PHMSA Response Letter

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March 3, 2016

Aric Tillberg
Morpho Detection, LLC
23 Frontage Rd
Andover, MA 01810

Ref. No. 15-0202

Dear Mr. Tillberg:

This responds to your September 30, 2015 email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to exceptions for passengers, crewmembers and air operators.  Specifically, you ask whether you may carry aboard an aircraft a lithium ion battery pack designed to power a portable handheld instrument used for demonstrations and promotional shows.  You state that the battery pack has a capacity of 32 Wh and has been tested to meet the UN Manual of Tests and Criteria, Part III, Sub-section 38.3.

Yes.  In accordance with § 175.10(a)(18), the HMR authorizes the carriage of portable electronic devices containing lithium cells or batteries, or spare lithium cells or batteries for these devices, when carried by passengers or crew members for personal use.  Note that each spare battery must be individually protected to prevent damage and short circuit, and may only be carried in carry-on baggage.  

I trust this satisfies your inquiry.  Please contact us if we can be of further assistance.
Sincerely,

Duane Pfund
International Standards Coordinator
Standards and Rulemaking Division
175.10(a)(18)