{"operation":"document","citation":"20-0032","title":"Andres A. Burgos — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2020-05-06","effective_on":null,"summary":"20-0032 concerning 173.185, 175.10.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-20-0032.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-20-0032.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-20-0032","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/73881/200032.pdf","body":"<<>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nMay 6, 2020\nAndres A. Burgos\n11221 Cyprus Leave Drive\nOrlando, FL 32825\nReference No. 20-0032\nDear Mr. Burgos:\nThis letter is in response to your April 13, 2020, email and subsequent phone conversations with\na member of my staff requesting clarification of the Hazardous Materials Regulations (HMR; 49\nCFR Parts 171-180) applicable to a mobility aid equipped with a lithium ion battery and\ntransported by air. Specifically, you state that you travel with an electric scooter used as a\nmobility aid which is powered by a non-removable lithium ion battery that is securely attached to\nthe scooter. You further state the battery housing provides protection from damage and the\nbattery terminals are protected from short circuit. You seek clarification on whether you are in\ncompliance with § 175.10(a)(17) of the HMR if you travel by aircraft with a mobility aid that has\nthe lithium ion battery installed.\nSection 175.10(a)(17) states that the requirements of the HMR do not apply to a wheelchair or\nother mobility aid equipped with a lithium ion battery when carried as checked baggage,\nprovided certain provisions are met. Specifically, the lithium ion battery must be of a type that\nhas successfully passed each test in the United Nations (UN) Manual of Tests and Criteria, as\nspecified in § 173.185, unless approved by the Associate Administrator. The operator must\nverify that visual inspection of the wheelchair or other mobility aid reveals no obvious defects;\nbattery terminals are protected from short circuits (e.g., enclosed within a battery housing); the\nbattery must be securely attached to the mobility aid; and electrical circuits are isolated.\nAdditionally, the wheelchair or other mobility aid must be loaded and stowed in such a manner\nas to prevent its unintentional activation and its battery must be protected from short circuiting;\nand the wheelchair or other mobility aid must be protected from damage by the movement of\nbaggage, mail, service items, or other cargo.\n\n<<>>\n\nProvided both the mobility aid and the lithium ion battery contained therein meet the\nrequirements specified in § 175.10(a)(17)(i) - (vi), the mobility aid you describe would not be\nsubject to the requirements of the HMR when carried as checked baggage on an aircraft.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<>>\n\nFrom: INFOCNTR (PHMSA)\nTo: Hazmat Interps\nSubject: FW: Request for official interpretation of the regulation 49 CFR 175.10(a)(17)\nDate: Tuesday, April 14, 2020 11:42:48 AM\nAttachments: image001.png\nimage002.png\nimage003.png\nDear Alice and Ikeya,\nBelow is a request for letter of interpretation. See Email from Thursday, April 9 for request.\nThanks,\nJonathon, HMIC\nFrom: Andres Burgos \nSent: Tuesday, April 14, 2020 10:26 AM\nTo: INFOCNTR (PHMSA) \nSubject: Re: Request for official interpretation of the regulation 49 CFR 175.10(a)(17)\nThank you yet again for a quick response.\nMy physical/mailing address is as follows:\nAndres A Burgos, SGT/USMC(VET)\n11221 CYPRESS LEAF DR\nORLANDO, FL 32825\nFrom: INFOCNTR (PHMSA) \nSent: Tuesday, April 14, 2020 10:23 AM\nTo: Andres Burgos \nSubject: RE: Request for official interpretation of the regulation 49 CFR 175.10(a)(17)\nDear Andres,\nWe have received your request for a written letter of interpretation regarding the hazardous materials\nregulations (49 CFR Parts 171-180). The hazardous materials regulations are available at the following\nURL:\nhttps://www.phmsa.dot.gov/phmsa-regulations\nHowever, before we can submit your request for processing, please respond to this email with:\nPhysical Mailing Address\nSincerely,\nJonathon, Hazardous Materials Specialist\n\n<<>>\n\nAn e-mail response from this office is considered informal guidance. Formal guidance may be requested\nin accordance with 49 CFR 105.20. https://www.phmsa.dot.gov/standards-rulemaking/hazmat/hazardous-\nmaterials-information-center\nFrom: