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Interpretation Response #08-0250

Below is the interpretation response detail and a list of regulations sections applicable to this response.

Interpretation Response Details

Response Publish Date: 10-31-2008
Company Name: Republic Airways Holdings    Individual Name: Mr. John E. Martiney
Location state: IN    Country: US

View the Interpretation Document

Response text: October 31, 2008

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 171-180) 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 § 175.10(a)(17). You request we revise § 175.10 to permit these devices and spare 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 § 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 106, 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) 366-4511.

I hope this satisfies your inquiry. If we can be of further assistance, please contact us.


Susan Gorsky
Acting Chief, Standards Development
Office of Hazardous Materials Standards

175.10(a)(17), 175.8

Regulation Sections

Section Subject
§ 175.10 Exceptions for passengers, crewmembers, and air operators