# Council on Safe Transport of Hazardous Articles, Inc. — Hazardous Materials Safety Interpretation

- **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:** Not available
- **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:**

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U.S. Department
of Transportation
Pipeline and Hazardous
Materials Safety
Administration
1200 New Jersey Avenue, SE
Washington, DC 20590
FEB 2 0 2018
Ms. L'Gena Shaffer, CDGP
Technical Consultant
Council on Safe Transport of Hazardous Articles, Inc.
10 Hunter Brook Lane
Queensbury, NY 12804
Reference No. 17-0060
Dear Ms. Shaffer:
This letter is in response to your January 19, 2017, email requesting clarification of the
Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the carriage of
non-spillable batteries used to power portable electronic devices on passenger-carrying aircraft.
Specifically, you reference a letter of interpretation previously issued by this Office under
Reference No. 11-0113, and ask whether answer "A4," which stated in part that a non-spillable
battery is not permitted in a passenger's carry-on baggage, should be revised based on recent
regulatory amendments to§ 175.10(a)(l 8)(iii).
The answer is yes; the previous answer "A4" in Reference No. 11-0113 is no longer valid. A
non-spillable battery is permitted in a passenger's carry-on baggage, provided the non-spillable
battery meets the requirements prescribed in § 175.1O(a)(l8)(iii). Please note the exceptions
provided in§ 175.10(a)(18)(iii) for non-spillable batteries apply to portable electronic devices
only-such as watches, cameras, camcorders, and medical devices-and not to a mobility aid-
such as a wheelchair. Further, the battery and equipment must conform to§ 173.159a(d). Each
battery must not exceed a voltage greater than 12 volts and a watt-hour (Wh) rating of not more
than 100 Wh. No more than two individually protected spare batteries may be carried. Such
equipment and spare batteries may be carried in checked baggage or carry-on baggage.
I hope this information is helpful. Please contact us if we can be of further assistance.
Sincerely,
~~~//VF(/~--···
r
T. Glenn Foster
Chief, Regulatory Review and Reinvention Branch
Standards and Rulemaking Division

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- ------ -----·---- ----- -· -- ---· ---- - ~---· ------·--··--··----····--- -··- -- ---- ·----··-- - ·~-- . ~ . .
From: L'Gena Shaffer [mailto:Lgena@costha.com] ~ I ·7 3. ) 59 cl
)"
Sent: Thursday, January 19, 2017 1:28 PM 8 c;...
To: Stevens, Michael (PHMSA) I J-- '
Cc: L'Gena Shaffer; Chris Yakush; Tom Ferguson /..:::;~(° ~
Subject: Interpretation letter review - Ref. 11-0113 / -
Importance: High - 00 ~ O
Hello Mr. Stevens!
I hope this email finds you well.
I need some guidance and hope you can help me.
The attached interpretation appears to have an outdated response (04). Ultimately, we'd like to have is an 'updated'
response to question 4 without losing the responses to other 3 questions. We believe the answer to question 4 has
changed due to updates in the HMR.
Q4. If a non-spillable battery meets the conditions of§ 173.159a(d), is it permitted in the cabin of an aircraft as
carry-on baggage when the battery is installed in medical equipment, assistive devices, or mobility aids?
A4. No. As indicated in A3 above, a non-spillable battery is not permitted in a passenger's carry-on baggage. The
Department's disability regulation states that a carrier must permit passengers with a disability to bring manual
wheelchairs, other mobility aids (e.g., canes), or other assistive devices into the aircraft cabin, provided that
their stowage in the cabin is consist~nt with FAA, PHMSA, TSA, or applicable foreign government requirements.
(see 14 CFR 382.121). If an assistive device cannot, consistent with government safety and security
requirements, such as the HMR, be transported in the cabin, 14 CFR Part 3 82 does not require the carrier to
accept it in the cabin. In fact, the carrier must not accept a material that would
result in violation of the HMR.
However, the current regulations allow a "PED" with a non-spillable battery in checked or carry-on baggage.
