Republic Airways Holdings — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Ave., SE Washington, DC 20590 Mr. John E. Martiney Republic Airways Holdings 8909 Purdue Road, Suite 300 Indianpolis, IN 46268 Ref. No. 08-0250 Dear Mr. Martiney : This responds to your letter dated October 1,2008 requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 17 1- 180) applicable to hand held point-of- service devices containing lithium batteries. According to your letter these devices allow flight attendants to charge in-flight meals and beverages to a credit card. You state these devices are similar in nature to consumer electronic devices containing lithium batteries currently authorized for carriage aboard aircraft in checked or carry-on baggage in accordance with tj 175.1 0(a)(17). You request we revise tj 175.1 0 to permit these devices and sp&e batteries for these batteries aboard an aircraft. Since these devices are intended for use by the aircraft operator they would be appropriately described as operator equipment. Currently the exceptions for operator equipment in tj 175.8 do not apply to the devices you describe and therefore would not be permitted under the HMR. However, we intend to discuss this matter in a future notice of proposed rulemaking. When we publish a proposed rule, you may comment on the rulemaking in accordance with the procedures in Part 1 06, Subpart B. In the interim, you may apply for a competent authority approval from the Office of Special Permits and Approvals. Procedures for applying for an Approval are in Part 107, Subpart H in the HMR. The Office of Hazardous Materials Approvals may be reached by telephone at (202) 366-45 1 1. I hope this satisfies your inquiry. If we can be of further assistance, please contact us. Sincerely, Susan Gorsky V Acting Chief, Standards Development Office of Hazardous Materials Standards#

Page 2Shuttle America f -k R E P U B L l C A l R W A Y S 4 I R 4 Chautauqua Airlines ~%-ozS Republic Airlines October 1,2008 US DOT PHMSA Office of Hazardous Materials Attn: Standards PHH-10 US Department of Transportation, East Building 1200 New Jersey Avenue, SE Washington, DC 20590-0001 Subiect: "Personal Use" Electronic Eaui~ment Dear Sir I Madam, The airline industry is quickly moving towards the implementation and use of electronic hand held, point-of-sale devices containing Lithium batteries. These HHD's allow the flight attendants to charge passenger meals and beverages on board an aircraft in flight with a credit card instead of cash. The time and transaction security benefds and savings are a great help to a carrier's bottom line. As these devices are no different from the devices allowed to be carried on board aircraft in flight by passengers and crewmembers, we ask that this same paragraph apply to hand-held devices containing lithium batteries, and their spares, under the provisions of 49 CFR 175.10(a)(17), for use by our flight attendants. If any questions, please contact me. Sincerely (Signed) John E. Martiney Director, HazmatlEgA & OSHA Compliance Republic Aitways Holdings 8909 Purdue Road, Ste 300 Indianapolis, IN 46268 + 8909 Vurdw Head, buitc 300? Indianapolis, Indiana 46268 Tele: 317 484 6000 Fax: 317 484 6060 www.rjet.com#