{"operation":"document","citation":"17-0081","title":"COSTHA — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2018-08-02","effective_on":null,"summary":"17-0081 response to COSTHA concerning 175.10.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-17-0081.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-17-0081.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-17-0081","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/60481/170081.pdf","body":"<<>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nAUG O 2 2018\nMs. L'Gena Shaffer\nTechnical Consultant\nCOSTHA\n10 Hunter Brook Lane\nQueensbury, NY 12804\nReference No. 17-0081\nDear Ms. Shaffer:\nThis letter is in response to your August 4, 2017, letter requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to luggage, containing lithium\nbatteries, for carriage aboard passenger aircraft.\nWe have paraphrased and answered your questions as follows:\nQl. You ask if a lithium ion or metal battery, contained in luggage, that provides power to\nanother device must be treated as a spare battery in accordance with§ l 75.10(a)(18)(iv).\nYou note that the purpose of the lithium ion or metal battery is to provide power to\nanother device via a USB port, and it does not provide power to the luggage.\nA 1. The answer is yes. If the battery's sole purpose is to provide power to another device, it\nmust be treated as a spare battery in accordance with § 175.1 0(a)(l 8)(iv). Spare lithium\nion batteries are not permitted to be carried in checked baggage and, therefore must be\ncarried into the cabin of the aircraft with the passenger.\nQ2. You ask if the requirement for each spare battery to be \"individually protected so as to\nprevent short circuits (e.g., by placement in original retail packaging, by otherwise\ninsulating terminals by taping over exposed terminals, or placing each battery in a\nseparate plastic bag or protective pouch)\" is met when the spare battery (as described in\nQ 1) is installed in the luggage.\nA2. The answer is yes, with the presumption that the design of the luggage protects the spare\nbattery against short circuiting when installed in the luggage. Please note that the spare\nlithium batteries must meet all additional requirements for carriage of lithium batteries on\npassenger aircraft in§ 175.1 0(a)(l 8).\n\n<<>>\n\nQ3. A3. Q4. A4. Q5. A5. You ask if the battery in QI must be removed.\nThe answer is no. However, if the battery is removed, it must be protected from short\ncircuiting and overcharging in accordance with§ 175.10(a)(18), along with additional\nrequirements for carriage of lithium batteries on passenger aircraft.\nIn.the event the battery in QI is not capable of being removed from the luggage and the\nluggage does not fit in the Federal Aviation Administration (FAA)-approved overhead\nbin, you ask if the luggage can be checked.\nThe answer is no. In accordance with § 175.1 0(a)(l 8), a spare battery may only be\ntransported in carry-on baggage. If the luggage is not capable of being stowed as\ncarry-on baggage and the battery cannot be removed, it is not authorized for air\ntransportation under§ 175.10 exceptions.\nYou ask if a lithium ion or metal battery contained in luggage that provides power to\nanother device, but also provides power to devices that perform additional functions such\nas power locking, GPS tracking, or propulsion, is considered a portable electronic device\nas described in § 175. IO(a)(l 8).\nThe answer is yes. It is the opinion of this Office that a lithium ion or metal battery\ncontained in luggage to power features such as locking, GPS tracking, or propulsion, in\naddition to providing power to another device, is considered a portable electronic device.\nAircraft passengers or crew members may carry portable electronic devices powered by\nlithium batteries in either checked or carry-on baggage in accordance with\n§ 175. IO(a)(l 8).\nYou should be aware that FAA Information for Operators (lnFO) 17008: \"The\nTransportation Portable Electronic Devices (PED) in Checked Baggage\" has been\npublished regarding this issue and can be found on FAA's website at www.faa.gov. The\nInFO advises that devices containing lithium batteries should be transported in carry-on\nbaggage and not placed in checked baggage. When that is not possible, the devices\nshould be completely powered down to the OFF position, protected from accidental\nactivation, and packed so they are protected from damage.\nIt is also important to note that the International Civil Aviation Organization (ICAO)\nduring the 26th meeting of the Dangerous Goods Panel in Montreal, Canada on October\n16 thru 27, 2017, adopted a new requirement that will require luggage equipped with a\nlithium battery to be carried as carry-on baggage, unless the battery is removed from the\nluggage. This new requirement will become effective in the 2019-2020 Edition of the\nICAO Technical Instructions for the Safe Transport of Dangerous Goods by Air. This\nimplementation will be applicable for all international transportation and on any air\n\n<<>>\n\ncarriers that implement the ICAO or International Air Transportation Association (IAT A)\nrequirements as policy. You should always verify the air carrier policies prior to\ntransportation.