{"operation":"document","citation":"17-0060","title":"Council on Safe Transport of Hazardous Articles, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2018-02-20","effective_on":null,"summary":"17-0060 response to Council on Safe Transport of Hazardous Articles, Inc. concerning 173.159a, 175.10.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-17-0060.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-17-0060.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-17-0060","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/57381/170060_0.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nFEB 2 0 2018\nMs. L'Gena Shaffer, CDGP\nTechnical Consultant\nCouncil on Safe Transport of Hazardous Articles, Inc.\n10 Hunter Brook Lane\nQueensbury, NY 12804\nReference No. 17-0060\nDear Ms. Shaffer:\nThis letter is in response to your January 19, 2017, email requesting clarification of the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the carriage of\nnon-spillable batteries used to power portable electronic devices on passenger-carrying aircraft.\nSpecifically, you reference a letter of interpretation previously issued by this Office under\nReference No. 11-0113, and ask whether answer \"A4,\" which stated in part that a non-spillable\nbattery is not permitted in a passenger's carry-on baggage, should be revised based on recent\nregulatory amendments to§ 175.10(a)(l 8)(iii).\nThe answer is yes; the previous answer \"A4\" in Reference No. 11-0113 is no longer valid. A\nnon-spillable battery is permitted in a passenger's carry-on baggage, provided the non-spillable\nbattery meets the requirements prescribed in § 175.1O(a)(l8)(iii). Please note the exceptions\nprovided in§ 175.10(a)(18)(iii) for non-spillable batteries apply to portable electronic devices\nonly-such as watches, cameras, camcorders, and medical devices-and not to a mobility aid-\nsuch as a wheelchair. Further, the battery and equipment must conform to§ 173.159a(d). Each\nbattery must not exceed a voltage greater than 12 volts and a watt-hour (Wh) rating of not more\nthan 100 Wh. No more than two individually protected spare batteries may be carried. Such\nequipment and spare batteries may be carried in checked baggage or carry-on baggage.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\n~~~//VF(/~--···\nr\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<<PAGE 2>>>\n\n- ------ -----·---- ----- -· -- ---· ---- - ~---· ------·--··--··----····--- -··- -- ---- ·----··-- - ·~-- . ~ . .\nFrom: L'Gena Shaffer [mailto:Lgena@costha.com] ~ I ·7 3. ) 59 cl\n)\"\nSent: Thursday, January 19, 2017 1:28 PM 8 c;...\nTo: Stevens, Michael (PHMSA) I J-- '\nCc: L'Gena Shaffer; Chris Yakush; Tom Ferguson /..:::;~(° ~\nSubject: Interpretation letter review - Ref. 11-0113 / -\nImportance: High - 00 ~ O\nHello Mr. Stevens!\nI hope this email finds you well.\nI need some guidance and hope you can help me.\nThe attached interpretation appears to have an outdated response (04). Ultimately, we'd like to have is an 'updated'\nresponse to question 4 without losing the responses to other 3 questions. We believe the answer to question 4 has\nchanged due to updates in the HMR.\nQ4. If a non-spillable battery meets the conditions of§ 173.159a(d), is it permitted in the cabin of an aircraft as\ncarry-on baggage when the battery is installed in medical equipment, assistive devices, or mobility aids?\nA4. No. As indicated in A3 above, a non-spillable battery is not permitted in a passenger's carry-on baggage. The\nDepartment's disability regulation states that a carrier must permit passengers with a disability to bring manual\nwheelchairs, other mobility aids (e.g., canes), or other assistive devices into the aircraft cabin, provided that\ntheir stowage in the cabin is consist~nt with FAA, PHMSA, TSA, or applicable foreign government requirements.\n(see 14 CFR 382.121). If an assistive device cannot, consistent with government safety and security\nrequirements, such as the HMR, be transported in the cabin, 14 CFR Part 3 82 does not require the carrier to\naccept it in the cabin. In fact, the carrier must not accept a material that would\nresult in violation of the HMR.\nHowever, the current regulations allow a \"PED\" with a non-spillable battery in checked or carry-on baggage.