Interpretation Response #10-0267 ([Dive Xtras, Inc.] [Mr. Ben McGeever])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Dive Xtras, Inc.
Individual Name: Mr. Ben McGeever
Location State: WA Country: US
View the Interpretation Document
Response text:
March 28, 2011
Mr. Ben McGeever
Dive Xtras, Inc.
4433 Russell Rd., Ste 106
Mukilteo,WA 98275
Ref. No. 10-0267
Dear Mr. McGeever:
This responds to your December 20, 2010 email regarding exceptions for passengers, crewmembers, and air operators under § 175.10 of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). According to your letter, your company produces an LED diving light (diving lamp) designed and constructed to not produce significant heat. The diving lamp does not allow access to internal components of the article to remove the light bulb or the energy source (a lithium-ion battery). Additionally, you indicate extensive testing to demonstrate your product is not a source of a significant amount of heat. You are concerned that § 175.10(a)(14) implies all diving lamps are heat-producing which presents problems for customers who want to carry your product aboard a passenger aircraft because the design does not allow removal of the light bulb or the battery. You request clarification of what defines a heat-producing article as well as the applicability of § 175.10(a)(14) if the diving lamp is not a heat-producing article.
A passenger, in collaboration with available resources including product manufacturers, is responsible for ensuring that a hazardous article carried aboard a passenger aircraft is in compliance with § 175.10. This Office does not certify articles for conformance with
§ 175.10. Section 175.10(a)(14) specifically applies to the carriage of heat-producing articles that are electrically-powered (e.g., battery-powered articles). The example of diving lamps as a heat-producing article provided in the regulatory text does not infer that all diving lamps are heat-producing. If the results of testing on your diving lamp are accurate and the design and construction of the diving lamp are such that, if unintentionally activated during transport, it would not generate an amount of heat sufficient to be a source of ignition, then the article may be considered as not being a heat-producing article and would not be subject to the conditions and limitations of
§ 175.10(a)(14). Note, however, that a battery-powered article not considered to be heat-producing is still subject to § 175.10(a)(18) related to portable electronic devices, including the size limitations for lithium batteries.
I hope this information is helpful. If you have further questions, please contact this office.
Sincerely,
Ben Supko
Acting Chief, Standards Development
Standards and Rulemaking Division
175.10
Regulation Sections
| Section | Subject |
|---|---|
| 175.10 | Exceptions for passengers, crewmembers, and air operators |