Safety Recommendation A-99-082

During the Safety Board’s December 4, 2007, meeting, Safety Recommendations A-99-80 and -82 were classified Closed Acceptable Action. Below is the portion of the Board’s report regarding this action:

On August 9, 2007, PHMSA issued new requirements that tightened the safety standards governing the air transportation of both primary and secondary lithium batteries. The final rule prohibits the transport of primary lithium batteries and cells as cargo on passenger carrying aircraft. Additionally, spare lithium batteries can only be transported as carry-on items. Further, the exemptions for medium primary and secondary lithium batteries were eliminated, and new marking paperwork requirements were added for those batteries transported as cargo by air or vessel.

The new requirements in the August 2007 rulemaking address the comments in the Safety Board’s September 26, 2002, letter to PHMSA regarding Safety Recommendations A-99-80 and -82. The rulemaking also addresses Safety Recommendation A-99-85 to the FAA. Under this rule, on the basis of the FAA’s initial testing of the fire risks posed by secondary lithium batteries and PHMSA’s elimination of many of the exemptions for primary and secondary lithium batteries, greater shipments of lithium batteries will be transported by air as declared hazardous materials that will be required to comply with enhanced packaging and identification standards.

Therefore, the Safety Board classifies Safety Recommendations A-99-80, -82, and -85 Closed Acceptable Action.

From Aircraft Accident Report: In-Flight Cargo Fire, United Parcel Service Company Flight 1307, McDonnell Douglas DC-8-71F, N748UP, Philadelphia, Pennsylvania, February 7, 2006

On August 9, 2007, PHMSA issued new requirements that tightened the safety standards governing the air transportation of both primary and secondary lithium batteries. The final rule prohibits the transport of primary lithium batteries and cells as cargo on passenger carrying aircraft. Additionally, spare lithium batteries can only be transported as carry-on items. Further, the exemptions for medium primary and secondary lithium batteries were eliminated, and new marking paperwork requirements were added for those batteries transported as cargo by air or vessel.

The new requirements in the August 2007 rulemaking address the comments in the Safety Board’s September 26, 2002, letter to PHMSA regarding Safety Recommendations A-99-80 and -82. The rulemaking also addresses Safety Recommendation A-99-85 to the FAA. Under this rule, on the basis of the FAA’s initial testing of the fire risks posed by secondary lithium batteries and PHMSA’s elimination of many of the exemptions for primary and secondary lithium batteries, greater shipments of lithium batteries will be transported by air as declared hazardous materials that will be required to comply with enhanced packaging and identification standards.

Therefore, the Safety Board classifies Safety Recommendations A-99-80, -82, and -85 "Closed-Acceptable Action."

Letter Mail Controlled 8/8/2007 2:24:08 PM MC# 2070395: In December 2004, we issued an interim final rule (IFR) to ban the transportation of primary or non-rechargeable lithium batteries as cargo on passenger aircraft. In addition, in a notice of proposed rulemaking (NPRM) published in April 2002, we proposed to tighten other standards for the testing, handling, and packaging of lithium batteries, in each case to reduce the likelihood or consequence of a lithium battery-related fire in transportation. We will publish a final rule to finalize the proposals in the April 2002 NPRM and the provisions of the December 2004 IFR by mid-August of this year.

We continue to evaluate the fire hazards posed by the transportation of secondary or rechargeable lithium batteries; with FAA, we are currently evaluating a report on this issue prepared by FAA’s Technical Center. We are also working with the United Nations Sub-committee of Experts on the Transport of Dangerous Goods and the International Civil Aviation Organization to develop additional enhanced safety measures for the transportation of lithium batteries. More generally, we have initiated a comprehensive strategy aimed at reducing the transportation risks posed by batteries of all types. This strategy reflects an approach we call

"Enterprise Government" - bringing together public and private sector stakeholders on all sides of an issue to identify and advance governmental and private sector solutions. Together we identified a series of immediate and longer-term actions that participants in this enterprise are taking or will take to enhance safety. These actions will include comprehensive reporting and investigation of battery-related incidents; improved battery, consumer product, and software design; development and implementation of a technical standards agenda;

consideration and implementation of improved regulatory standards; focused enforcement; and development and implementation of a public outreach and education campaign. For example, PHMSA co-hosted a meeting with national standards organizations (UL, IEC, IEEE) on May 24-25, 2007 in Herndon, VA to review current lithium battery standards workand stimulate discussions on actions that can be taken to enhance safety. Through an integrated and cooperative approach, we can be most successful in reducing incidents, enhancing safety, and protecting the public.

