This letter is in response to your January 19, 2017, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the carriage of non-spillable batteries used to power portable electronic devices on passenger-carrying aircraft.  Specifically, you reference a letter of interpretation previously issued by this Office under Reference No. 11-0113, and ask whether answer “A4,” which stated in part that a non-spillable battery is not permitted in a passenger’s carry-on baggage, should be revised based on recent regulatory amendments to § 175.10(a)(18)(iii).

The answer is yes; the previous answer “A4” in Reference No. 11-0113 is no longer valid.  A non-spillable battery is permitted in a passenger’s carry-on baggage, provided the non-spillable battery meets the requirements prescribed in § 175.10(a)(18)(iii).  Please note the exceptions provided in § 175.10(a)(18)(iii) for non-spillable batteries apply to portable electronic devices only—such as watches, cameras, camcorders, and medical devices—and not to a mobility aid—such as a wheelchair.  Further, the battery and equipment must conform to § 173.159a(d).  Each battery must not exceed a voltage greater than 12 volts and a watt-hour (Wh) rating of not more than 100 Wh.  No more than two individually protected spare batteries may be carried.  Such equipment and spare batteries may be carried in checked baggage or carry-on baggage.

I hope this information is helpful.  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(a)(18), 173.159a(d), 175.10(a)(18)(iii)