{"operation":"document","citation":"23-0051","title":"Orbiter, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2023-08-17","effective_on":null,"summary":"23-0051 response to Orbiter, Inc. concerning 175.10.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-23-0051.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-23-0051.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-23-0051","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/77941/230051.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nAugust 17, 2023\nGregory M. Stewart\nPresident\nOrbiter, Inc.\n13500 Pacific Avenue S.\nTacoma, WA 98444\nReference No. 23-0051\nDear Mr. Stewart:\nThis letter is in response to your May 11, 2023, email and subsequent phone conversation\nrequesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180)\napplicable to the transport of lithium ion batteries on passenger aircraft. You describe a\nscenario which you believe presents safety risks in which a portable electronic device\ncontaining a privately-labeled lithium ion battery that has a rating of up to 100-watt hours\n(Wh) is carried on a passenger aircraft by professional timekeepers for use at sporting events;\nhowever, the portable electronic device or spare lithium ion batteries will not be resold or\ndistributed. Specifically, you ask whether the carriage of these portable electronic devices on\npassenger aircraft is prohibited.\nThe answer is no. For passengers, crewmembers, and air operators, § 175.10 provides exceptions\nfrom the HMR which permit traveling on aircraft with certain items that may otherwise be\nconsidered a hazardous material. These exceptions do not prohibit passengers from bringing on-\nboard any of the authorized items simply because they are used in support of\nprofession, provided the quantity limits and conditions of the exception are met. See\n§ 175.10(a)(18). This section specifically authorizes portable electronic devices to be carried in\neither checked or carry-on baggage. Portable electronic devices powered by a lithium ion battery\nmust not exceed 100 Wh without the approval of the operator; however, the operator may allow\nportable electronic devices up to 160 Wh under certain conditions. Air operators are responsible\nfor the processes and procedures used to identify safety hazards and control or mitigate safety\nrisks. Therefore, passengers should check with the airline for their policy on hazardous materials\nand additional size limits for baggage carried by passengers.\n\n<<<PAGE 2>>>\n\nWhen carried in checked baggage, portable electronic devices powered by lithium ion batteries\nmust be completely switched off (not in sleep or hibernation mode) and protected to prevent\nunintentional activation or damage. Additionally, spare lithium ion batteries must be carried in\ncarry-on baggage only.\nRegarding privately-labeled lithium ion batteries, use of this exception requires that each lithium\nion battery be of a type proven to meet the requirements of each test in the UN Manual of Tests\nand Criteria, Part III, Sub-section 38.3, and that each spare lithium ion battery must be\nindividually protected so as to prevent short circuits (e.g., by placement in original retail\npackaging, by otherwise insulating terminals by taping over exposed terminals, or placing each\nbattery in a separate plastic bag or protective pouch).\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nDirk Der Kinderen\nChief, Standards Development Branch\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\nRECEIVED MAY 2-2 REC'O\nORBITER\nBA\nCasey\nMay 11, 2023\nMr. Shane Kelley\n23-0051\nDirector, Standards and Rulemaking Division\nU.S. DOT/PHMSA (PHH-10)\n1200 New Jersey Avenue, SE East Building, 2nd Floor\nWashington, DC 20590\nDear Mr. Kelly:\nHope all is well.\nThe following is about gaining a letter of interpretation about transporting Lithium-\nIon batteries on aircraft for commercial use because misinformation is being\nbroadcast widely on social media.\nWe understand from Ms. Victoria Lehman\n(Stakeholder Engagement Branch Manager, AXH-510 FAA Security and: Hazardous Materials\nSafety (ASH) C: 202-236-5776) that commercial transportation of Lithium-lon on aircraft is\nnot allowed. It is allowed only for personal use (electric tooth brushes, razors, cameras and\nother personal devices. She said if it is commercial use it is a COLD STOP and not allowed\neven in the overhead bin in thę passenger cabin.\nCan you confirm this? This is what our company understands and thus we use AGM\nbatteries that are allowed.\nHowever, a company RACERESULT.com from Germany actively promotes their lithium-ion\nproduct can be transported on aircraft. They broadcast this knowing the rules apply to\npersonal and commercial use. They broadcast widely to thousands of professional race\ntimers around the world that is wrongly. They do this for the purpose of profit. See:\nhttps://youtu.be/HRVeahleQcw See at 37 minutes 13 seconds (battery).\n(In the area that discusses batteries) They. also use social influencers at RACEBOOK page\n\"Timers-Talk Freely\" that do not disclose who they represent in violation of FCC social\nmedia rules to also broadcast knowingly and block posts which state the Lithium-Ion rules.\nThis is important as there are thousands of professional timers flying equipment to the over\n30,000 events that are timed each year. The races they time include Marathons, 5-K's,\nTriathlons, and motor sports just to name a few. The numbers of Lithium-Ion batteries\nshipped on passenger planes can be on average two to fifty (assuming way points on a race).\nHowever, the social influencers at Facebook, \"Timer-Talks Freely\" state as long as the\nbatteries are less than 100 watt hours can be unlimited.. In the video the RaceResult\nengineer states if the battery is removed from the device it can be transported on aircraft.\nThe engineer is known in the industry as an \"authority\".\nPlease contact me with questions. Also, if you can reply back the status of receiving a\ndetermination letter this is also appreciated as we would like to notify the industry. Almost,\nall will want to comply and do the right thing.\n\n<<<PAGE 4>>>\n\nSummary: \"We would like a determination that transporting lithium-ion on aircraft\nfor commercial use is a cold stop and not allowed. Since professional race timing is\nbilled thru a company or for hire to time many people, it is a commercial activity such that\nlithium-ion is not allowed for transportation on aircraft.\"\nSincerely,\nGregory M. Stewart\nPresident\nOrbiter, Inc.\n13500 Pacific Avenue S\nTacoma, WA 98444\n253-627-5588\n\n<<<PAGE 5>>>\n\nOrbiter Inc. 13500 Pacific Avenue S. Tacoma, WA 98444 U.S.A. 866-938-3587 Please 253-627-5588.\ngstewart@orbiter.com\nwww.Orbiter.com","truncated":false,"body_characters":6388}