In its 4/14/2006 report to Congress, "National Transportation Safety Board (NTSB) and DOT Office of Inspector General (OIG): Open Safety Recommendations on Pipeline and Hazardous Materials Safety," the DOT wrote: An lnterim Final Rule (1FR) was issued on December 10,2004 prohibiting the transportation of primary lithium batteries and cells as cargo on passenger aircraft. As of December 29,2004, primary lithium batteries and cells may not be transported as cargo on foreign or domestic passenger-carrying aircraft operating into or within the U.S. The IFR includes marking and other hazard communication accepted for transportation by passenger aircraft.

PHMSA is evaluating the economic impact of the NPRM on small businesses. PHMSA published the small business impact on June 15, 2005. Comments are being evaluated and based on results the April 2002 NPRM may be amended. The final regulatory analysis to be completed in 2006.

In its 2/28/2005 report to Congress, "Open Statutory Mandates Regarding Pipeline and Hazardous Materials Safety," the DOT wrote: Advisory notice issued in September 2000, followed by NPRM in April 2002 and interim final rule on December 15, 2004.

On April 2, 2002, RSPA published a notice of proposed rulemaking (NPRM) titled "Hazardous Materials: Transportation of Lithium Batteries," which proposes changes to test methods for lithium batteries; revisions to exceptions for small batteries, including new marking requirements; elimination of certain exceptions for larger batteries; and other modifications. RSPA reports that it is continuing to reevaluate the hazards posed by lithium batteries in transportation by collecting information from lithium battery manufacturers, shippers, and federal agencies with extensive experience in testing and use of lithium batteries.

The NPRM also proposes requirements that would enhance the identification of packages of lithium batteries and provide guidance if a package were damaged. However, the proposed requirements do not fully address the Safety Board's concern in Safety Recommendation A-99-82 that cargo handlers need to be properly alerted to the dangers posed by lithium batteries. If cargo handlers can determine from shipping documents and the marking and labeling on packages of lithium batteries that the contents contain a hazardous material, they are more likely to handle the package carefully.

The Board believes that a package containing more than 12 small lithium batteries or 24 lithium cells should be classified as a Department of Transportation Class 9 miscellaneous hazardous material, which is subject to the requirements in the hazardous materials regulations for labeling of the package and shipping papers. The Board notes that RSPA is continuing its analysis and evaluation of issues related to air shipment of packages of lithium batteries. The Board urges RSPA to consider the need to classify lithium batteries as a Class 9 hazardous material. Pending issuance of such a requirement, Safety Recommendation A-99-82 is classified "Open--Acceptable Response."

Notation 7187A: The National Transportation Safety Board has reviewed the Research and Special Programs Administration’s (RSPA) notice of proposed rulemaking (NPRM) “Hazardous Materials: Transportation of Lithium Batteries,” Docket No. RSPA-02-11989 (HM-224C), which was published at 67 FR 15510 on April 2, 2002.

RSPA is proposing in the NPRM to amend the U.S. Department of Transportation (DOT) hazardous materials regulations regarding the transportation of lithium batteries in all modes. Under the NPRM, recent revisions to the United Nations Recommendations on the Transport of Dangerous Goods (UN Recommendations) would also be incorporated in the hazardous materials regulations. The revisions to the UN Recommendations include changes to the lithium battery testing criteria that were developed to minimize the possibility that lithium cells or batteries would become an ignition source during transport.

The NPRM states that the revisions to the UN Recommendations were developed in response to an incident involving lithium batteries at Los Angeles International Airport on April 28, 1999. Two pallets containing 120,000 small lithium batteries caught fire and burned after they were offloaded from a Northwest Airlines airplane from Osaka, Japan. Extinguishing the fire was difficult. Because of their small size and low lithium content, the batteries involved in this incident were excepted from the performance packaging, marking, and labeling requirements of the hazardous materials regulations and were not required to meet the testing criteria of the UN Recommendations.

RSPA also notes in the NPRM that the incident at Los Angeles International Airport “highlighted the need for some kind of hazard communication to appear on the outside of the packages and on shipping documents and to increase the integrity of packages containing lithium batteries and cells.”

The NPRM proposes that all lithium batteries, including small lithium batteries that are currently excepted from the hazardous materials regulations, be tested in accordance with the UN Recommendations and be designed or packed to prevent short circuits during transportation. The NPRM also proposes to replace current exceptions with more restrictive exceptions.