\n§ 175.10(a)(18)\n(iii) For a non-spillable battery, the battery and equipment must conform to §173.159a(d). Each battery must not\nexceed a voltage greater than 12 volts and a watt-hour rating of not more than 100 Wh. No more than two\nindividually protected spare batteries may be carried. Such equipment and spare batteries must be carried in\nchecked or carry-on baggage.\nThe HMR would supersede an interpretation letter, but this interpretation has been widely used and referenced by air\ncarriers.\nIs it possible to get a 'revised' interpretation to replace the current one? If so, do I need to formally request the review?\nIf it is easier to discuss via phone call, please feel free to call me to discuss.\nBest regards,\n,L ·~ S~, CDGP\nTechnical Consultant\nCOST HA\n10 Hunter Brook Lane\nQueensbury, NY 12804\nhttp://www.costha.com\nlgena@costha.com\n0: 518-761-0389 Extn. 206\nCOSTHA Office: 518-761-0389\nF: 518-792-7781\nCOSTHA 2017 Annual Forum & Expo -April 30-May 3 - Scottsdale, AZ\n2\n\n<<<PAGE 3>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, D.C. 20590\nMAY 1 6 2012\nMr. Thomas W. Ferguson\nTechnical Consultant\nCouncil on Safe Transport of Hazardous Articles, Inc.\n7803 Hill House Court\nFairfax Station, VA 22039\nRef. No.: 11-0113\nDear Mr. Ferguson:\nThis responds to your May 6, 2011, letter posing several questions concerning the applicability\nof the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to the carriage of an\nairline passenger's non-spillable battery in carry-on or checked baggage. You also asked about a\ncarrier's obligation to accept a non-spillable battery-powered wheelchair or other non-spillable\nbattery-powered mobility aid 1 in accordance with nondiscrimination requirements under 14 CFR\nPart 382, Subpart I, specifically, 14 CFR 382.121. Your questions have been paraphrased and\nare answered as follows:\nQ 1. Is a non-spillable battery that meets the conditions of§ 173.159a( d) subject to the additional\nconditions of§ 175. l O(a)( 15) when offered for transportation as checked baggage?\nA 1. Yes, a passenger may only transport a non-spillable battery as checked baggage if it meets\nthe conditions of§ 17 5. I 0( a )(15). -\n, '~ 'f'.\nQ2. Is a carrier required to transport a non-spillable battery as checked baggage when it is not\ninstalled in a battery powered mobility aid?\nA2. A non-spillable battery may be separately packaged and transported in the baggage\ncompartment along with the wheelchair or mobility aid that it powers, if the removal of the\nbattery from the device is necessary to prevent a short circuit or unintentional activation (see .\n§ 175. lO(a)(lS)). A carrier is required to transport a battery-powered mobility aid as checked\nbaggage so long as such transportation is consistent with PHMSA's hazardous materials\nregulations specified in§§ 173.159a(d) and 175.IO(a)(lS). Furthennore, with respect to the\ncarriers' responsibility, 14 CFR 382.127 prohibits a carrier from requiring that the non-spillable\n.\n·battery be removed from the wheelchair or other mobility aid unless it is necessary to do so for\n1 A battery-powered mobility aid means an assistive device that is used by individuals with mobility impainnents\nsuch as a wheelchair, a scooter, or a Segway when it is used as a mobility device by a person with a mobility-related\ndisability.\n\n<<<PAGE 4>>>\n\nsafety reasons. When the non-spillable battery must be detached from the assistive device, it\nmay only be carried if it is placed in packaging meeting the requirements of§ 175.10.\nQ3. If a non-spillable battery meets the conditions of§ 173.159a(d), is it permitted in the cabin\nof an aircraft as carry-on baggage (i.e. not installed in equipment)?\nA3 . No, as indicated in Al above, a hazardous material carried by a passenger must meet an\nexception in § 175 .10. Section 175. l 0 does not provide an exception for carriage of a non- 'J .i. cl 0 \"-.! Yl 0 , ,J\nspillable battery as carry-on baggage and as such does not pennit a passenger to carry a non-\n11 5 , 1 u ( ,, -, ( 1 ~· , • )\nspillable battery in the cabin of an aircraft, regardless of whether it is transported alone or\nattached to a device.