{"operation":"document","citation":"19-0002","title":"Cabeau Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2019-05-21","effective_on":null,"summary":"19-0002 response to Cabeau Inc. concerning 175.10.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-19-0002.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-19-0002.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-19-0002","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/71436/190002.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nMAY 2 1 2019\nDavid Sternlight\nChief Executive Officer\nCabeau Inc.\n21700 Oxnard Street, Suite 900\nWoodland Hills, CA 91367\nReference No. 19-0002\nDear Mr. Stemlight:\nThis letter is in response to your November 7, 2018, email requesting clarification of the\nHazardous Materials Regulations (HMR; 49 CPR Parts 171-180) applicable to lithium ion\nbatteries. Specifically, you ask about a device that is powered by a lithium ion battery, and\nattached to the outside of a piece of luggage, as it applies to carriage aboard passenger aircraft as\neither checked or carry-on baggage. You note that the device enters hibernation mode at a point\nwhen the aircraft speed exceeds 150 mph or is idle for more than five minutes. Additionally, you\nprovide the following specifications for the lithium ion battery that powers the device:\n• 680 mAh\n• Input 3.7 v/2/1 amps\n• 2.5 Watt-hours\n• Distance between battery and outside casing is 7 mm ( versus 5 mm for consumer\nelectronic devices)\n• Three battery enclosures to provide shock protection and isolation of antennas\nWe have paraphrased and answered your questions as follows:\nQ 1. You ask whether the device you described is considered a portable electronic device\n(PED) as described in§ 175.1 0(a)(l 8), for the purposes of carriage aboard passenger\naircraft.\nAl. The answer is yes. Based on the information provided regarding the batteries and device,\nit is the opinion of this Office that a lithium ion (or metal battery) contained in a device,\nwhich is attached to the outside of a piece of luggage, is considered a PED. Aircraft\npassengers or crew members may carry PEDs powered by lithium batteries in either\nchecked or carry-on baggage in accordance with § 175.1 0(a)(l 8).\nNote that in addition to the HMR requirements, all applicable FAA requirements must be\ncomplied with, including those in 14 CFR § 91.21, that address operation of PEDs aboard\naircraft. Information and guidance to assist with compliance of this requirement can be\n\n<<<PAGE 2>>>\n\nrequirements contained in 14 CFR § 91.21 , you may contact the FAA at the following\nQ2. A2. Q3. A3. address:\nFederal Aviation Administration\nOffice of the Chief Counsel Regulations Division\n800 Independence Avenue, S.W.\nWashington, DC 20591\nIn addition to the transportation safety requirements pertaining to this device, there may\nbe additional security requirements issued by the Transportation Security Administration.\nYou ask whether the device you described is a PED for the purposes of carriage aboard\npassenger aircraft under the 2019-2020 edition of the International Civil Aviation\nOrganization Technical Instructions for the Safe Transport of Dangerous Goods by Air\n(ICAO Technical Instructions).\nICAO amended the Technical Instructions requirements for dangerous goods carried by\npassengers or crew by adding provisions for baggage equipped with lithium batteries. It\nis the opinion of this· Office that, for the purposes of the provisions for the carriage of\ndangerous goods by passenger aircraft, in accordance with the 2019-2020 edition of the\nICAO Technical Instructions (see 8-1-1, Table 8-1), the device, when it is attached to or\ninstalled in a piece of luggage, is best described as \"baggage with installed lithium\nbatteries.\"\nYou ask this Office to clarify how the provisions of the HMR pertaining to PEDs may be\nimpacted by related changes to the ICAO Technical Instructions and upcoming PHMSA\nrulemakings.