§ 175.10(a)(18)
(iii) For a non-spillable battery, the battery and equipment must conform to §173.159a(d). Each battery must not
exceed a voltage greater than 12 volts and a watt-hour rating of not more 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.
The HMR would supersede an interpretation letter, but this interpretation has been widely used and referenced by air
carriers.
Is it possible to get a 'revised' interpretation to replace the current one? If so, do I need to formally request the review?
If it is easier to discuss via phone call, please feel free to call me to discuss.
Best regards,
,L ·~ S~, CDGP
Technical Consultant
COST HA
10 Hunter Brook Lane
Queensbury, NY 12804
http://www.costha.com
lgena@costha.com
0: 518-761-0389 Extn. 206
COSTHA Office: 518-761-0389
F: 518-792-7781
COSTHA 2017 Annual Forum & Expo -April 30-May 3 - Scottsdale, AZ
2

<<<PAGE 3>>>

U.S. Department
of Transportation
Pipeline and Hazardous
Materials Safety
Administration
1200 New Jersey Avenue, SE
Washington, D.C. 20590
MAY 1 6 2012
Mr. Thomas W. Ferguson
Technical Consultant
Council on Safe Transport of Hazardous Articles, Inc.
7803 Hill House Court
Fairfax Station, VA 22039
Ref. No.: 11-0113
Dear Mr. Ferguson:
This responds to your May 6, 2011, letter posing several questions concerning the applicability
of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to the carriage of an
airline passenger's non-spillable battery in carry-on or checked baggage. You also asked about a
carrier's obligation to accept a non-spillable battery-powered wheelchair or other non-spillable
battery-powered mobility aid 1 in accordance with nondiscrimination requirements under 14 CFR
Part 382, Subpart I, specifically, 14 CFR 382.121. Your questions have been paraphrased and
are answered as follows:
Q 1. Is a non-spillable battery that meets the conditions of§ 173.159a( d) subject to the additional
conditions of§ 175. l O(a)( 15) when offered for transportation as checked baggage?
A 1. Yes, a passenger may only transport a non-spillable battery as checked baggage if it meets
the conditions of§ 17 5. I 0( a )(15). -
, '~ 'f'.
Q2. Is a carrier required to transport a non-spillable battery as checked baggage when it is not
installed in a battery powered mobility aid?
A2. A non-spillable battery may be separately packaged and transported in the baggage
compartment along with the wheelchair or mobility aid that it powers, if the removal of the
battery from the device is necessary to prevent a short circuit or unintentional activation (see .
§ 175. lO(a)(lS)). A carrier is required to transport a battery-powered mobility aid as checked
baggage so long as such transportation is consistent with PHMSA's hazardous materials
regulations specified in§§ 173.159a(d) and 175.IO(a)(lS). Furthennore, with respect to the
carriers' responsibility, 14 CFR 382.127 prohibits a carrier from requiring that the non-spillable
.
·battery be removed from the wheelchair or other mobility aid unless it is necessary to do so for
1 A battery-powered mobility aid means an assistive device that is used by individuals with mobility impainnents
such as a wheelchair, a scooter, or a Segway when it is used as a mobility device by a person with a mobility-related
disability.

<<<PAGE 4>>>

safety reasons. When the non-spillable battery must be detached from the assistive device, it
may only be carried if it is placed in packaging meeting the requirements of§ 175.10.
Q3. If a non-spillable battery meets the conditions of§ 173.159a(d), is it permitted in the cabin
of an aircraft as carry-on baggage (i.e. not installed in equipment)?
A3 . No, as indicated in Al above, a hazardous material carried by a passenger must meet an
exception in § 175 .10. Section 175. l 0 does not provide an exception for carriage of a non- 'J .i. cl 0 "-.! Yl 0 , ,J
spillable battery as carry-on baggage and as such does not pennit a passenger to carry a non-
11 5 , 1 u ( ,, -, ( 1 ~· , • )
spillable battery in the cabin of an aircraft, regardless of whether it is transported alone or
attached to a device.
