Alaska Airlines — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation 1200 New Jersey Avenue SE Washington, DC 20590 Pipeline and Hazardous Administration Materials Safety JUL 1 5 2015 Mr. Mike Tobin Alaska Airlines Manager Dangerous Goods P.O. Box 68900 Seattle, WA 98168 Ref. No.: 14-0157 Dear Mr. Tobin: This responds to your August 1, 2014 letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to non-spillable batteries in passenger baggage. We have paraphrased your questions and answered them below. Q1: On August 6, 2014, the Pipeline and Hazardous Materials Safety Administration (PHMSA) published a Final Rule titled "Transportation of Lithium Batteries" [79 FR 46011] under Docket HM-224F (PHMSA-2009-0095) outlining requirements for lithium batteries. You ask if PHMSA intended to remove § 175.10(a)(18)(iii) from the HMR as a part of this rulemaking. A1: PHMSA did not intend to remove this section from the HMR and has reinstated this section in the January 8, 2015 (HM-215M) Final Rule [80 FR 1075]. Q2: You ask if a non-spillable battery for a mobility aid, complying with § 173.159a(d) is permitted in carry-on baggage in accordance with § 175.10(a)(18)(iii)? A2: Yes, non-spillable batteries for a mobility aid may be permitted in passenger carry- on baggage in accordance with § 175.10(a)(18)(iii). It should be noted that when mobility aids equipped with non-spillable batteries or dry sealed batteries are carried as checked baggage then § 175.10(a)(15) must be followed. Please also note that § 175.10(a)(18)(iii) allows passengers to bring. on board up to two individually protected non-spillable batteries that must not exceed a voltage greater than 12 volts and a watt-hour rating of not more than 100 Wh. The battery and equipment must conform to § 173.159a(d).#

Page 2Q3: What kind of portable electronic device other than a mobility aid would use a 100 Wh non-spillable battery? A3: Based on the continually evolving applications for batteries, PHMSA does not maintain a current list of portable electronic devices and their specifications. I trust this satisfies your inquiry. Please contact us if we can be of further assistance. Sincerely, T. Glenn Foster Chief, Regulatory Review and Reinvention Branch Standards and Rulemaking Division 2#

Page 3Andrews 175.10(al//8)liii Goodall, Shante CTR (PHMSA) Aircraft sephom fo Belleris From: 14-0157 Sent: Ciccarone, Michael CTR (PHMSA) Friday, August 15, 2014 1:37 PM To: Subject: lazmat Interps W: Interpretation request Attachments: Alaska Airlines interp request non-spillable mobity aid batteries in cabin.pdf Shante and Alice, Please submit this for a formal letter of interpretation. Thanks, Mike From: Mike Tobin [mailto:Mike. Tobin@alaskaair.com] Sent: Monday, August 11, 2014 5:17 PM To: PHMSA HM InfoCenter Subject: Interpretation request Hi, please see the attached request for interpretation. Mike Tobin, CHMM Manager, Dangerous Goods Alaska Air Group, Inc. tel 206-392-7854 P.O. Box 68900 - SEADG Seattle, WA 98168 2nd floor Gold Coast Center 20833 International Boulevard Seattle, Washington 98198#

Page 4Alaska Airlines. August 11, 2014 U.S. Department of Transportation PHMSA Office of Hazardous Materials Standards Attn: PHH-10 East Building 1200 New Jersey Avenue, SE Washington, D.C. 20590-0001 Interpretation Request Two parts: which added a new paragraph in 49CFR 175.10(a)(18)(iii) that allows non-spillable batteries in On January 3, 2013, PHMSA issued Final Rule in Docket No. PHMSA-2012-0027 (HM-215L) the aircraft cabin. This harmonized with ICAO TI Table 8-1 number 26. And HM-215L changed §173.159a(d) to allow in aircraft carry-on and checked baggage as permitted in §175.10 is nothing in the preamble why. This results in a lack of harmonization. The online version of However, the Final Rule in HM-224F published August 6, 2014 seems to delete (18)(iii) and there Was HM-224F deleting §175.10(a)(18)(iii) inadvertent? eCFR currently does not have (18)(ii). HM-224F did not change §173.159a(d). Part // (if deleting §175.10(a)(18)(iii) was inadvertent) Alaska Airlines respectfully requests an updated interpretation regarding non-spillable batteries for mobility aids in the aircraft cabin as passenger carry-on baggage. Q1) Is a non-spillable battery for a mobility aid, complying with 49CFR 173.159a(d), now permitted in carry-on luggage in accordance with §175.10(a)(18)(iii)? In Interpretation 11-0113, dated May 15, 2012, PHMSA wrote: in the cabin of an aircraft as carry-on baggage (i.e. not installed in equipment)? Q3. If a non-spillable battery meets the conditions of §173.159a(d), is it permitted must meet an exception in §175.10. Section 175.10 does not provide an A3. No, as indicated in A1 above, a hazardous material carried by a passenger loes not permit a passenger to carry a non-spillable battery in the cabin of a exception for carriage of a non-spillable battery as carry-on baggage and as suc aircraft, regardless of whether it is transported alone or attached to a device. But on January 3, 2013, PHMSA issued Final Rule in Docket No. PHMSA-2012-0027 (HM-215L) which added a new paragraph in §175.10(a)(18)(iii) that does indeed allow non-spillable batteries in the cabin. And it changed §173.159a(d) to allow in baggage if permitted in §175.10. Therefore, the rationale as expressed in Interp 11-0113 was superseded by HM-215L Page 1 of 3#