\nOn November 28, 2018, PHMSA published a Notice of Proposed Rulemaking (NPRM),\nentitled, \"Hazardous Materials: Harmonization with International Standards\" (HM-\n215O, 83 FR 60970),which proposes to amend the HMR to maintain alignment with\ninternational regulations and standards provisions, including the 2019-2020 ICAO\nTechnical Instructions. In that NPRM, PHMSA proposes to amend§ 175.10(a)(18) to\nrequire that when PEDs powered by lithium batteries are in checked baggage, they be\ncompletely switched off (not in sleep or hibernation mode) and protected to prevent\nunintentional activation or damage.\n\n<<<PAGE 3>>>\n\nFurther in the HM-215O NPRM, PHMSA proposes to allow passengers to check or\ncarry-on baggage equipped with lithium batteries provided the lithium content does not\nexceed 0.3 grams (for lithium metal batteries) or 2.7 Watt-hours (for lithium-ion\nbatteries). Baggage equipped with a lithium battery exceeding the lithium content or\nwatt-hour limit would be required to be carried as carry-on baggage, unless the battery is\nremoved from the checked bag and carried as a spare battery in the aircraft cabin.\nI hope this information is helpful. Please contact us ifwe can be of further assistance.\nSincer . / ;i~\nrrK~~\nChief, Standards Development Branch\nStandards and Rulemaking Division\nCC: Gregory S. Walden\n\n<<<PAGE 4>>>\n\n~~\n19 -- 0007___,,\n21700 Oxnard Street, Suite 900\nWoodland Hills, CA 91367\nPH: +1 818-745-5693\nFX: +1 818-474-1322\ncabeau.com\ncabeau\nVia email\nNovember 7, 2018\nMr. Duane Pfund\nInternational Program Coordinator\nStandards and Rulemaking Division\nPipeline and Hazardous Materials Safety Administration\n1200 New Jersey Avenue SE\nWashington, DC 20590\nDear Mr. Pfund,\nCabeau. Inc. (\"Cabeau\") seeks clarification of the Hazardous Materials Regulations (HMR; 49\nCFR Parts 171-180) applicable to luggage with a Global Position System (\"OPS\") tracking\ndevice powered by a lithium ion battery attached on the outside of a piece of luggage, for\ncarriage as checked baggage, or carryon, on board passenger aircraft.\nCabeau, in collaboration with its technology partner Go Plug Bags, Inc. has designed and is in\nthe final stages oflaunching a OPS tracking luggage lock called \"Track & Shield\" that will\nensure passengers can track the location of their luggage at all necessary times, from the moment\nthe passenger checks the luggage until the passenger picks up the luggage at baggage claim. It\nalso can also provide a record of any instance when the lock (and presumably the luggage) was\nopened and where. The Track & Shield device is powered by a lithium ion battery with the\nfollowing specifications:\n• 680 mAh\n• Input 3. 7 v/2/ 1 amps\n• 2.5 Watt-hours\n• Distance between battery and outside casing is 7 mm (versus 5 mm for conswner\nelectronic devices)\n• Three battery enclosures to provide shock protection and isolation of antennas\nThe Track & Shield device goes into hibernation mode at a point when aircraft exceeds 150 mph\nor is idle for more than 5 minutes. In essence, the device goes into \"airplane mode\" like a cell\nphone.\nThe Track & Shield device is ISA-compliant with a key slot and meets FCC and CE\nrequirements. The body of the Track & Shield device consists of a die cast zinc body with\nstainless steel rope hasps; it is waterproof and shock resistant. The battery is thus protected from\ndamage, short circuit and accidental activation.\n\n<<<PAGE 5>>>\n\nLetter to Duane Pfund\nNovember 7, 2018\nPage 2 of2\nCabeau seeks confirmation that its lithium ion battery-powered Track & Shield device is a\n\"portable electronic device\" per HMR 173.21(c)(\"electronic device\"), 173.85 (\"equipment\"),\nl 75.10(a)(18)(\"portable electronic devices\"), and thus luggage with the Track & Shield device\naffixed on the outside may be catTied in either checked or carry-on luggage.\nThe lithium ion battery has been proven to meet the requirements of each test in the UN Manual\nof Tests and Criteria, Part III, Sub-section 38.3 (Sixth edition) and is well under the 100 Watt-\nhour limit.\nWe are aware of electronic transmission requirements in 14 CFR 91.21. This request for\nclarification pertains only to the HMR.\nThank you for your time and attention.\nSincerely,\nDavid Sternlight\nCEO\nCabeau, Inc.","truncated":false,"body_characters":7786}