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Interpretation Response #14-0029 ([Republic Airways Holdings] [Mr. John E. Martiney])

Below is the interpretation response detail and a list of regulations sections applicable to this response.

Interpretation Response Details

Response Publish Date:

Company Name: Republic Airways Holdings

Individual Name: Mr. John E. Martiney

Location State: IN Country: US

View the Interpretation Document

Response text:

April 17, 2014

Mr. John E. Martiney
Director, Hazmat & Environmental Compliance
Republic Airways Holdings
8909 Purdue Road, Suite 300
Indianapolis, Indiana 46268

Ref. No.: 14-0029

Dear Mr. Martiney:

This is in response to your February 14, 2014 letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to lithium battery powered electronic devices used by an air carrier.  Specifically you ask if lithium battery powered electronic devices used by members of the flight crew during flight are excepted from the HMR when transported in conformance with § 175.8(b)(3).

The HMR do not apply to portable electronic devices containing lithium cells or batteries carried aboard a passenger-carrying aircraft by the operator for use or sale on that aircraft when conforming to the requirements in § 175.8(b)(3).  Among those requirements, the lithium cells and batteries contained in electronic devices must meet the specific requirements of § 175.10(a)(18).  In this context, lithium cells and batteries contained in the electronic devices must conform to the appropriate size and quantity limits specified in
§ 175.10(a)(18).  

Additionally, you should be aware that an FAA Information for Operators (InFO) 09014: Portable Electronic Devices (Credit Card Readers) has been published on this issue and can be found on FAA’s website at  The InFO is intended to ensure operators incorporate their use of portable electronic devices into their Hazmat-related training and manuals as appropriate.  As noted in the InFO, you are encouraged to contact your Principal Operations Inspector and/or nearest Hazardous Materials Division Manager for additional information on compliance under Federal Aviation Regulations.

I hope this information is helpful.  If you have further questions, please do not hesitate to contact this office.


Duane Pfund
International Standards Coordinator
Standards and Rulemaking Division

175.8, 175.10

Regulation Sections

Section Subject
175.10 Exceptions for passengers, crewmembers, and air operators
175.8 Exceptions for operator equipment and items of replacement