\nQ4. If a non-spillable battery meets the conditions of§ 173.159a(d), is it permitted in the cabin\nof an aircraft as carry-on baggage when the battery is installed in medical equipment, assistive\ndevices, or mobility aids? -:! t , , ,, , •\nA4. No. As indicated in A3 above, a non-spillable battery is not permitted in a passenger's\ncarry-on baggage. The Department's disability regulation states that a carrier must permit\npassengers with a disability to bring manual wheelchairs, other mobility aids (e.g., canes), or\nother assisti ve devices into the aircraft cabin, provided that their stowage in the cabin is\nconsistent with FAA, P HMSA, TSA, or applicable foreign government requirements. (see 14 CFR\n382.121). If an assistive device cannot, consistent with government safety and security\nrequirements, such as the HMR, be transported in the cabin, 14 CFR Part 3 82 does not require\nthe carrier to accept it in the cabin. In fact, the carrier must not accept a material that would\nresult in violation of the HMR.\nI hope this answers your inquiry. If you need additional assistance, please contact the Standards\nand Rulemaking Division.\nSincerely,\n1P~\nirector\nStandards and Rulemaking Division\n\n<<<PAGE 5>>>\n\nLear<1\n~ 173. T39\n~/75. JO\nOatterie~\nI I -OJ Jc\nCOUNCIL ON SAFE TRANSPORTATION\nOF HAZARDOUS ARTICLES, INC.\nMay 6, 2011\nPresident\nRobert Heinrich\nNovartis Pharmaceuticals\nRoben.Heinrich@novartis.com\nFirst Vice President\nbonald Bossow\nDiverscy, lnc.\ndonaJd.bossow@diversey com\nSecond Vitt Prr:sidr:ntffreasurr:r\nJohn D' Aloia\nMary Kay. Inc.\njohn . d' aloi~mkcorp . com\nSecretary\nJeanne Zmich\nLabel master\nJEANNEZ@alc-net.com\nEucu.tive Committe« Member\nRicha rd Lattimer\n[Ii Lilly 1md Company\nRl.attimer@lilly.com\nBoard of Dirutors\nLe• Adolph\nAmuican Airlines\nLes.Adolph@aa.com\nSean Broderick\nProcter & Gamble Distributing LLC\nBmderick.sp@pg.com\nDavid [vans\nPurolator Courier Ltd.\ndevans2@purolator com\nAmy Fischesser\nSun Chemical Corporation\namy.fisches.scr@na.sWlchem.com\nAlicia Gaines\nAbbotl Laboratories\nalicia.gaines@abbon.com\nDave Madsen\nAutoliv, Jnc.\nOave.Madsen@autoliv.com\nRich MoskowiR\nAmerican Truckine: Associations, Inc:.\nrmoskow;tt@trucking.org\nChristopher Palabrica, CPM, CH.MM\nMays Chemical C'.G.\nchrisp@mayschem.com\nDan With~n\nToyota Molor Sales, USA1 Tm:.\ndan_wieten@toyota.com\nGenera.I Counsel\nRichard Schweitzer, PLLC\nMagdy El-Sibaie, PhD\nAssociate Administrator, Hazardous Materials Safety\nPipeline and Hazardous Materials Safety Administration\nUS Department of Transportation\n1200 New Jersey Ave., SE\nEast Bldg. Second Floor\nWashington, DC 20590-0001\nDear Dr. El-Sibaie:\nThe Council on Safe Transportation of Hazardous Articles, Inc.\n(COSTHA) hereby submits a request for interpretation regarding the\napplicability of 49 CFR, Part 175, §175.10, paragraph (a)(15) to wet,\nnon-spillable batteries meeting the exceptions defined in 49 CFR, Part\n173, §173.159a, paragraph (d).\nCOSTHA is a not-for-profit organization representing manufacturers,\nshippers, distributors, carriers, freight forwarders, trainers, packaging\nmanufacturers and others associated with the hazardous materials\ntransportation industry. In addition to promoting regulatory compliance\nand safety in hazardous materials transportation, COSTHA assists its\nmembers and the public in evaluating the practicality and efficacy of\nlaws, rules and regulations for the safe transportation and distribution\nof hazardous materials.\nThe Hazardous Materials Regulations (HMR) provide specific\nprovisions for the carriage of hazardous materials in checked or carry-\non baggage in §175.10. Paragraph (a)(15) details provisions for the\ncarriage of wheelchairs or mobility aids with non-spillable batteries\nwhen offered as checked baggage. Further, Subparagraph (a)(15)(i)\nincludes the requirement for such a non-spillable battery to meet the\nrequirements of §173.159a(d). Subparagraphs (a)(15)(ii), (iii), and (iv)\ndetail additional requirements above § 173.159a(d) which must be met\nincluding visual inspection of the battery, battery disconnection unless\nthe wheelchair or mobility aid provides an effective means to do so,\nand additional specific handling procedures.\nThe Council on Safe Transportation of Hazardous Articles, Inc.