PHMSA letter of interpretation

SEGWAY as Battery Powered Equipment

Pipeline and Hazardous Materials Safety Administration · Aug 16, 2005 · Reference No. 05-0076

PHMSA says to use caution with this letter. On August 6th, 2014, PHMSA published Final Rule, HM-224F, which amends the regulations for lithium batteries. The rule harmonizes the HMR with many of the provisions in the UN Model Regulations, ICAO Technical Instructions, and IMDG Code. Additionally, the exceptions for small and medium lithium batteries formerly found in special provisions 188 and 189, have been moved to § 173.185(c). Please refer to the most recent version of § 173.185 for information on shipping lithium batteries. The most current version of the regulations can be found in the eCFR at www.ecfr.gov. Final Rule HM-215L, published January 7, 2013 added special provision 360 to clarify that vehicles powered only by lithium batteries must be assigned identification number UN3071, "Battery powered vehicle."

Interprets: 49 CFR § 173.220

Reggie’s quick take

Someone asked if a SEGWAY with two 36 g lithium ion batteries may ship by ground under § 173.220. Yes, if it meets that section and carries no other hazardous materials. The batteries must be securely fastened, protected from damage and short circuits, and pass each test in the UN Manual of Tests and Criteria (§ 173.185), unless the Associate Administrator approves. By vessel, the IMDG Code does not regulate it, but the HMR apply.

Written by AI (Claude) on Oct 22, 2026. Robots make mistakes and leave things out, so the letter below is what counts. Not legal advice.

This is in response to your letter requesting clarification of shipping requirements under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) and the International Maritime Dangerous Goods Code (IMDG) for the SEGWAY mobility device when it contains two 36 g lithium ion batteries. Your questions are paraphrased and answered as follows:

Q1: May the SEGWAY mobility device and related chassis and power base that contain two 36 g lithium ion batteries be shipped by ground in the United States under an exception in 49 CFR 173.220?

A1: Yes. Section 173.220(g)(1) as amended by HM-224E interim final rule provides that a battery-powered vehicle or equipment that meets the other provisions of § 173.220 and contains no other hazardous materials is "not subject to any other requirements of [HMR] for transportation by motor vehicle or rail car." The batteries must be securely fastened in the battery holder of the vehicle or engine, and be protected in such a manner as to prevent damage and short circuits. Lithium batteries must be of a type that have successfully passed each test in the UN Manual of Tests and Criteria as specified in § 173.185, unless approved by the Associate Administrator. A more limited exception for battery-powered vehicles and equipment applies to transportation by aircraft or vessel, and vehicles and machinery containing primary lithium batteries are forbidden aboard passenger-carrying aircraft except as provided in 49 CFR 172.101 (Special Provision A102).

Q2: Is the SEGWAY mobility device and related chassis and power base that contain two 36 g lithium ion batteries and classified as Battery-powered vehicle, or Battery-powered equipment UN 3171 excepted from the requirements of the IMDG Code, when transported by vessel?

A2: Yes. The option to use Battery-powered vehicle or Battery-powered equipment UN 3171 as a hazardous materials shipping description for your SEGWAY mobility device dose not exist under the IMDG Code. Therefore, Battery-powered vehicle or Battery-powered equipment UN 3171 is not regulated under the IMDG Code. In addition, Special provision 106 of the United Nations Recommendations on the Transport of Dangerous Goods, states that UN 3171 is subject to the regulations only when transported by air. However, in accordance with 49 CFR 171.12(b)(3), a material that is designated as a hazardous material under the HMR, but is not subject to the requirements of the IMDG Code may not be transported in accordance with the IMDG Code and is subject to the requirements of the HMR.

A letter of interpretation applies the regulations to the facts the requester described. It isn’t a regulation and isn’t legal advice. The agency’s copy.