Interpretation Response #12-0044 ([Council on the Safe Transportation of Hazardous Articles, Inc.] [Mr. Tom Ferguson])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Council on the Safe Transportation of Hazardous Articles, Inc.
Individual Name: Mr. Tom Ferguson
Location State: VA Country: US
View the Interpretation Document
Response text:
May 1, 2012
Mr. Tom Ferguson, PG, CHMM, DGSA
Technical Consultant
Council on the Safe Transportation of Hazardous Articles, Inc.
7803 Hill House Court
Fairfax Station, VA 22039
Ref. No. 12-0044
Dear Mr. Ferguson:
This responds to your request for written clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the stowage of a passenger-offered lithium ion battery-powered mobility aid in the cargo compartment of an aircraft. Specifically, you request clarification of the orientation requirements for such an article under § 175.10(a)(17) as amended in a final rule published in the Federal Register on January 19, 2011 (HM-215K; 76 FR 3308). Your questions are paraphrased and answered as follows:
Q1. In the January 19, 2011 final rule, was it PHMSA"s intent to require that passenger-offered lithium ion battery-powered mobility aids be stowed in an upright orientation at all times?
A1. The answer is no. A wheelchair or other mobility aid may be loaded in other than an upright position. However, we stress the importance of stowing the mobility aid in such a manner that it is protected from unintended activation and from damage.
The intent of the amendments to § 175.10(a)(17) in the January 19, 2011 final rule were to specify that a non-spillable battery, such as a lithium ion battery, may be removed from the wheelchair and packed separately, if necessary (e.g., if the battery were not adequately secured to the wheelchair). When a non-spillable battery, such as a lithium ion battery, is securely attached to a wheelchair in a manner that assures it will not become separated under normal conditions of transportation, there is no need for the non-spillable battery, such as a lithium ion battery, to be packed separately as prescribed under the HMR. Consequently, a wheelchair or other mobility aid may be loaded in other than an upright position if its non-spillable battery is securely attached and the other relevant stowage criteria are met.
Q2. For the purposes of § 175.10(a)(17) of the HMR, does PHMSA consider a lithium ion battery "spillable" or "non-spillable"?
A2. For the purposes of § 175.10(a)(17) of the HMR, PHMSA considers a lithium battery to be non-spillable. We intend to address this issue in an upcoming rulemaking and apologize for any inconvenience the lack of clarification may have caused.
I trust this satisfies your inquiry. Please contact us if we can be of any further assistance.
Sincerely,
T. Glenn Foster
Chief, Regulatory Review and Reinvention Branch
Standards and Rulemaking Division
175.10
Regulation Sections
| Section | Subject |
|---|---|
| 175.10 | Exceptions for passengers, crewmembers, and air operators |