Regional Jet 700 ER/LR (CRJ700)
Flight Crew Air Transport Pilot (ATP)
Situational Awareness
Deviation / Discrepancy - Procedural Published Material / Policy; Flight Deck / Cabin / Aircraft Event Other / Unknown
Flight Crew Took Evasive Action
Procedure
The flight attendant informed a passenger he would have to gate check his bag and he responded he didn't want to check it because it was 'full of batteries.' She asked him to stand aside with the bag in question and informed me.  I called Operations multiple times to get more information to make a decision on how to proceed. I asked to see a battery; and it took a little while as somebody had already taken the questionable bag into C4. There were 8 batteries each the size of a small brick; for video equipment. These batteries did not have exposed posts; they had small receptacle holes the camera leads fit in to. They were not taped over. The passenger claimed that they were not charged up. It was found that they did not meet the requirements of 49 CFR 175.10; which states only two larger-type lithium ion batteries of max size 100 up to 160 Watt-hours; if properly prepared and approved by the air carrier; may be in carry on luggage. It does not mention their state of charge.  However; there were 8 batteries; and rated at 190 Wh. I did not let them onboard; and the passenger stayed behind with them.The passenger explained to me that he did not understand why I denied them aboard; as he travels like this all the time as do plenty of other people in his profession. He also tried to explain that only when they are charging or under a load could they pose a fire risk; thus his are not charged. Since he had never been stopped or heard of others stopped over the years by TSA; or inquired at the ticket counter about batteries with his video equipment; he assumed it was fine. I think this situation demonstrates some confusion and a lack of information about lithium batteries as their use has spread. I would have never encountered this situation if the passenger inadvertently did not volunteer the information himself.As [operations] provided me with the latest 49 CFR 175.10 on passengers and lithium batteries; it appears that TSA either is not aware or not enforcing it regarding the batteries they allow through their checkpoints. An agent that night was telling my Flight Attendant that since TSA had already checked the bag; it was good to go. Another agent said this type of luggage is fine.  The next day I thought it curious when an agent that was there the night before informed me that the passenger with the video equipment had left that next morning and because TSA had 'checked it' it was all ok.  It was not specifically said; but implied that the batteries in question went on the aircraft with him.In light of that fact; I am filling this report for clarification on the latest regulations; to confirm if I did err or not in denying the passenger and his baggage onboard; and to know what to do if this situation comes up again. Operations mentioned they will be looking for information on this issue a little more as well.One suggestion I have is to increase information regarding lithium batteries to flight crews in the form of an email and adding a paragraph in the Manual with guidance about the CFRs of defined limits on number of batteries; their size; packaging and describing what is airline approval (i.e. would it be noted on the passenger count given to the Flight Attendant); carried in the cabin or not; and if it matters if they are charged or not.Ticket counters might have a sign about batteries; or ask about lithium batteries if there is a lot of audio/visual and other electrical equipment. Lastly; it is unclear what TSA's role and responsibility is in this situation. They strictly prohibit any liquid amounts greater than 3.4 oz. in case of a fire/explosive threat.  If these type of batteries are indeed deemed a fire threat; it would be surprising if TSA is letting all of them through and we are all unknowingly carrying them onboard our aircraft.
A Regional Jet Captain explains his rationale for rejecting a passenger and his carryon luggage consisting of eight large lithium ion camera batteries.