Interpretation Response #10-0236 ([Mr. Peter Lowe])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name:
Individual Name: Mr. Peter Lowe
Location State: AZ Country: US
View the Interpretation Document
Response text:
May 1, 2012
Mr. Peter Lowe
44785 W. Miraflores St.
Maricopa, AZ 85139-8750
Ref. No. 10-0236
Dear Mr. Lowe:
This responds to your letter regarding the transportation of a passenger-provided lithium ion battery-powered mobility aid under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask whether a lithium ion battery designed for rapid removal from a mobility aid (e.g., travel scooter) may be brought onboard an aircraft in a passenger"s carry-on baggage and securely stowed in the cabin while the mobility aid sans battery is gate-checked. You state in your letter the lithium ion battery has a watt-hour rating of 280 Wh (24 grams equivalent lithium content). You also state that such batteries are below the maximum watt-hour rating allowed in § 175.10(a)(18) for spare lithium ion batteries used to power portable electronic devices. Additionally, you correctly point out that such passenger-provided spare lithium ion batteries are allowed in carry-on baggage only.
In a final rule published on January 19, 2011 (76 FR 3308; HM-215K), § 175.10(a)(17) of the HMR was revised to authorize lithium ion battery-powered mobility aids (e.g., wheelchair) with provisions similar to the current authorizations for spillable and non-spillable battery-powered mobility aids authorized in § 175.10(a)(15) and (a)(16). Further, the authorization was intended to mirror the provisions in Part 8 of the International Civil Aviation Organization"s (ICAO) Technical Instructions that allow carriage of a passenger-provided mobility aid powered by a lithium ion battery. In the January 19, 2011 final rule, we inadvertently required the lithium ion battery to be removed from the mobility aid. This action is inconsistent with provisions under the Air Carrier Access Act of 1986 (ACAA), as amended, and are codified at 14 CFR Part 382.
In a final rule published on July 20, 2011 (76 FR 43510; HM-218F), the requirement to detach a lithium ion battery from a mobility aid was removed from § 175.10(a)(17) of the HMR effective August 19, 2011. This action is consistent with similar provisions in the HMR for other battery types used to power mobility aids and fulfills the intent of the ACAA. Please note that the ICAO"s Dangerous Goods Panel recently adopted provisions to allow the removal of a lithium ion battery used to power a mobility aid, if designed accordingly, and to permit the passenger to bring it aboard in carry-on baggage under certain conditions. We will consider this provision in a future rulemaking action.
I trust this satisfies your concerns. Please contact us if we can be of 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 |