{"operation":"document","citation":"14-0217","title":"Southwest Airlines Co. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2015-05-08","effective_on":null,"summary":"14-0217 response to Southwest Airlines Co. concerning 175.10.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-14-0217.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-14-0217.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-14-0217","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2015/140217.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nWashington, DC 20590\n1200 New Jersey Avenue SE\nPipeline and Hazardous\nAdministration\nMaterials Safety\nMAY 0 8 2015\nMr. Ben Pritchett\nHazardous Material Specialist\nSouthwest Airlines Co.\nP.O. Box 36611, HDQ-1SE\nDallas, TX 75235\nReference No. 14-0217\nDear Mr. Pritchett:\nThis responds to your November 10, 2014 email regarding the transportation of a\npassenger-provided lithium ion battery-powered mobility aid under the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) with regards to its determination as\nan assistive device under the Department's aviation disability regulation, 14 CFR Part 382\n(Part 382).\nIn the scenario provided, a passenger offers for transport as checked baggage, a diver\npropulsion vehicle equipped with two lithium ion batteries rated at 296 watt hours (Wh)\neach. This device is used for propelling a scuba diver through water. To determine if this\ndevice met the criteria for an assistive device under Part 382, we contacted the\nDepartment's Office of Aviation Enforcement and Proceedings (Enforcement Office) for\nclarification. The Enforcement Office explains that Part 382 defines an assistive device as\nany piece of equipment that assists a passenger with a disability to hear, see, communicate,\nor perform other functions of daily life. Devices that assist a person with a disability to\nengage in recreational activities do not qualify as an assistive device for the purpose of Part\n382. However, if the device is necessary for work then it would be considered an assistive\ndevice as major life activities include not only hearing, seeing, and walking but also\nworking. As such, airlines would only be required to treat the diver propulsion vehicle as\nan assistive device if the qualified individual with a disability is a diver by profession or\nneeds the device for the purpose of carrying out professional activities (e.g., a professional\nphotographer). Airlines are required to transport qualified assistive devices free of charge.\nYou ask if the ACPD does not require carriers to accept a device as an assistive device\nunder 14 CFR Part 382, would PHMSA prohibit a carrier from accepting the same device\nfor transport under the exceptions for passengers in 49 CFR § 175.10.\nIn a final rule published on January 19, 2011 (76 FR 3308; HM-215K), § 175.10(a)(17) of\nthe HMR was revised to authorize lithium ion battery-powered mobility aids (e.g.,\nwheelchairs). This authorization was intended to mirror the provisions in Part 8 of the\nInternational Civil Aviation Organization's (ICAO) Technical Instructions (TI) that allow\n\n<<<PAGE 2>>>\n\ncarriage of a passenger-provided mobility aid powered by a lithium ion battery. The ICAO\nTI in Part 8, Table 8-1, describe mobility aids as \"Mobility aids (e.g. wheelchairs) powered\nby lithium ion batteries, for use by passengers whose mobility is restricted by either a\ndisability, their health or age, or a temporary mobility problem (e.g. broken leg).\" While\nthis descriptive text is not included in the HMR, the provisions of § 175.10(a)(17) apply to\n\"a wheelchair or other mobility aid\" and this wording is intended to connote that the\nmobility aid is related to an assistive need. Therefore, unless the passenger offering the\ndiver propulsion vehicle has a mobility-related disability that is aided by the use of the\ndevice and needs the device for working, it is the opinion of this Office that it would not\nmeet the intent of an assistive device under Part 382 or the mobility aid exceptions for\npassengers in 49 CFR § 175.10 and should be offered for transport as cargo. Equipment\npowered by lithium ion batteries must be consigned under the entries \"Lithium ion\nbatteries,\" \"Lithium ion batteries contained in equipment\" or \"Lithium ion batteries packed\nwith equipment\" as appropriate.\nI trust this information is helpful. If you have further questions, please do not hesitate to\ncontact this office.\nSincerely,\nDuane 47 fel\nDuane A. Pfund\nInternational Standards Coordinator\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\nWiener\n$ /75.10\nEnceptions\nDodd, Alice (PHMSA)\n14-0217\nSent:\nFrom:\nCiccarone, Michael CTR (PHMSA)\nTo:\nMonday, November 10, 2014 1:57 PM\nHazmat Interps\nSubject:\nFW: Interpretation Letter Request\nAttachments:\nDive Logic Dive Scooter.pdf\nShante/Alice,\nPlease submit this for a formal letter of interpretation. Mr. Pritchett called into the HMIC and spoke with me.\nHis company address is:\nBen Pritchett\nSouthwest Airlines Co.\n2702 Love Field Dr.\nHDQ-1SE\nDallas, TX 75235\nThanks,\nMike\nFrom: Ben Pritchett [mailto:Ben.Pritchett@wnco.com]\nTo: PHMSA HM InfoCenter\nSent: Monday, November 10, 2014 11:53 AM\nCc: Todd Hargrove\nSubject: Interpretation Letter Request\nGood Morning,\nPlease see the attached interpretation letter request regarding the acceptance of assistive devices powered by lithium\nion batteries. Please contact me if further clarification is needed.\nThank you for your assistance with this matter.\nSincerely,\nBen Pritchett\nSafety & Security\nHazardous Materials Specialist\nOffice: 214-792-5584\nCell: 585-217-6780\nFax: 214-792-4700\nSouthwest:\n1\n\n<<<PAGE 4>>>\n\nSouthwest Airlines Co.\nSafety & Security\nBen Pritchett\nSouthwest®\nPO Box 36611, HDQ-1SE\nFax: 214-792-4700\nPhone:214-792-5584\nNovember 10, 2014\nU.S. DOT\nPHMSA Office of Hazardous Materials Standards\nATTN: PHH-10\nEast Building\n1200 New Jersey Avenue, SE\nWashington, DC 20590-0001\nRe: Interpretation Letter Request\nI am writing to obtain clarification regarding the acceptance of assistive devices powered by\nlithium ion batteries under 49 CFR Part 175.10 and the classification of a device as an assistive\ndevice under 14 CFR Part 382\nIn this scenario, a passenger offers for transport as checked baggage a diver propulsion vehicle\n(Logic Dive Gear Genesis 600) equipped with two lithium ion batteries rated at 296 Watt-hours\neach. This device is used for propelling a SCUBA diver through the water.\nTo determine if this device could be classified as an assistive device under 14 CFR Part 382, the\nDOT Aviation Consumer Protection Division (ACPD) was contacted for clarification.\nresponse was that \"airlines generally would not be required to treat this device as an assistive\ndevice under 14 CFR Part 382\". Under Part 382, airlines would only be required to treat the\ndevice as an assistive device if the qualified individual with a disability is a diver by profession.\nMy question is; if the ACPD side of DOT does not require carriers to accept a device as an\nassistive device under Part 382, would PHMSA prohibit a carrier from accepting said device for\ntransport under Part 175.10?\nThank you for your assistance in this matter. Feel free to contact me at Ben.Pritchett@wnco.com\nor 214-792-5584 if further clarification is needed.\nSincerely,\nBen Pritchett\nHazardous Materials Specialist","truncated":false,"body_characters":6816}