Interpretation Response #18-0072

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

Interpretation Response Details

Response Publish Date: 09/20/2018

Company Name: Steinbrecher & Span LLP

Individual Name: Sophy Chen

Location State: DC Country: US

View the Interpretation Document

Response text:

September 20, 2018

Sophy Chen
Counsel
Steinbrecher & Span LLP
1155 F Street, NW
Suite 1050
Washington, DC  20004

Reference No. 18-0072

Dear Ms. Chen:

This letter is in response to your May 11, 2018, letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the carriage of lithium ion batteries on passenger aircraft.  Specifically, you ask if an airline passenger carrying a lithium battery powered device and spare batteries for that device for professional purposes may use the § 175.10(a)(18) exception, provided that quantity limits are met.  Furthermore, you request that your understanding of the following scenario is correct:

A professional camera operator is traveling to a job site and carrying spare lithium ion batteries for use in equipment for work.  The lithium ion batteries will not be resold or distributed.
An unlimited number of lithium ion batteries that do not exceed 100 Watt-hour (Wh) may be carried in carry on baggage.
With the approval of the airline, two lithium ion batteries that exceed 100 Wh, but do not exceed 160 Wh, may be carried in carry on baggage.

Your understanding is correct.  Section 175.10(a)(18) of the HMR details exceptions for portable electronic devices, including those powered by lithium batteries and spare batteries for these devices when carried by passengers or crewmembers for personal use.  In the scenario described in your request, the professional camera operator is eligible to carry lithium batteries in accordance with § 175.10(a)(18).  Furthermore, § 175.10(a)(18)(ii), details the quantity and size limits of lithium ion batteries carried on passenger aircraft, which indicates that:

• The lithium ion batteries must not exceed 100 Wh;
• With the approval of the airline, portable electronic devices may contain lithium ion batteries exceeding 100 Wh, but not exceeding 160 Wh; and
• With the approval of the airline, no more than two individually protected lithium ion batteries each exceeding 100 Wh, but not exceeding 160 Wh, may be carried per person as spare batteries in carry-on baggage.

Please note that the lithium ion batteries must also be a type proven to meet the requirements of each test in the UN Manual of Tests and Criteria, Part III, Sub-section 38.3 and each spare lithium ion battery must 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).

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

Sincerely,

Dirk Der Kinderen
Chief, Standards Development
Standards and Rulemaking Division

175.10(a)(18), 175.10(a)(18)(ii),

Regulation Sections