Interpretation Response #17-0081

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

Interpretation Response Details

Response Publish Date: 08/02/2018

Company Name: COSTHA

Individual Name: Ms. L’Gena Shaffer

Location State: NY Country: US

View the Interpretation Document

Response text:

August 02, 2018

Ms. L'Gena Shaffer
Technical Consultant
COSTHA
10 Hunter Brook Lane
Queensbury, NY  12804

Reference No. 17-0081

Dear Ms. Shaffer:

This letter is in response to your August 4, 2017, letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171–180) applicable to luggage, containing lithium batteries, for carriage aboard passenger aircraft.

We have paraphrased and answered your questions as follows:

Q1. You ask if a lithium ion or metal battery, contained in luggage, that provides power to another device must be treated as a spare battery in accordance with § 175.10(a)(18)(iv). You note that the purpose of the lithium ion or metal battery is to provide power to another device via a USB port, and it does not provide power to the luggage.

A1. The answer is yes. If the battery's sole purpose is to provide power to another device, it must be treated as a spare battery in accordance with § 175.10(a)(18)(iv). Spare lithium ion batteries are not permitted to be carried in checked baggage and, therefore must be carried into the cabin of the aircraft with the passenger.

Q2. You ask if the requirement for each spare battery to be "individually protected so as to prevent short circuits (e.g., by placement in original retail packaging, by otherwise insulating terminals by taping over exposed terminals, or placing each battery in a separate plastic bag or protective pouch)" is met when the spare battery (as described in Q1) is installed in the luggage.

A2. The answer is yes, with the presumption that the design of the luggage protects the spare battery against short circuiting when installed in the luggage. Please note that the spare lithium batteries must meet all additional requirements for carriage of lithium batteries on passenger aircraft in § 175.10(a)(18).

Q3. You ask if the battery in Q1 must be removed.

A3. The answer is no. However, if the battery is removed, it must be protected from short circuiting and overcharging in accordance with § 175.10(a)(18), along with additional requirements for carriage of lithium batteries on passenger aircraft.

Q4. In the event the battery in Q1 is not capable of being removed from the luggage and the luggage does not fit in the Federal Aviation Administration (FAA)-approved overhead bin, you ask if the luggage can be checked.

A4. The answer is no. In accordance with § 175.10(a)(18), a spare battery may only be transported in carry-on baggage. If the luggage is not capable of being stowed as carry on baggage and the battery cannot be removed, it is not authorized for air transportation under § 175.10 exceptions.

Q5. You ask if a lithium ion or metal battery contained in luggage that provides power to another device, but also provides power to devices that perform additional functions such as power locking, GPS tracking, or propulsion, is considered a portable electronic device as described in § 175.10(a)(18).

A5. The answer is yes. It is the opinion of this Office that a lithium ion or metal battery contained in luggage to power features such as locking, GPS tracking, or propulsion, in addition to providing power to another device, is considered a portable electronic device. Aircraft passengers or crew members may carry portable electronic devices powered by lithium batteries in either checked or carry-on baggage in accordance with § 175.10(a)(18).

You should be aware that FAA Information for Operators (InFO) 17008: "The Transportation Portable Electronic Devices (PED) in Checked Baggage" has been published regarding 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 26th 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 2019–2020 Edition of the ICAO Technical Instructions for the Safe Transport of Dangerous Goods by Air. This implementation will be applicable for all international transportation and on any air carriers that implement the ICAO or International Air Transportation Association (IATA) requirements as policy. You should always verify the air carrier policies prior to transportation.

In addition to the HMR requirements, you must comply with all applicable FAA requirements, 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.

Q6. You ask how air carrier employees determine if luggage contains a lithium battery, the size and characteristics of the battery, and its carrying requirements.

A6. It is the responsibility of the passenger and air operator to comply with all applicable conditions for passenger and crew exceptions in § 175.10.

Q7. You ask if a lithium ion battery contained in a baby stroller that provides power to another device, but also performs additional features such as powering pathway lights and taillights, self-charging rear wheel generators, and an LCD dashboard to track distance, speed, calorie burn, temperature, time and battery level, is considered a portable electronic device as described in § 175.10(a)(18).

A7. See A5.

Q8. You ask if luggage that is designed for passengers to ride (such as the Modobag) and powered by a lithium battery meets the definition of a mobility aid.

A8. Exceptions for passengers using "a wheelchair or other mobility aid equipped with a lithium ion battery" are provided in § 175.10(a)(17). While "mobility aid" is not defined

in the HMR, this wording is intended to mean that the mobility aid is related to an assistive need. Therefore, unless the passenger offering the luggage that is designed for passenger to ride has a mobility-related disability that is aided by the use of the device, it is the opinion of this Office that it would not meet the intent of an assistive device under Part 382 or the mobility aid exceptions for passengers in § 175.10(a)(17), and should be treated as a portable electronic device (see A5).

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

Sincerely,

Dirk Der Kinderen
Chief, Standards Development Branch
Standards and Rulemaking Division

175.10(a)(18)(iv), 175.10(a)(18), 175.10,

Regulation Sections