Alaska Air, SEADG — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department Washington DC 20590 1200 New Jersey Avenue SE Safety Administration Pipeline and Hazardous Materials MAR 1 2 2015 Mr. Ron Fink Specialist, Dangerous Goods Alaska Air, SEADG 20833 S. International Blvd., P.O. Box 68900' Seattle, WA 98168-0900 Ref. No. 14-0188 Dear Mr. Fink: This letter responds to your September 18, 2014 email regarding the applicability of the Hazardous Materials Regulations (HMR; 49 CFR parts 171-180) to lithium metal (cell) batteries. In your letter, you describe an electronic bag tag that would replace the commonly used paper bag tags attached to checked baggage of the traveling public. The electronic bag tag is powered by a lithium metal (cell) battery that contains 0.08 grams of lithium metal. Through discussions we were informed that the electronic bag tag would be given to or acquired by airline passengers, would be attached to the outside of their baggage, and would be used by both the passenger and Alaska Airlines to track and manage movement of the baggage before and after transportațion. Specifically, you request confirmation that carriage of the electronic bag tag aboard passenger aircraft would not be subject to the HMR other than the reporting requirements found in §§ 171.15(b)(6) and 171.16. Electronic bag tags that are attached to the outside of passenger baggage and that are designed to be used by both the passenger and the aircraft operator are not subject to the HMR including the reporting requirements found in §§ 171.15(b)(6) and 171.16. However, these electronic bag tags must meet all requirements of the Federal Aviation Administration (FAA) and the aircraft operator is still responsible for reporting incidents involving fire to the FAA in accordance with 14 CFR 121.703 and 14 CFR 135.415. These electronic bag tags are considered portable electronic tracking devices and are subject to FAA policies and guidance for operation. It is the operator's responsibility to ensure that these devices meet FAA policies and guidance prior to allowing their use. For more detailed information on FAA policies and guidance for such devices please contact FAA's Aircraft Maintenance Division at 202-267-1695.#

Page 2I trust this information is helpful. If you have further questions, please do not hesitate to contact this office. Sincerely Acting Chief, Standard Development Standards and Rulemaking Division#

Page 3Broussard $173.185 I thium Batteries Dodd, Alice (PHMSA) 14-0188 From: Sent: Ciccarone, Michael CTR (PHMSA) To: Thursday, October 02, 2014 5:09 PM Subject: Hazmat Interps. Attachments: FW: Confidential Request for Interpretation interp request redacted v.18Sep.pdl Alaska Airlines CONFIDENTIAL interp request v.2.pdf; Alaska Airlines CONFIDENTIAL Shante and Alice, I don't see this in the interps database, can you make sure it gets submitted? This guy called the HMIC back to check on the status. Thanks, Mike Sent: Thursday, September 18, 2014 3:28 PM From: Ciccarone, Michael CTR (PHMSA) To: Hazmat Interps Subject: FW: Confidential Request for Interpretation Shante and Alice, Please submit this for a formal letter of interpretation. Thanks, Mike From: Ron Fink [mailto:ron.fink@alaskaair.com] To: INFOCNTR (PHMSA) Sent: Thursday, September 18, 2014 2:04 PM Subject: Confidential Request for Interpretation Cc: Rick Nagy; Mike Tobin Good afternoon, Sir/Madame: We are requesting confidential review and request for interpretation the attached request (one actual, one redacted attached). We appreciate your consideration of the request in advance. Please feel free to contact myself, or Rick Nagy 206/392-2364 with any questions regarding the proposed use of the electronic baggage tag device on our commercial fleet of passenger-carrying aircraft. Thank-you again for this review, and will wait for your reply or advice if any further information is required. Sincerely, Ron Fink, Specialist, Dangerous Goods Alaska Air Group, Alaska Airlines and Horizon Air 20833 S. International Blvd, Department SEADG PO Box 68900 1#

Page 4• a. Seattle, via 98168-0900i Tel; 206-392-78553 Ron.fink@alaskaair.com#

Page 5Alaska Airlines. PHMSA Office of Hazardous Materials Standards U.S. Department of Transportation East Building Attn: PHH-10 1200 New Jersey Avenue, SE Washington, D.C. 20590-0001 CONFIDENTIAL Interpretation Request Pursuant to 49 CFR $ 105.30, Alaska Airlines hereby requests confidential treatment of our interpretation request because it contains proprietary information that is protected from disclosure under the Freedom of Information Act (FOIA) pursuant to applicable law, including 49 U.S.C. 40123, 14 CFR 193, 49 CFR 7.29, 5 USC 552(b)(4), and 18 USC § 1905. Alaska Airlines would like confirmation from PHMSA that an electronic bag tag 0.08 grams lithium metal, is not subject to the Hazardous Materials Regulations, powered by one Panasonic BR2230 primary lithium metal battery, which contains other than the incident reporting requirements of §§ 171.15(b)(6) and 171.16. VANGUARD D SVELEMS Alaska Airlines ANCHORAGE STEVE SMITH ANC 2 229UG 2014 SEA 5 DCA We are working on permanent bag tags to replace the single-use paper bag tags. The obiect on the left is the top part of the tag, the bottom half of the tag is on the right. We broke this hard The round item on the right with a yellow edge is the Panasonic BR2230 primary lithium metal plastic case open to photograph it. Passengers cannot open the tag without rendering it useless: Passengers will upload their reservation to their bag tag via their Alaska Airlines smartphone The screen updates with the new itinerary instantly. application by depressing the power button on the lower left hand side of the front of the device. Page 1 of 2#

Page 6We believe this bag tag constitutes "lithium metal battery contained in equipment." But there will be no packaging of the battery other than be installed on a motherboard in a rigid plastic tag. The 0.08 grams is below the threshold in 173.185(c)(1)(i) - but the exception is for "a package containing... § 173.185(c) Exceptions for smaller cells or batteries. A package containing lithium cells or batteries, or lithium cells or batteries packed with, or contained requirements in subparts C through H of part 172 of this subchapter and the UN in, equipment, that meets the conditions of this paragraph, is excepted from the section under the following conditions and limitations. performance packaging requirements in paragraphs (b)(3)(ii) and (b) (4) of this (1) Size limits: lithium metal battery. (i) The lithium content may not exceed 1 g for a lithium metal cell or 2 g for a In 49CFR 171.8 the terms are defined as: radioactive materials, see §173.403 of this subchapter. Package or Outside Package means a packaging plus its contents. For Packaging means a receptacle and any other components or materials necessary for the receptacle to perform its containment function in radioactive materials packaging, see §173.403 of this subchapter. conformance with the minimum packing requirements of this subchapter. For. Thank you in advance for your reply. If you have any questions, please don't hesitate to ask. Mit fron Alaska Airlines - SEADG Manager Dangerous Goods P.O. Box 68900 Seattle, WA 98168 206-392-7854 mike.tobin@alaskaair.com Page 2 of 2#