{"operation":"document","citation":"19-0054","title":"Joseph Tsiyoni — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2019-09-20","effective_on":null,"summary":"19-0054 concerning 175.10.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-19-0054.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-19-0054.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-19-0054","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/72466/190054.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nSEP 2 0 2019\nJoseph Tsiyoni\n1415 N. Rose Street\nTempe, AZ 85281\nReference No. 19-0054\nDear Mr. Tsiyoni:\nThis letter is in response to your April 19, 2019, letter and subsequent phone conversations\nrequesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180)\napplicable to the transportation of battery-powered mobility aid equipment. Specifically, you ask\nfor clarification of requirements in § 175.10 for battery-powered mobility aid equipment.\nWe have paraphrased and answered your questions as follows:\nQ 1. You ask whether lithium batteries may be used to operate a scooter \"on the ground\" that\nhave not been tested according to Part III, Sub-section 38.3 of the UN Manual of Tests\nand Criteria.\nAl. The HMR do not govern the personal (non-commercial) use of lithium batteries.\nHowever, batteries that have not been tested in accordance with the UN Manual of Tests\nand Criteria are generally not acceptable for transportation in commerce in the United\nStates. Therefore, it is unlikely that a person will have access to a lithium battery that has\nnot been appropriately tested due to transport restrictions.\nQ2. You state that the requirements in § 175.1 0(a)(l 5)(v)(B) to fully enclose batteries in a\nrigid housing is impracticable for \"scooters\" as the batteries must be available for\nremoval by the user and ask whether these requireµients apply to a wheelchair or other\nmobility aid equipped with a lithium ion battery carried as carry-on baggage.\nA2. The requirements in § 175.1 0(a)(l 5)(v)(B) are for wheelchairs or other battery-powered\nmobility aids equipped with nonspillable batteries. The requirements for wheelchairs or\nother battery-powered mobility aids equipped with lithium ion batteries are prescribed in\n§ 175.1 0(a)(l 7). Section 175.1 0(a)(l 7)(ii)(A-D), (iii) and (iv) prescribe the requirements\nfor a lithium ion battery-powered mobility aid designed with a nonremovable battery and\n\n<<<PAGE 2>>>\n\nQ3. A3. § 175.1 0(a)(l 7)(v)(A-E) prescribe the requirements for a lithium ion battery-powered\nmobility aid specifically designed to allow its battery to be removed ( e.g., collapsible).\nYou ask for an increase in the \"size\" limit for a lithium ion battery that powers a\nwheelchair or other mobility aid that is specifically designed to allow the battery to be\nremoved by the user when carried in checked or carry-on baggage.\nUnder current HMR, lithium ion batteries designed to be removed from mobility aids\nmay not exceed 300 watt-hours (Wh); a maximum of one spare lithium ion battery not\nexceeding 300 Wh or two spares each not exceeding 160 Wh each may be carried in\ncarry-on baggage only (see§ 175.10(a)(l 7)(v)). You may petition PHMSA for\nrulemaking to obtain the requested relief from the § 175.1 0(a)(l 7)(v) requirements. An\napplicant may request PHMSA add, amend, or delete a regulation in the HMR by\nsubmitting a petition for rulemaking (See 49 CPR § 106.95- 106.130). You may obtain\ninformation on the petition for rulemaking application process by contacting PHMSA's\nStandards and Rulemaking Division at (202) 366-8553. For additional information\nregarding the transportation of mobility aids aboard aircraft, please visit the FAA Pack\nSafe Web site (see http://www.faa.gov/Go/PackSafe).\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\n\n<<<PAGE 3>>>\n\n=============~============JOSEPHTSIYONi= ====~========~=-= ===-==\n1415 N. Rose Street Phone: (4 0) 949-0894\nTempe, Arizona 85281 Tsiyoni@Cox.Net\nApril 19, 20'19\nMr. T. Glenn Foster\nChief, Regulatory Review & Reinvention Branch\nStandards & Rulemaking Division. US DOT,\nPipeline & Hazardous Material Saft.~ty Administration\n1200 New Jersey Ave., SE, Washington DC 20590\nRe: Ref No. 18-0156: FOLLOW UP and SUGGESTED CH NGES\nDear Mr. Foster:\nThank you Sir for taking the time to address rr,y concern, which helped to full foliow the laws\nregarding the use or !ithiurn r ✓ atte : · i es in scoc-ter~:; fm handicap.\nSir, two smali issuc:·s, ac;::; rn~= idea me left Viet\", anJ I wcuid aµpic dalc your quick help.\nA. USING A SCOOTER ON THE GROUND I THE United 0 tates with lithium battery\nwhich DID NOT went through U.N. 38.3 certifica te for batteries and/or cells:\nIt is my understanding that such is NOT AL.LOWE , me3ns the use of every scooter must\nbe with a lithium battery that has U.N. 38.8 certificates for both, battery and cells.\nHowever, some don't think so.\n8. I got confused about your last sentence in last par• graph in page one:\n\"The exception in§ 175.10 apply to shipment of hazardous materials by\naircraft only\".\n1. The exception f 175.10 means no limit to battery size while the battery is non-\nspillable batteries and \"Unless fully enclosed in a rigid housing\". (175.10-a-15-V-B).\nHowever, if the battery is removable, it must be taken to the cabin (with proper\nnotice) BUT MUST BE UNDER 300 WH (about 7.8 Ah) .