Andres Burgos \nSent: Monday, April 13, 2020 1:12 PM\nTo: INFOCNTR (PHMSA) \nSubject: Re: Request for official interpretation of the regulation 49 CFR 175.10(a)(17)\nHello Jonathan,\nFirst, I want to thank you for the timely response and for providing the reference material. While the letter\nprovided is related to my initial inquiry, and does help to address concerns related to battery size, the\nletter does not directly serve my purpose as an official interpretation on the regulations related to simply\ntraveling with \"Wheelchairs and mobility devices with lithium ion batteries, normal design, battery\ninstalled\". It was my hope that I'd be able to obtain a letter similar to the one Mr. Tsiyoni received in May\n2016, specifically concerning whether one should be allowed to travel with a mobility aid such as an\nelectric scooter with the battery installed; contingent on that it is \"securely attached to the mobility\ndevice, the battery housing provides protection from damage, and the terminals are protected from short\ncircuit. The battery cables may remain connected only if the device is protected from accidental\nactivation.\"\nGranted, the letter provided does \"allude\" to a confirmation of the aforementioned. However, I am\nconcerned that if I were to approach the \"dangerous goods specialist\" for each airline and provide a copy\nof this letter as evidence in order to obtain approval for travel on their airline, they would try to enforce\nthe policy that the battery \"MUST\" be removable.\nWarm Regards,\nAndres Burgos\nFrom: INFOCNTR (PHMSA) \nSent: Monday, April 13, 2020 11:49 AM\nTo: Andres Burgos \nSubject: RE: Request for official interpretation of the regulation 49 CFR 175.10(a)(17)\nDear Andres,\nWe have received your inquiry about the hazardous materials regulations (HMR) (49 CFR Parts 171-180). Please\nnote that this response from the Hazardous Materials Information Center and its regulatory specialists is\nconsidered informal.\nThe HMR prescribes the requirements of the Department of Transportation governing the offering and\ntransportation of hazardous materials in interstate, intrastate, and foreign commerce by rail car, aircraft, motor\nvehicle, and vessel. The hazardous materials regulations are available at the following URL:\nhttps://www.phmsa.dot.gov/phmsa-regulations\n\n<<>>\n\nI suggest you review the following attached [Letter of Interpretation].\nIf you require further assistance, you may contact the Hazardous Materials Information Center by phone\nresuming Monday January 23, 2017 at 9:00 AM EST.\nThe HMIC is staffed with regulatory specialists who can quickly answer your questions by phone, Monday\nthrough Friday, 9 AM - 5 PM EST at 1(800) 467-4922 or +1 (202) 366-4488.\nSincerely,\nJonathon, Hazardous Materials Specialist\nAn e-mail response from this office is considered informal guidance. Formal guidance may be requested\nin accordance with 49 CFR 105.20. https://www.phmsa.dot.gov/standards-rulemaking/hazmat/hazardous-\nmaterials-information-center\nFrom: Andres Burgos \nSent: Thursday, April 09, 2020 8:59 AM\nTo: INFOCNTR (PHMSA) \nSubject: Request for official interpretation of the regulation 49 CFR 175.10(a)(17)\nGood Morning,\nAs you can see from the email thread included below, and per a recommendation from the FAA Office of\nHazardous Materials Safety, I would like to request an official interpretation on the regulations related\nto traveling with \"Wheelchairs and mobility devices with lithium ion batteries, normal design, battery\ninstalled\".\nI am a US Marine Corps Veteran with a right leg above-knee amputation. I am able to walk with a\nprosthetic leg. However, in situations where I know I may have to walk longer than normal distances, I\nutilize a electric scooter as a mobility aid device. This type of electric scooter is small, collapsible (Folded\ndimensions 37\"L x 7\"W x 10\"H), and is powered by a non-removable Ternary Lithium Battery 48V 13AH\n(See information on the EMOVE Touring electric scooter HERE).