Republic Airways Holdings — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue, SE Washington, D.C. 20590 APR 1 7 2014 John E. Martiney Director, Hazmat & Environmental Compliance Republic Airways Holdings 8909 Purdue Road, Suite 300 Indianapolis, Indiana 46268 Ref. No.: 14-0029 Dear Mr. Martiney: This is in response to your February 14, 2014letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to lithium battery powered electronic devices used by an air carrier. Specifically you ask if lithium battery powered electronic devices used by members of the flight crew during flight are excepted from the HMR when transported in conformance with§ 175.8(b)(3). The HMR do not apply to portable electronic devices containing lithium cells or batteries carried aboard a passenger-carrying aircraft by the operator for use or sale on that aircraft when conforming to the requirements in§ 175.8(b )(3). Among those requirements, the lithium cells and batteries contained in electronic devices must meet the specific requirements of§ 175.10(a)(18). In this context, lithium cells and batteries contained in the electronic devices must conform to the appropriate size and quantity limits specified in § 175.10(a)(18). Additionally, you should be aware that an FAA Information for Operators (InFO) 09014: Portable Electronic Devices (Credit Card Readers) has been published on this issue and can be found on FAA's website at www.faa.gov. The InFO is intended to ensure operators incorporate their use of portable electronic devices into their Hazmat-related training and manuals as appropriate. As noted in the InFO, you are encouraged to contact your Principal Operations Inspector and/or nearest Hazardous Materials Division Manager for additional information on compliance under Federal Aviation Regulations. I hope this information is helpful. If you have further questions, please do not hesitate to contact this office. Sincerely, Duane Pfund International Standards Coordinator Standards and Rulemaking Division#

Page 2REPUBLlC AlRWAYS HOLDINGS Lear--t{ ~ rl5-:iV ~~151 8 ~lli I~ • Detin;+1 ' 0n .,. Excephons I~ ,. DD2}1 February 14, 2014 U.S. DOT PHMSA Office of Hazardous Materials Standards Attn: PHH-10 East Building 1200 New Jersey Avenue SE Washington, DC 20590-0001 Re: 49 CFR 175.8 and 49 CFR 175.10 Dear Sirs: Final Rule HM-215L, published in the January 7, 2013 Federal Register, Vol. 78, No.4, amended the HMR to maintain alignment with international standards (ICAO Tl 2013-2014). Among them is a revision to 49 CFR 175.8 (b) (3): Aerosols of Division 2.2 only (for dispensing of food products), alcoholic beverages, colognes, liquefied gas lighters, perfumes, and portable electronic devices containing lithium cells or batteries that meet the requirements of§ 1 7 5. 1 0( a) (18) carried aboard a passenger-carrying aircraft by the operator for use or sale on tha specific aircraft. We interpret 175.8 to include lithium-powered portable electronic devices used by the flight attendants, such as hand held point-of-sale devices and smart phones. However, the revised regulation states " ... that meet the requirements of 175. 10(a) (18) ... " Whereby 175.1 O(a) (18) states " ... when carried by passengers or crew members for personal use." If the portable electronic devices are included as operators' equipment under 175.8, then would 175.10 invalidate them because they are not 'for personal use', but rather for crew use? We interpret the statement "that meets the requirements of 175. 10(a) (18)" to be the safety and battery size limitation requirements. What is the DOT definition of 'personal use"? Are portable electronic devices powered by lithium batteries used by the flight attendants during flight exempted from regulations under 175.8(b) (3); or are they not exempted per the verbiage in 175.10(a) (18)? Sin/ce[_e2, __ ___ , 71 n i~~~tey Director, H~~;at 8: Environmental Compliance Republic Airways Holdings JM/ S909 l'urcluc Rd. Suite 300 lndiana 4626X Tele: 317-484-6000 Fax: 317-484-6040 www.I:iet.com#