\nIn addition to the HMR requirements, you must comply with all applicable FAA\nrequirements, including those in 14 CFR 91.21 that address operation of portable\nelectronic devices aboard aircraft. Information and guidance to assist with compliance of\nthis requirement can be found in Advisory Circular (AC) 91.21-lC, titled \"Use of\nPortable Electronic Devices Aboard Aircraft.\" For additional information regarding the\nFAA requirements or if you seek an interpretation on whether your particular device\nmeets electronic transmission requirements contained in 14 CFR 91.21, you may contact\nthe FAA at the following address:\nFederal Aviation Administration\nOffice of the Chief Counsel\nRegulations Division\n800 Independence Avenue.SW\nWashington, DC 20591\nIn addition to the transportation safety requirements pertaining to this device, there may\nbe additional security requirements issued by the Transportation Security Administration.\nQ6. You ask how air carrier employees determine if luggage contains a lithium battery, the\nsize and characteristics of the battery, and its carrying requirements.\nA6. • It is the responsibility of the passenger and air operator to comply with all applicable\nconditions for passenger and crew exceptions in § 17 5 .10.\nQ7. You ask if a lithium ion battery contained in a baby stroller that provides power to\nanother device, but also performs additional features such as powering pathway lights\nand taillights, self-charging rear wheel generators, and an LCD dashboard to track\ndistance, speed, calorie bum, temperature, time and battery level, is considered a portable\nelectronic device as described in§ 175.10(a)(18).\nA7. SeeA5.\nQ8. You ask if luggage that is designed for passengers to ride (such as the Modobag) and\npowered by a lithium battery meets the definition of a mobility aid.\nA8. Exceptions for passengers using \"a wheelchair or other mobility aid equipped with a\nlithium ion battery\" are provided in § 175. IO(a)(l 7). While \"mobility aid\" is not defined\n\n<<>>\n\nin the HMR, this wording is intended to mean that the mobility aid is related to an\nassistive need. Therefore, unless the passenger offering the luggage that is designed for\npassenger to ride has a mobility-related disability that is aided by the use of the device, it\nis the opinion of this Office that it would not meet the intent of an assistive device under\nPart 382 or the mobility aid exceptions for passengers in § 175.1 0(a)(l 7), and should be\ntreated as a portable electronic device (see AS).\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nen\nChief, Standards Development Branch\nStandards and Rulemaking Division\n\n<<>>\n\nDodd, Alice (PHMSA)\nFrom:\nSent:\nTo:\nSubject:\nAttachments:\nINFOCNTR (PHMSA)\nFriday, August 04, 2017 1:27 PM\nHazmat Interps\nFW: COSTHA request for interpretation - Baggage with lithium batteries/power source\nCOSTHA Interp Request Luggage with Power Source.pdf\nHi Alice,\nPlease submit this as a letter of interpretation. Please let me know if you have any questions.\nThanks,\nJodi\nFrom: L'Gena Shaffer [mailto:Lgena@costha.com]\nSent: Friday, August 04, 2017 9:50 AM\nTo: Kelley, Shane (PHMSA) \nCc: INFOCNTR (PHMSA) ; Chris Yakush ; Iara costha.com\n; L'Gena Shaffer ; Tom Ferguson \nSubject: COSTHA request for interpretation - Baggage with lithium batteries/power source\nDear Shane,\nAttached please find a COSTHA request for interpretation regarding the passenger and crew exceptions in §\n175.1 0(a)(18) related to new passenger baggage types that contain lithium batteries.\nWe look forward to PHMSA's clarification.\nBest regards,\n~'/pHa S~, CDGP\nTechnical Consultant\nCOSTHA\n10 Hunter Brook Lane\nQueensbury, NY 12804\nhttp://www.costha.com\nlgena@costha.com\n0: 518-761-0389 Extn. 206\nCOST HA Office: 518-761-0389\nF: 518-792-7781\nCOSTHA 2018 Annual Forum & Expo~ April 22-25 ~ Weston, FL\n<§sr~\nCONFIDENTIAL: UNAUTHORIZED USE OR DISCLOSURE IS STRICTLY PROHIBITED.\nThis information is intended to provide interpretative and authoritative information in regard to the subject matter covered\nas a service to our clients and has been answered to the best of our ability based on the information provided to us. We do\nnot guarantee the accuracy or completeness of any such interpretation or information, however, nor do we warrant that\ncompliance with any advice we provide will guarantee compliance with any legal or regulatory requirements. Our statements\n1\n\n<<>>\n\nor opinions do not convey legal interpretation and government authorities or legal counsel should be contacted for such a\nresponse.