\nSo, Sir, what did you mean by that sentence quoted in \"8\"?\nB 1. The limitation that the battery must be \"fully enclosed in a rigid hous ·ng\" (175.1 O-a-\n15-V-B): IS NOT PRACTICABLE: Only wheelchair have that, but for other scooters, it is\nimpossible for the manufacturer to seal the battery as required, because battery\nmust be available for removal by the user, when he or she needs to change, or\nreplace, or to remove before loading the scooter in a car trunk.\nIN MY OPINION, dot SHOULD change the law to reflect that \"or it must be well\nsecured on the scooter which it cannot be removed without special\ntool used by the user~ and all electric connection ere removed\nand outlets properly c vered\" (so that n one else can remove, or it wont\nbe removed by mistake.\nThat way, it will be much easier for the person vith cfr ... ability to use the scooter without\ncarryiw· it to t~:e cabin.\n\n<<<PAGE 4>>>\n\nPage Two/ Mr. Foster\nFOR ME SIR, IT IS IMPORTANT, and too complicated to carry to the cabin, as\notherwise! can check in the scooter like a luggage!!!\nDOT has taken that from rne, AND I THINK IT IS NOT RIGHT. Every time I want to\ncheck in the scooter, I must remove the battery and carry to the cabin.\nI would like to ask for an exemption for me until and if the law is changed, of course\npending making it secured, and covering outlet , etc. lt is too difficult otherwise.\nC. CHANGE OF LlM iTATl()N OF BATTERY 0. i .A.,RCRAFT frun 300 W H:\nDue to power issue and usin9 l3rger motor, like 350 VV or even, in the future 400W:\nThe limitation of 300 W limits the bc:~ttery to 8 h which is too week and is 900d for short\nrange. At least the law should allow Hie use of battery up to 10 Ah and 36W , i.e.=\n360WH instead ot · nder 300.\nThe last two issues will make a huge dtfferent in life o-f people with disability.\nI would appreciate your direction and also con, ideration of the last two sugge tions. I think\nthe DOT was caught up with the issue of battery to be secured to the ccooter by the\nmanufacturer, which CAN ONLY BE APPLIED 01\\! ELECTRIC WHEELCHAIR, AS THAT IS\nTRADITIONALLY.\nThus, all other scooter with removable battery mak s the life of the person with disability\ndifficult.\nI hope you can initiate changes and I hope I can be updated.\nThank you very much.\n\n<<<PAGE 5>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nApril 10, 2019\nMr. Joseph Tsiyoni\n1415 North Rose Street\nTempe, AZ 85281\nReference No. 18-0156\n- - ~c, .. ~, - - • ·- ~ - -----\n.\nDear Mr. Tsiyoni:\nThis letter is in response to your December 6, 2018, phone conversations and emails requesting\nclarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable\nto United Nations (UN) testing oflithium ion batteries.\nWe have paraphrased and answered your questions as follows:\nQI. You seek confirmation of your understanding that the criteria in Part III, Sub-section 38.3\nof the UN Manual of Tests and Criteria, along ·with the provisions in§§ 173.185 and\n175.10 of the HMR, are applicable to the transport of any lithium battery by any mode of\ntransport.\nA 1. ..\nYour understanding is correct. Shippers of lithium ion batteries or lithium metal batteries\nmust comply with the packaging instructions in § 173 .185 of the HMR, which states in\nparagraph (a) that each lithium cell or battery must be of the type proven to meet the\ncriteria in Part III, Sub-section 38.3 of the UN Manual of Tests and Criteria. Section\n173.185(a) further states that lithium cells and batteries are subject to these tests\nregardless of whether the cells used to construct the battery are of a tested type. Section·\n173.1(a)(2) states that P-attl73 of the HMR includes the requirements to be observed in\npreparing hazardous materials for shipment by air, highway, rail, or water, or any\ncombination thereof. Therefore, the requirements of§ 173 .185-more specifically the .\nrequirement that all batteries be tested to meet the criteria in Part III, Sub-:-section 38.3 of\nthe UN Manual of Tests and Criteria-are applicable to all lithium batteries shipped by\n. any mode of transportation.\nSection 175.10 provides exceptions for passengers, crewmembers, and air operators\ntransporting lithium batteries aboard aircraft as part of a wheelchair or mobility aid.\nThese lithium batteries are excepted from the requirements of the HMR provided they\nmeet the criteria in Part III, Sub-section 38.3 of the UN Manual of Tests and Criteria,\nunless approved by the Associate Administrator of Hazardous Materials Safety (See\n§ 175.IO(a)(l 7)(i)). The exceptions in§ 175.10 apply to shipments of hazardous\nmaterials by aircraft only.\n\n<<<PAGE 6>>>\n\nQ2. You ask whether lithium batteries may be used on the ground if they have not been tested\naccording to Part III, Sub-section 38.3 of the UN Manual of Tests and Criteria\nA2. The HMR do not govern the use of lithium batteries. However, batteries that have not\nbeen tested according to the UN Mru:1.ual of Tests and Criteria are generally not\nacceptable for transport in th, e United States according to the HMR\n.I hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\n.,,\n-A/\"/ ,ZS ::;----~\n-r-y'~~U0--v~.\n-- --:\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rnlemaking Division","truncated":false,"body_characters":10419}