\nThis type of device is classified by the DOJ under the Americans with Disabilities Act (ADA) as an \"other\npower-driven mobility device\" (OPDMD); defined as \"any mobility device powered by batteries, fuel, or\nother engines… that is used by individuals with mobility disabilities for the purpose of locomotion,\nincluding golf cars, electronic personal assistance mobility devices… or any mobility device designed to\noperate in areas without defined pedestrian routes, but that is not a wheelchair\". Per the ADA, when an\nOPDMD is being used by a person with a mobility disability, different rules apply under the ADA than when\nit is being used by a person without a disability\nAccording to the FAA website, Regulation 49 CFR 175.10(a)(17), and the confirmation received in the\nemail thread below, I should be able to travel while the battery remains installed as long as it is \"securely\nattached to the mobility device, the battery housing provides protection from damage, and the terminals\nare protected from short circuit. The battery cables may remain connected only if the device is protected\nfrom accidental activation.\"\nHowever, when I checked with Delta Airlines they said that I could not travel with such a device unless the\n\n<<>>\n\nbattery was removable. They also indicated that this policy was universal amongst all airlines and that if\nthe battery was not removable I would not be able to travel with the device. Unfortunately, there is only\nONE of these devices that has a removable battery, and I exceed the max load weight capacity for that\ndevice. In fact, when one reviews the attached \"Hazardous Materials Carried by Airline Passengers\nand Crew Members (49 CFR §175.10 Illustrated)\" which was prepared and distributed by the FAA Office of\nHazardous Materials Safety, one can understand the confusion; as this document doesn't even make\nreference to devices which the battery cannot be removed.\nThe FAA Office of Hazardous Materials Safety has provided all the assistance they could offer, and I'm\nhoping The U.S. DOT Pipeline and Hazardous Materials Safety Administration might be able to provide\nfurther assistance.\nPlease do not hesitate to contact me if you require any further information on the device or my disability,\nif such information would help your office provide an official interpretation on the regulations related to\ntraveling with \"Wheelchairs and mobility devices with lithium ion batteries, normal design, battery\ninstalled\".\nKind Regards,\nFrom: 9-AWA-ASH-ADG-HazMatInfo (FAA) \nSent: Thursday, April 9, 2020 7:49 AM\nTo: Andres Burgos \nSubject: Re: Message from www.faa.gov: hazmatinfo@faa.gov\nThere is one more thing that you may be able to do. The \"owner\" of the hazmat regs is an organization\ncalled the Pipeline and Hazardous Materials Safety Administration. They're a US Department of\nTransportation operating administration that writes, and makes official interpretations of the regs. You\ncould request an official interpretation of the regulations from them. Hit up the Info Center\n(https://www.phmsa.dot.gov/standards-rulemaking/hazmat/hazardous-materials-information-center) and\nsee if they can provide some more in depth assistance with this.\nAs always, let me know if there is anything else we can answer!\nIf you require more information or clarification of this response, please feel free to reply to this message.\nRegards,\nBill Strupczewski\nFAA Office of Hazardous Materials Safety\nhttp://www.faa.gov/go/PackSafe\n\n<<>>\n\nFrom: Andres Burgos \nSent: Wednesday, April 8, 2020 8:56 AM\nTo: 9-AWA-ASH-ADG-HazMatInfo (FAA) \nSubject: Re: Message from www.faa.gov: hazmatinfo@faa.gov\nGood Morning Bill,\nThank you VERY much for the follow-up.\nMy contact with Delta Airlines was able to confirm what you suspected. While FAA guidelines does, in my\nunique case, allow me to travel with a device that does not have a removable battery contingent on it\nmeeting certain requirements, the airline chooses to enforce a stricter policy. My friend also asked his\nsupervisor about other airlines, and they were under the presumption that the stricter policy is universal\namigns all airlines.\nI still plan to compose a detailed email - with references to the specs of the device as well as the\napplicable FAA regulation - and attempt to approach the “dangerous goods specialist” for each airline. It is\nmy hope that I am able to obtain corporate authorization from each airline to travel with the device. As a\nfinal option, I will take a trip to the airport with the device and ride it from airline counter to airline\ncounter and try to speak with anyone who may be able to aid me in my endeavor.