Specifically, for small batteries and cells (as determined by lithium content), RSPA proposes that each package containing more than 24 cells or 12 batteries must (1) be marked to indicate that it contains lithium batteries; (2) be accompanied by a document indicating that the package contains lithium batteries; (3) weigh no more than 30 kilograms (66 pounds); and (4) be capable of withstanding a 1.2- meter (4-foot) drop test in any orientation without shifting its contents in a way that would allow short-circuiting and without releasing its contents.

Letter Mail Controlled 06/20/2002 3:13:33 PM MC# 2020614 We recently published a Notice of Proposed Rulemaking (NPRM) entitled "Hazardous Materials: Transportation of Lithium Batteries." A copy of the NPRM is enclosed. In the NPRM, we propose changes to test methods for lithium batteries; revisions to exceptions for small batteries, including new marking requirements; elimination of certain exceptions for larger batteries; and other modifications.

These proposed changes are intended to enhance the safe transportation of lithium batteries and harmonize our domestic requirements with changes recently made to international transportation standards in the United Nations Recommendations on the Transport of Dangerous Goods. We are continuing to reevaluate the hazards posed by lithium batteries in transportation. We are collecting information from lithium battery manufacturers, shippers, and Federal agencies with extensive experience in testing and use of lithium batteries. When we complete our evaluation, we will initiate any additional actions necessary to assure that lithium batteries are transported safely.

We will keep you informed of our progress. If you have any questions, please contact me or Suzanne TeBeau, Associate Administrator for Policy and Congressional Affairs, at (202) 366-4831

The Safety Board notes that although publishing the Advisory Notice is a commendable activity, it does not address the intent of these recommendations. The Board's June 27, 2000, response to RSPA's March 29, 2000, letter about these recommendations discussed the specific actions necessary to satisfy Safety Recommendations A-99-80, -82, and -83.

In its March 29, 2000, letter, RSPA informed the Board that in coordination with the FAA, it is re-evaluating the hazards posed by lithium batteries in air transport and the safety measures necessary to protect an aircraft and its occupants, including an evaluation of the current testing requirements of the United Nations' Transport of Dangerous Goods Manual of Tests and Criteria and current regulatory requirements. Pending the results of RSPA's evaluation being conducted in response to Safety Recommendation A-99-80 and the initiation of rulemaking, Safety Recommendation A-99-82 remains classified "Open--Acceptable Response."

Letter Mail Controlled 10/30/2000 1:38:06 PM MC# 2001605 On September 7, 2000 RSPA published an Advisory Notice, a copy of which is enclosed for your information, that: (1) Informed persons of the incident and the potential hazards that shipments of lithium batteries may present while in transportation, (2) Recommended actions to offerors and transporters to ensure the safety of such shipments, (3) Provided information concerning the current requirements for the transportation of lithium batteries,

(4) Informed persons of recommendations that we received from the National Transportation Safety Board (NTSB) on the transportation of lithium batteries and our response to those recommendations, (5) Informed persons of the actions we have taken to date and plan to take in the future to address the hazards of these batteries, and (6) Provided information concerning initiatives being taken by members of the battery manufacturing and distribution industry to address concerns these batteries. relating to transportation of these batteries.

THE SAFETY BOARD IS PLEASED THAT RSPA IS TAKING THE ACTION RECOMMENDED. PENDING THE RESULTS OF RSPA'S EVALUATION AND THE INITIATION OF RULEMAKING, A-99-82 IS CLASSIFIED "OPEN--ACCEPTABLE RESPONSE."

Letter Mail Controlled 04/06/2000 3:33:05 PM MC# 2000498 AS NOTED IN OUR RESPONSE TO A-99-81, RSPA BELIEVES THAT THE RISKS PRESENTED BY LITHIUM BATTERIES CAN BE MITIGATED IF THE BATTERIES ARE APPROPRIATELY PACKAGED AND HANDLED IN TRANSPORTATION, AND THE HAZARDS OF DAMAGED LITHIUM BATTERIES ARE UNDERSTOOD BY CARGO HANDLING PERSONNEL. THEREFORE, BASED ON THE FINDINGS OF OUR EVALUATION, RSPA WILL INITIATE RULEMAKING ACTION AS NECESSARY TO ADDRESS THE CLASSIFICATION, HAZARD COMMUNICATION, PACKAGING AND OPERATIONAL CONTROLS NEEDED TO MINIMIZE THE RISKS ASSOCIATED WITH THE TRANPORTATION OF LITHIUM BATTERIES ABOARD AIRCRAFT.