Page 5§175.10(a)(15) only pertains to non-spillable battery mobility aids "when carried as checked baggage" so it appears for carry-on baggage, §175.10(a)(18) must be used. A spare 12 V 7.2 Ah (86.4 Wh) non-spillable battery is permitted under §175.10(a)(18) for portable electronic devices. 14 CFR Part 382, Nondiscrimination on the basis of disability in travel, §382.121(a)(3) specifically requires non-spillable batteries be allowed in the cabin, provided hazmat rules are complied with. In the event PHMSA answers "no" to question 1, we have 2 follow up questions: but not for mobility aids, can you help us explain why they have a disparate degree of risk? What Q2) If PHMSA states that a non-spillable battery is allowed only for portable electronic devices, is the safety risk difference between a 86.4 Wh non-spillable battery for a mobility aid versus a 86.4 Wh non-spillable battery for another form of portable electronic device? spillable battery? Q3) What kind of portable electronic device other than a mobility aid would use a 100 Wh non- Thank you in advance for your reply. If you have any questions, please don't hesitate to ask. White Sabr Mike Tobin, CHMM Manager Dangerous Goods Alaska Airlines - SEADG P.O. Box 68900 Seattle, WA 98168 mike.tobin@alaskaair.com 206-392-7854 Current regulations: (note the (iii) is currently showing removed in eCFR due to HM-224F.) January 3, 2013, Docket No. PHMSA-2012-0027 (HM-215L) Final Rule, page 78 FR 1093: Sec. 175.10 Exceptions for passengers, crewmembers, and air operators. example, watches, calculating machines, cameras, cellular phones, lap-top and notebook (18) Except as provided in Sec. 173.21 of this subchapter, portable electronic devices (for spare batteries and cells for these devices, when carried by passengers or crew members for personal use. Each spare battery must be individually protected so as to prevent short circuits (by exposed terminals or placing each battery in a separate plastic bag or protective pouch) and placement in original retail packaging or by otherwise insulating terminals, e.g., by taping over following: *** carried in carry-on baggage only. In addition, each installed or spare battery must comply with the Each battery must not exceed a voltage greater than 12 volts and a watt-hour rating of not more (iii) For a non-spillable battery, the battery and equipment must conform to Sec. 173.159(d). than 100 Wh. No more than two individually protected spare batteries may be carried. Such equipment and spare batteries must be carried in checked or carry- on baggage. Page 2 of 3#

Page 6This same rulemaking clarified 173159(d) by adding new: aircraft by passengers or crewmembers in carry-on baggage, checked baggage, or on their (3) For transport by aircraft, must be transported as cargo and may not be carried onboard an person unless specifically excepted by Sec. 175.10. bring into the aircraft cabin? 14 CFR 382.121 What mobility aids and other assistive devices may passengers with a disability items into the aircraft cabin, provided that they can be stowed in designated priority storage areas (a) As a carrier, you must permit passengers with a disability to bring the following kinds of or in overhead compartments or under seats, consistent with FAA, PHMSA, TSA, or applicable foreign government requirements concerning security, safety, and hazardous materials with respect to the stowage of carry-on items. (1) Manual wheelchairs, including folding or collapsible wheelchairs; (2) Other mobility aids, such as canes (including those used by persons with impaired medications and any medical devices needed to administer them such as syringes or auto- (3) Other assistive devices for stowage or use within the cabin (e.g., prescription injectors, vision-enhancing devices, and POCs, ventilators and respirators that use non-spillable batteries, as long as they comply with applicable safety, security and hazardous materials rules). Page 3 of 3#