Q4. If a non-spillable battery meets the conditions of§ 173.159a(d), is it permitted in the cabin
of an aircraft as carry-on baggage when the battery is installed in medical equipment, assistive
devices, or mobility aids? -:! t , , ,, , •
A4. No. As indicated in A3 above, a non-spillable battery is not permitted in a passenger's
carry-on baggage. The Department's disability regulation states that a carrier must permit
passengers with a disability to bring manual wheelchairs, other mobility aids (e.g., canes), or
other assisti ve devices into the aircraft cabin, provided that their stowage in the cabin is
consistent with FAA, P HMSA, TSA, or applicable foreign government requirements. (see 14 CFR
382.121). If an assistive device cannot, consistent with government safety and security
requirements, such as the HMR, be transported in the cabin, 14 CFR Part 3 82 does not require
the carrier to accept it in the cabin. In fact, the carrier must not accept a material that would
result in violation of the HMR.
I hope this answers your inquiry. If you need additional assistance, please contact the Standards
and Rulemaking Division.
Sincerely,
1P~
irector
Standards and Rulemaking Division

<<<PAGE 5>>>

Lear<1
~ 173. T39
~/75. JO
Oatterie~
I I -OJ Jc
COUNCIL ON SAFE TRANSPORTATION
OF HAZARDOUS ARTICLES, INC.
May 6, 2011
President
Robert Heinrich
Novartis Pharmaceuticals
Roben.Heinrich@novartis.com
First Vice President
bonald Bossow
Diverscy, lnc.
donaJd.bossow@diversey com
Second Vitt Prr:sidr:ntffreasurr:r
John D' Aloia
Mary Kay. Inc.
john . d' aloi~mkcorp . com
Secretary
Jeanne Zmich
Label master
JEANNEZ@alc-net.com
Eucu.tive Committe« Member
Richa rd Lattimer
[Ii Lilly 1md Company
Rl.attimer@lilly.com
Board of Dirutors
Le• Adolph
Amuican Airlines
Les.Adolph@aa.com
Sean Broderick
Procter & Gamble Distributing LLC
Bmderick.sp@pg.com
David [vans
Purolator Courier Ltd.
devans2@purolator com
Amy Fischesser
Sun Chemical Corporation
amy.fisches.scr@na.sWlchem.com
Alicia Gaines
Abbotl Laboratories
alicia.gaines@abbon.com
Dave Madsen
Autoliv, Jnc.
Oave.Madsen@autoliv.com
Rich MoskowiR
American Truckine: Associations, Inc:.
rmoskow;tt@trucking.org
Christopher Palabrica, CPM, CH.MM
Mays Chemical C'.G.
chrisp@mayschem.com
Dan With~n
Toyota Molor Sales, USA1 Tm:.
dan_wieten@toyota.com
Genera.I Counsel
Richard Schweitzer, PLLC
Magdy El-Sibaie, PhD
Associate Administrator, Hazardous Materials Safety
Pipeline and Hazardous Materials Safety Administration
US Department of Transportation
1200 New Jersey Ave., SE
East Bldg. Second Floor
Washington, DC 20590-0001
Dear Dr. El-Sibaie:
The Council on Safe Transportation of Hazardous Articles, Inc.
(COSTHA) hereby submits a request for interpretation regarding the
applicability of 49 CFR, Part 175, §175.10, paragraph (a)(15) to wet,
non-spillable batteries meeting the exceptions defined in 49 CFR, Part
173, §173.159a, paragraph (d).
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 Hazardous Materials Regulations (HMR) provide specific
provisions for the carriage of hazardous materials in checked or carry-
on baggage in §175.10. Paragraph (a)(15) details provisions for the
carriage of wheelchairs or mobility aids with non-spillable batteries
when offered as checked baggage. Further, Subparagraph (a)(15)(i)
includes the requirement for such a non-spillable battery to meet the
requirements of §173.159a(d). Subparagraphs (a)(15)(ii), (iii), and (iv)
detail additional requirements above § 173.159a(d) which must be met
including visual inspection of the battery, battery disconnection unless
the wheelchair or mobility aid provides an effective means to do so,
and additional specific handling procedures.
