail packaging or by otherwise insulating terminals, e.g., by taping over\nfollowing: ***\ncarried in carry-on baggage only. In addition, each installed or spare battery must comply with the\nEach battery must not exceed a voltage greater than 12 volts and a watt-hour rating of not more\n(iii) For a non-spillable battery, the battery and equipment must conform to Sec. 173.159(d).\nthan 100 Wh. No more than two individually protected spare batteries may be carried.\nSuch equipment and spare batteries must be carried in checked or carry- on baggage.\nPage 2 of 3\n\n<<<PAGE 6>>>\n\nThis same rulemaking clarified 173159(d) by adding new:\naircraft by passengers or crewmembers in carry-on baggage, checked baggage, or on their\n(3) For transport by aircraft, must be transported as cargo and may not be carried onboard an\nperson unless specifically excepted by Sec. 175.10.\nbring into the aircraft cabin?\n14 CFR 382.121 What mobility aids and other assistive devices may passengers with a disability\nitems into the aircraft cabin, provided that they can be stowed in designated priority storage areas\n(a) As a carrier, you must permit passengers with a disability to bring the following kinds of\nor in overhead compartments or under seats, consistent with FAA, PHMSA, TSA, or applicable\nforeign government requirements concerning security, safety, and hazardous materials with\nrespect to the stowage of carry-on items.\n(1) Manual wheelchairs, including folding or collapsible wheelchairs;\n(2) Other mobility aids, such as canes (including those used by persons with impaired\nmedications and any medical devices needed to administer them such as syringes or auto-\n(3) Other assistive devices for stowage or use within the cabin (e.g., prescription\ninjectors, vision-enhancing devices, and POCs, ventilators and respirators that use non-spillable\nbatteries, as long as they comply with applicable safety, security and hazardous materials rules).\nPage 3 of 3","truncated":false,"body_characters":9412}