\n2\n\n<<>>\n\nCouncil on Safe Transportation of Hazardous Articles\nAugust 4, 2017\nPresident\nDave Madsen\nReg. Compliance Specialist - Americas\nAutoliv ASP, Inc.\nFirst Vice President\nSamuel Moyus\nDirector of Transportation Safety\nARCADIS\nSecond Vice Presidentffreasurer\nCarrie Wayne\nGlobal Manager, Trans. Safety\nHoneywell International\nSecretary\nDan Hankinson\nProgram Mgr, Mopar Product Reg. Comp.\nFCA US LLC - Mopar\nExecutive Committee Member\nDonald Bossow\nDirector, NA Reg Affairs\nSealed Air Corporation\nBoard of Directors\nBrian Bartal\nSr. Manager Dangerous Goods\nAmazon.com\nAmy Fischesser\nCorporate Hazardous Materials Manager\nSun Chemical Corporation\nRobert Heinrich\nSr. Traffic Adrnin Advisor\nNovartis Phannaceuricals\nRichard Lattimer\nGlobal HSE Consultant\nEli Lilly and Company\nDavid Littlejohn\nCorporate Safety Advisor\nFedEx Express\nBoyd Stephenson\nSenior Vice President\nNational Tank Truck Carriers\nMike Wentz\nManager, Dangerous Goods Compliance\nAmerican Airlines\nVeronica Wilson\nSr. Strategy Mgr, Hazmat Transport\nWal-Mart Stores, lnc\nJimWilterink\nManager - Transport Compliance\nAmway Corporation\nGeneral Counsel\nRichard Schweitzer, PLLC\nU.S. Department of Transportation\nPHMSA Office of Hazardous Materials Standards\nAttn : PHH-10\nEast Building\n1200 New Jersey Avenue, SE\nWashington, DC 20590-0001\nPhmsa.hm-infocenter@dot.gov\nDear Hazardous Materials Information Center,\nCOSTHA is requesting a letter of interpretation regarding applicatlon of the\npassenger and crew exception for personal use portable electronic devices\n(PED) in Title 49 Code of Federal Regulations, Part 175, Subpart A, Section\n175.10- Exceptions for Passengers, Crewmembers, and air operators, to\nbaggage with lithium batteries installed. We are specifically looking for\nclarification from the U.S. Department of Transportation's (DOT) Pipeline and\nHazardous Materials Safety Administration (PHMSA) as to when a passenger's\nluggage, or bag, should be designated as a power bank or a PED, which is\nexcepted from certain Hazardous Materials Regulations (HMR; 49 C.F.R. Parts\n171 -180) and permitted in either checked or carry-on baggage aboard a\npassenger aircraft pursuant to 49 C.F.R. § 175.1 0(a)(18).\nThere are an increasing number of bags with uses beyond carrying a\npassenger's personal belongings. Some of these bags have GPS tracking, some\ncharge external devices with electrical outlets or USB ports, some are designed\nto be mobile devices or ridden, and there is one bag manufacturer that uses\nlithium batteries to power the bag's locking mechanism. There are even baby\nstrollers that include batteries for charging external devices.\nAir operators are looking for detailed guidance on how to distinguish when §\n175.1 0(a)(18) applies to bags with lithium batteries installed, such that the bag is\nconsidered a PED, from situations where the bag must be handled as a spare\nbattery because it is used to supply electric power to separate equipment and\ntherefore constitutes a power bank. We also request that PHSMA provide\nanswers to the following questions and include in its response specific\nconsideration of the identified products that are currently or soon to be made\navailable on the market.\nCouncil on Safe Transportation of Hazardous Articles\n10 Hunter BroJk Lane, Queensbury, NY 12004 ,. Phooe: (518)761-0389 c Fax: (518)792-7781 c www.cxshaoom\n\n<<>>\n\n1. If a passenger's bag contains lithium metal, lithium ion cells, or batteries for the primary\npurpose of providing power to another device and therefore must be handled as a spare\nbattery in accordance with § 175.1 0(a)(18):\na. Does the battery's installation in the device meet the exception's requirement for\nspare batteries to be \"individually protected so as to prevent short circuits (e.g., by\nplacement in original retail packaging, by otherwise insulating terminals by taping\nover exposed tenninals, or placing each battery in a separate plastic bag or\nprotective pouch)\"?\nb. If the battery can be removed from the bag, must it be removed and carried in the\npassenger cabin as a spare battery or is it permitted to remain installed in the bag?\nFor example, Travelmate Robotics' has a prototype fully autonomous and robotic\nsuitcase that has a removable battery, which can be charged with wireless\ntechnology, USB port, standard electrical outlet, and removable GPS chip. See\nTravelmate: A Fully Autonomous Suitcase and Robot, http://travelmaterobotics.com/.\nc. What is the required course of action for the bag when the battery cannot be\nremoved and the bag is too large to fit in a Federal Aviation Administration (FAA)\napproved stowage location (i.e., the overhead compartment)? For example, Princess\nTraveler offers a bag equipped with a lithium battery for use as a general charging\ndevice that generally cannot be removed . See Powerbox PET Collection-Power\nCollection, PRINCESS TRAVELER,\nhttp ://pri ncesstravel ler. com/en/col lectie/li j n/powerbox/?g=90.