The Council on Safe Transportation of Hazardous Articles, Inc.
7803 Hill House Court Fairfax Station, VA 22039 Phone: 703/451-4031 Fax: 703/451-4207
mail@costha.com www.costha.com

<<<PAGE 6>>>

In §173.159a, the HMR provides exceptions for non-spillable batteries. Paragraph (d) states:
(d) Non-spillable batteries are excepted from all other requirements of this subchapter
when offered for transportation and transported in accordance with paragraph (c) of this
section and the following:
(1) At a temperature of 55 °C (131 °F), the battery must not contain any unabsorbed
free-flowing liquid, and must be designed so that electrolyte will not flow from a ruptured
or cracked case; and
(2) For transport by aircraft, when contained in a battery-powered device, equipment or
vehicle must be prepared and packaged for transport in a manner to prevent
unintentional activation in conformance with §173.159(b)(2) of this Subpart.
The introduction sentence in paragraph (d) above indicates that if the conditions in (d) are met,
the batteries are not subject to any other requirements of Subchapter C of Title 49 CFR.
Subchapter C includes Part 175. Notwithstanding the conditions of§ 175.1, the wording in
§173.159a(d) suggests the conditions detailed in §175.1 O(a)(15) are not applicable to batteries
meeting the conditions of §173.159a(d). The wording "are excepted from all other requirements
of this subchapter" is confusing to the reader and would indicate a battery prepared in
accordance with §173.159a(d) may move freely through the transportation chain, including as
checked or carry-on baggage.
Given the current wording of the HMR, COSTHA poses the following question:
1. Is a wet, non-spillable battery meeting the conditions of§ 173.159a(d) subject to the
additional conditions of §175.10(a)(15) when offered for air transport as checked
baggage?
In a separate but related issue, COSTHA is aware of language contained within 14 CFR, Part
382, §382.121, Paragraph (a) which addresses mobility aids and assistive devices that must be
accepted by an air carrier as carry-on baggage. The language contained within §382.121 (a)(3)
states:
(a) As a carrier, you must permit passengers with a disability to bring the following kinds of
items into the aircraft cabin, provided that they can be stowed in designated priority
storage areas or in overhead compartments or under seats, consistent with FAA,
PHSMA, TSA, or applicable foreign government requirements concerning security,
safety and hazardous materials with respect to the stowage of carry-on items.
(3) Other assistive devices for stowage or use within the cabin (e.g., prescription
medications and. any medical devices needed to administer them such as syringes or
auto-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 material rules).
The language of §382.121 (a)(3) indicates carriers must permit the stowage in the cabin of
assistive devices that use non-spillable batteries as long as they comply with applicable
hazardous material regulations: However, 49 CFR §175.10(a) does not provide any provisions
for the carriage of non-spillable batteries other than those contained within mobility aids.
Notwithstanding the answer to Question 1 above, this lack of clarity suggests that wet, non-

<<<PAGE 7>>>

spillable batteries meeting the requirements of §173.159a(d) are not permitted in the cabin of
the aircraft as carry-on baggage.
To clarify this point, COSTHA poses the following questions:
2. If a wet, non-spillable battery meets the conditions of §173.159a(d), is it permitted in the
cabin of an aircraft as carry-on baggage (alone, not installed in equipment)?
3. If a wet, non-spillable battery meets the conditions of §173.159a(d), is it permitted in the
cabin of an aircraft as carry-on baggage installed in medical equipment, assistive
devices, or mobility aids?
COSTHA notes that if the answer to Question 2 is no, then 14 CFR, §382.121(a)(3) details a
carrier requirement which is not permitted (the allowance of non-spillable batteries in assistive
devices) per the HMR.
Timely clarification on these is. sues would be greatly appreciated.
Sincerely,
Thomas w. Ferguson, PG, CHMM, DGSA
COSTHA Technical Consultant
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