\n7803 Hill House Court Fairfax Station, VA 22039 Phone: 703/451-4031 Fax: 703/451-4207\nmail@costha.com www.costha.com\n\n<<<PAGE 6>>>\n\nIn §173.159a, the HMR provides exceptions for non-spillable batteries. Paragraph (d) states:\n(d) Non-spillable batteries are excepted from all other requirements of this subchapter\nwhen offered for transportation and transported in accordance with paragraph (c) of this\nsection and the following:\n(1) At a temperature of 55 °C (131 °F), the battery must not contain any unabsorbed\nfree-flowing liquid, and must be designed so that electrolyte will not flow from a ruptured\nor cracked case; and\n(2) For transport by aircraft, when contained in a battery-powered device, equipment or\nvehicle must be prepared and packaged for transport in a manner to prevent\nunintentional activation in conformance with §173.159(b)(2) of this Subpart.\nThe introduction sentence in paragraph (d) above indicates that if the conditions in (d) are met,\nthe batteries are not subject to any other requirements of Subchapter C of Title 49 CFR.\nSubchapter C includes Part 175. Notwithstanding the conditions of§ 175.1, the wording in\n§173.159a(d) suggests the conditions detailed in §175.1 O(a)(15) are not applicable to batteries\nmeeting the conditions of §173.159a(d). The wording \"are excepted from all other requirements\nof this subchapter\" is confusing to the reader and would indicate a battery prepared in\naccordance with §173.159a(d) may move freely through the transportation chain, including as\nchecked or carry-on baggage.\nGiven the current wording of the HMR, COSTHA poses the following question:\n1. Is a wet, non-spillable battery meeting the conditions of§ 173.159a(d) subject to the\nadditional conditions of §175.10(a)(15) when offered for air transport as checked\nbaggage?\nIn a separate but related issue, COSTHA is aware of language contained within 14 CFR, Part\n382, §382.121, Paragraph (a) which addresses mobility aids and assistive devices that must be\naccepted by an air carrier as carry-on baggage. The language contained within §382.121 (a)(3)\nstates:\n(a) As a carrier, you must permit passengers with a disability to bring the following kinds of\nitems into the aircraft cabin, provided that they can be stowed in designated priority\nstorage areas or in overhead compartments or under seats, consistent with FAA,\nPHSMA, TSA, or applicable foreign government requirements concerning security,\nsafety and hazardous materials with respect to the stowage of carry-on items.\n(3) Other assistive devices for stowage or use within the cabin (e.g., prescription\nmedications and. any medical devices needed to administer them such as syringes or\nauto-injectors, vision-enhancing devices, and POCs, ventilators and respirators that use\nnon-spillable batteries, as long as they comply with applicable safety, security and\nhazardous material rules).\nThe language of §382.121 (a)(3) indicates carriers must permit the stowage in the cabin of\nassistive devices that use non-spillable batteries as long as they comply with applicable\nhazardous material regulations: However, 49 CFR §175.10(a) does not provide any provisions\nfor the carriage of non-spillable batteries other than those contained within mobility aids.\nNotwithstanding the answer to Question 1 above, this lack of clarity suggests that wet, non-\n\n<<<PAGE 7>>>\n\nspillable batteries meeting the requirements of §173.159a(d) are not permitted in the cabin of\nthe aircraft as carry-on baggage.\nTo clarify this point, COSTHA poses the following questions:\n2. If a wet, non-spillable battery meets the conditions of §173.159a(d), is it permitted in the\ncabin of an aircraft as carry-on baggage (alone, not installed in equipment)?\n3. If a wet, non-spillable battery meets the conditions of §173.159a(d), is it permitted in the\ncabin of an aircraft as carry-on baggage installed in medical equipment, assistive\ndevices, or mobility aids?\nCOSTHA notes that if the answer to Question 2 is no, then 14 CFR, §382.121(a)(3) details a\ncarrier requirement which is not permitted (the allowance of non-spillable batteries in assistive\ndevices) per the HMR.\nTimely clarification on these is. sues would be greatly appreciated.\nSincerely,\nThomas w. Ferguson, PG, CHMM, DGSA\nCOSTHA Technical Consultant","truncated":false,"body_characters":16593}