Interpretation Response #16-0124

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

Interpretation Response Details

Response Publish Date: 03/06/2018

Company Name: Bluesmart, Inc

Individual Name: Mr. Brian Chen

Location State: CA Country: US

View the Interpretation Document

Response text:

March 6, 2018

Mr. Brian Chen
VP of Operations
Bluesmart, Inc.
729 Minna Street
San Francisco, CA 94103

Reference No. 16-0124

Dear Mr. Chen:

This letter is in response to your July 15, 2016, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR parts 171-180) applicable to a suitcase containing a lithium ion battery when carried aboard aircraft.

You state that your company manufactures and sells a suitcase that uses a non-removable lithium ion battery with a 39.52 Wh rating. You further explain that the battery powers the main functions of your suitcase, which include: a Bluetooth enabled lock; a built-in digital scale; a GPS location tracker; and USB ports to allow users to charge their portable electronic devices. Specifically, you seek confirmation of your understanding that this suitcase is authorized to be carried by passengers or crew if conforming to the portable electronic device provisions for passengers and crew aboard aircraft in § 175.10(a)(18) and electronic transmission requirements in 14 CFR part 91, § 91.21.

Your understanding of the requirement in § 175.10(a)(18) is correct. According to the information in your email and the supplemental attachments provided, the suitcase meets the criteria for a portable electronic device prescribed in § 175.10(a)(18). When carried by passengers or crew members for personal use, such suitcases that conform to the applicable provisions for portable electronic devices may be carried in either checked or carry-on baggage.

You should be aware that an FAA Information for Operators (InFO) 17008: The Transportation Portable Electronic Devices (PED) in Checked Baggage has been published on this issue and can be found on FAA's website at www.faa.gov. The InFO advises that devices containing lithium batteries should be transported in carry-on baggage and not placed in checked baggage. When that is not possible, the devices should be completely powered down to the OFF position, protected from accidental activation, and packed so they are protected from damage.

It is also important to note that the International Civil Aviation Organization (ICAO) during the twenty-sixth meeting of the Dangerous Goods Panel in Montreal, Canada on October 16 thru 27, 2017 adopted a new requirement that will require luggage equipped with a lithium battery to be carried as carry-on baggage, unless the battery is removed from the luggage. This new requirement will become effective in the January 2019 Edition of the ICAO Technical Instructions. This implementation will be applicable for all international transportation and on any air carriers that implement the ICAO or IATA requirements as policy. You should always verify the air carrier policies prior to transportation.

In addition to the HMR requirements, all applicable FAA requirements must be complied with, including those in 14 CFR, § 91.21 that address operation of portable electronic devices aboard aircraft. Information and guidance to assist with compliance of this requirement can be found in Advisory Circular (AC) 91.21-1C, titled "Use of Portable Electronic Devices Aboard Aircraft." For additional information regarding the FAA requirements or if you seek an interpretation on whether your particular device meets electronic transmission requirements contained in 14 CFR § 91.21 you may contact the FAA at the following address:

Federal Aviation Administration
Office of the Chief Counsel
Regulations Division
800 Independence Avenue SW
Washington, DC 20591

In addition to the transportation safety requirements pertaining to this device, there may be additional security requirements issued by the Transportation Security Administration.

I hope this information is helpful.  Please contact us if we can be of further assistance.

Sincerely,

Duane A. Pfund
International Program Coordinator
Standards and Rulemaking Division

Regulation Sections