\nd. If the bag contains a power lock to secure the bag, or some other functionality, would\nthe bag's exception status change under§ 175.1 0(a)(18), such that the bag would\nqualify as a PED and be permitted in checked or carry-on baggage?\n2. If a passenger's bag is designed with a lithium ion battery and only provides power to\nexternal devices via a USB port, or electric plug:\na. Is the bag considered a spare battery? For example, Away Travel Carry-On Luggage\nproduces a bag that contains a built-in battery for the purpose of charging devices\nusing a USB port, which while built to stay in place, can be removed by screwdriver\nafter unzipping the interior lining. See AWAY TRAVEL, https://www.awaytravel.com/.\nb. Would the bag's exception status change, such that it would qualify as a PED, if it\nwas also equipped with GPS tracking, or other functionality? For example, the\nBluesmart Series 2 Smart Luggage System has installed lithium batteries that can be\nused to charge 6 devices, but also includes a location tracker, digital scale, and\nremote lock. See Bluesmart Series Smart Luggage System,\nhttp://www.bluesmart.com.)?\n3. How are air carrier employees to determine if a bag contains a lithium battery, the size and\ncharacteristics of the battery, and its carrying requirements when bags are being checked in\nor carried on board the air craft, particularly in instances where the passenger lacks\ninformation about the bag? For example, the CowaRobot Robotic Suitcase, which has a\nbuilt-in battery to power external devices using a USB and is equipped with smart\ntechnology to allow the suitcase to travel beside the user, looks remarkably similar to other\n\n<<>>\n\nbags and if not turned on is not distinguishable as a smart suitcase. See CowAROBOT,\nhttp://cowarobot.com/.\n4. When a baby stroller is equipped with a lithium ion cell, or battery, to power external\ndevices, will the stroller be considered a PED and approved for carriage in accordance with\n§ 175.1 O(a)(18), provided the stroller satisfies all other requirements (e.g. the lithium ion\nbattery has a Watt-hour (Wh) rating under 100)? See 4Moms\nhttps://www.4moms.com/moxi?gclid=EAlalQobChMl49S040-\n71 QIVDTaBChOxkA2MEAAYASAAEgJ7UfD BwE\nFinally, we request clarification on when an air carrier can accept luggage under§ 175.10(a)(18)\nthat is designed with a motor for passengers to ride. Modobag, for example, offers motorized\nluggage, which can also be used as a carry-on, is equipped with a battery to charge two devices\nwith dual USB ports, and has a built in GPS. See Modobag: World's First Motorized, Rideable\nLuggage, http://modobag.com. Although the International Air Transport Association (IATA)\npublished guidance on smart luggage in May 2017, which addresses bags equipped with\nlithium batteries, this guidance indicates that smart luggage containing a lithium ion battery and\nmotor allowing it to be used as a personal transportation device does not meet the criteria for a\nmobility device. Smart Baggage with Integrated Lithium Batteries and/or Electronics, IA TA, (May\n2017), https://www.iata.org/whatwedo/safety/Documents/lATA-Guidance-on-Smart-Baggage-\nwith-integrated-lithium-batteries-and-electronics.pdf. However, because 14 C.F.R. § 382.3\ndefines a \"battery-powered mobility aid\" as \"an assistive device that is used by individuals with\nmobility impairments such as a wheelchair, a scooter, or a Segway when it is used as a mobility\ndevice by a person with a mobility-related disability;\" it is unclear when a suitcase, which is\ndesigned for moving a passenger (i.e. rideable), will be considered a mobility aid instead of a\nbag equipped with a motor, or riding luggage. Further, if it does not qualify as a mobility aid,\nadditional clarification of the exception in § 175.10(a)(18) is needed to properly assess whether\nthe riding luggage can be handled as carry-on baggage.\nAs travelers become increasingly connected by portable electronic devices, manufacturers are\nworking to meet consumers demand for portable power, leading to new and creative battery\napplications. Although air carriers are diligently attempting to evaluate each device type when\npresented, additional guidance on the exception in § 175.1 O(a)(18) and how it should be applied\nto bags with lithium batteries installed is needed to ensure proper application of the HMR.\nWe appreciate your review and prompt response. If you have any questions regarding this\nrequest, please feel free to call me at +1 .518.761 .0389, Ext. 206 or email lgena@costha.com.\nSincerely,\nL'Gena Shaffer\nCouncil on Safe Transportation of Hazardous Articles","truncated":false,"body_characters":19152}