\nHowever, as back up plan, I have purchased two of the devices; one of which does have a removable\nbattery. Unfortunately, the device with the removable battery (which is the ONLY option currently\navailable anywhere) has a max load weight of 230 lbs, which I exceed by about 20-30 lbs. It will obviously\nnot suit my needs on a regular basis, but if necessary I will use this device for travel purposes.\nWhile my efforts are inspired by self-interests, I also hope that my efforts may be of assistance to other\ndisabled veterans with similar mobility constraints. Many people are under the impression that if someone\nhas an issue walking, the answer is just to put them in a wheelchair and maybe even have an able-bodied\nairport employee push them around the airport. What many people don't realize is that for many of us it\ncan feel very embarrassing to have someone push us around like if we are some sort of invalid who can't\ntake care of themselves. Even in a wheelchair that we push ourselves on, we are not able to move as\nquickly as we used to, and the movement requires a significantly greater amount of effort. I personally am\na 38 year old, stocky/athletic build, Marine Corps Veteran that prefer to not rely on others to get me from\npoint A to point B. I simply would like to be able to use mobility aid devices which allow me to travel while\nalso holding onto my independence and self-respect.\nThanks again for the follow-up. I will be receiving my EMOVE Touring and LEVY electric scooter this\nThursday. Once I actually receive them, I will continue my efforts obtain approval from airlines for the\nEMOVE Touring; which is the device with the max load weight that can better handle my weight.\nI will definitely not hesitate to reach back out to you if I need any additional information or clarification.\nWarm Regards,\n\n<<>>\n\nFrom: 9-AWA-ASH-ADG-HazMatInfo (FAA) \nSent: Tuesday, April 7, 2020 6:15 PM\nTo: Andres Burgos \nCc: Strupczewski, William (FAA) \nSubject: Re: Message from www.faa.gov: hazmatinfo@faa.gov\nHello.\nI just wanted to follow up and see if you were able to get a workable solution to your question with your\nairline.\nHope you and yours are well and please let me know if there are any other questions that you may have.\nIf you require more information or clarification of this response, please feel free to reply to this message.\nRegards,\nBill Strupczewski\nFAA Office of Hazardous Materials Safety\nhttp://www.faa.gov/go/PackSafe\n215-872-6226\nFrom: Andres Burgos \nSent: Wednesday, April 1, 2020 5:16 PM\nTo: 9-AWA-ASH-ADG-HazMatInfo (FAA) \nSubject: RE: Message from www.faa.gov: hazmatinfo@faa.gov\nThis is GREAT Information. Thank you!\nI won’t be carrying any spare batteries, since they are not removable or even accessible on this particular device.\nSent from Mail for Windows 10\nFrom: 9-AWA-ASH-ADG-HazMatInfo (FAA)\nSent: Wednesday, April 1, 2020 5:13 PM\nTo: Andres Burgos\nSubject: Re: Message from www.faa.gov: hazmatinfo@faa.gov\nUnfortunately, there is no \"pass\" or document that would be available from us. Your \"permission\" would\ncome from the carriers in this case. I think I was on that ATL flight...\nLuckily, you're citing the correct regulation. The regs do not explicitly define what would be considered a\n\n<<>>\n\n\"mobility aid\" outside of the \"socially acceptable\" definition. 175.10 a (17) is the governing regulation in\nthis instance. Another arrow in the quiver, so to speak, would be to mention this document\n(https://www.iata.org/contentassets/6fea26dd84d24b26a7a1fd5788561d6e/mobility-aid-guidance-\ndocument-2019-en.pdf), especially if the carrier is using the international rules on a domestic flight, which\nis permitted. In particular, the line on page 4 that says \"If the battery is not removed, there is no limit to\nthe Wh rating for the installed battery(ies)\".\nIf checking is not an issue, then you may be able to prearrange with the carrier to \"gate check\" your\ndevice. This will allow you to use it in the airport, and up to boarding if necessary.\nWill you be carrying any spare batteries? They have a hard ceiling of 300Wh and must be approved by the\nairline before you bring them on board.\nIf you require more information or clarification of this response, please feel free to reply to this message.\nRegards,\nBill Strupczewski\nFAA Office of Hazardous Materials Safety\nhttp://www.faa.gov/go/PackSafe\n215-872-6226\nFrom: Andres Burgos \nSent: Wednesday, April 1, 2020 4:52 PM\nTo: 9-AWA-ASH-ADG-HazMatInfo (FAA) \nSubject: RE: Message from www.faa.gov: hazmatinfo@faa.gov\nAll of my flights are domestic. I haven’t felt the need or desire to travel internationally since I was in the service.