Interpretation Response #23-0051
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Orbiter, Inc.
Individual Name: Gregory M. Stewart
Location State: WA Country: US
View the Interpretation Document
Response text:
August 17, 2023
Gregory M. Stewart
President
Orbiter, Inc.
13500 Pacific Avenue S.
Tacoma, WA 98444
Reference No. 23-0051
Dear Mr. Stewart:
This letter is in response to your May 11, 2023, email and subsequent phone conversation requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the transport of lithium ion batteries on passenger aircraft. You describe a scenario—which you believe presents safety risks—in which a portable electronic device containing a "privately-labeled lithium ion battery" that has a rating of up to 100-watt hours (Wh) is carried on a passenger aircraft by professional timekeepers for use at sporting events; however, the portable electronic device or spare lithium ion batteries will not be resold or distributed. Specifically, you ask whether the carriage of these portable electronic devices on passenger aircraft is prohibited.
The answer is no. For passengers, crewmembers, and air operators, § 175.10 provides exceptions from the HMR which permit traveling on aircraft with certain items that may otherwise be considered a hazardous material. These exceptions do not prohibit passengers from bringing on-board any of the authorized items simply because they are used in support of the passengers’ profession, provided the quantity limits and conditions of the exception are met. See § 175.10(a)(18). This section specifically authorizes portable electronic devices to be carried in either checked or carry-on baggage. Portable electronic devices powered by a lithium ion battery must not exceed 100 Wh without the approval of the operator; however, the operator may allow portable electronic devices up to 160 Wh under certain conditions. Air operators are responsible for the processes and procedures used to identify safety hazards and control or mitigate safety risks. Therefore, passengers should check with the airline for their policy on hazardous materials and additional size limits for baggage carried by passengers.
When carried in checked baggage, portable electronic devices powered by lithium ion batteries must be completely switched off (not in sleep or hibernation mode) and protected to prevent unintentional activation or damage. Additionally, spare lithium ion batteries must be carried in carry-on baggage only.
Regarding privately-labeled lithium ion batteries, use of this exception requires that each lithium ion battery be of 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 that 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 Branch
Standards and Rulemaking Division
175.10, 175.10(a)(18)
Regulation Sections
| Section | Subject |
|---|---|
| 175.10 | Exceptions for passengers, crewmembers, and air operators |