\nDelta and Southwest Airlines are the two I travel with the most, but have had some connections through\nAmerican Airlines, Spirit, Frontier as well.\nIn the past when I used to be wheelchair bound, I would gate check the wheelchair. I have no issues gate\nchecking the device; in fact, I’d expect the need to and it would be most convenient for me to do so. However, it\nwould be an issue if I had to check it at the counter.\nOne of the biggest need I have is to be able to use the device within the airports and at connections. There’s no\nworse feeling than having a flight land behind schedule at Gate A in ATL and having only 30 min to get my one-\nlegged butt all the way over to Gate G! It’s happened twice already, which is what inspired me to begin this\nresearch and purchase of the electric scooter.\nI will definitely reach out to the “dangerous goods specialist” for each airline. I was, however, hoping I could\nobtain some sort of document or communication confirming that the Segway Ninebot Kickscooter MAX electric\nscooter, if used as a mobility device by one with a clear and obvious disability, would be covered under regulation\n49 CFR 175.10(a)(17) and allowed by the FAA for travel with the battery & cables permanently attached as long\nas it is securely attached to the mobility device, the battery housing provides protection from damage, the\nterminals are protected from short circuit, and the device is protected from accidental activation.\nNote: The Segway Ninebot Kickscooter MAX also comes equipped with a Smart Battery Management System\nwhich closely monitors the battery status with multiple protection mechanisms such as short circuit protection,\ntwo-way charging and discharging protection, overcurrent protection, and temperature protection, to ensure the\n\n<<>>\n\nbattery safety and to extend its service life.\nSent from Mail for Windows 10\nFrom: 9-AWA-ASH-ADG-HazMatInfo (FAA)\nSent: Wednesday, April 1, 2020 4:26 PM\nTo: aaburgos_usmc@msn.com\nSubject: Re: Message from www.faa.gov: hazmatinfo@faa.gov\nWelcome home, Marine.\nYou may be correct, but it depends on a couple of factors:\n1. Is this a domestic or international flight? There are some variances in the rules so I want to make\nsure I give you the most correct info.\n2. What airline are you using? While it is correct that the rules may say this device is permitted, some\ncarriers have rules that are more restrictive.\nThe only thing that I can see that might be an issue is that it has to go in checked baggage.\nYou might want to contact your airline and ask to speak with a \"dangerous goods specialist\". They have\nmore in depth knowledge of the subject specific to your airline.\nIf you require more information or clarification of this response, please feel free to reply to this message.\nRegards,\nFAA Office of Hazardous Materials Safety\nhttp://www.faa.gov/go/PackSafe\n215-872-6226\nFrom: aaburgos_usmc@msn.com \nSent: Wednesday, April 1, 2020 3:20 PM\nTo: 9-AWA-ASH-ADG-HazMatInfo (FAA) \nSubject: Message from www.faa.gov: hazmatinfo@faa.gov\nThis email was sent through the Federal Aviation Administration's public website. You have been contacted via an\nemail link on the following page: www.faa.gov/hazmat/contact/\nMessage:\n----------------------\nI'm a US Marine Corps Veteran with a right leg above-knee amputation disability. I utilize a Segway Ninebot\nKickscooter MAX electric scooter as a mobility device to aid in traveling longer distances at a walking speed. This\ndevice utilizes 551Wh big capacity lithium batteries and uses a Smart Battery Management System with multiple\nprotection mechanisms such as short circuit protection, overcurrent protection, and temperature protection. The\nbattery, however, is not removable. According to your website, it sounds as though I am able to travel this device\nand that the battery may remain installed. The battery is securely attached to the electric scooter mobility device,\nthe battery housing provides protection from damage (to include a water resistant rating of IPX5), and the\nterminals are protected from short circuit. In addition, while collapsed for carrying, the device is protected from\naccidental activation. It there any way to confirm that I can in fact travel with a Segway Ninebot Kickscooter MAX\nas a mobility device?\n\n<<>>","truncated":false,"body_characters":22269}