NTSB · Safety Recommendation
Safety Recommendation A-99-085
Recommendation
THE NTSB RECOMMENDS THAT THE FAA: WITH THE RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION, EVALUATE THE FIRE HAZARDS POSED BY LITHIUM BATTERIES IN AN AIR TRANSPORTATION ENVIRONMENT AND REQUIRE THAT APPROPRIATE SAFETY MEASURES BE TAKEN TO PROTECT AIRCRAFT AND OCCUPANTS. THE EVALUATION SHOULD CONSIDER THE TESTING REQUIREMENTS FOR LITHIUM BATTERIES IN THE UNITED NATION'S TRANSPORT OF DANGEROUS GOODS MANUAL OF TESTS AND CRITERIA, THE INVOLVEMENT OF PACKAGES CONTAINING LARGE QUANTITIES OF TIGHTLY PACKED BATTERIES IN A CARGO COMPARTMENT FIRE, AND THE POSSIBLE EXPOSURE OF BATTERIES TO ROUGH HANDLING IN AN AIR TRANSPORTATION ENVIRONMENT, INCLUDING BEING CRUSHED OR ABRADED OPEN.
Safety Issue and Context
ON 4/28/99, A FIRE DESTROYED FREIGHT, INCLUDING LITHIUM BATTERIES, ON TWO AIRCRAFT CARGO PALLETS AT THE NORTHWEST AIRLINES CARGO FACILITY AT LOS ANGELES INT'L. AIRPORT. THE PALLETS HAD BEEN TAKEN OFF AN INBOUND PASSENGER-CARRYING FLIGHT FROM OSAKA, JAPAN. THE AIRCRAFT WAS A BOEING 747, OPERATED BY NORTHWEST AIRLINES AS FLIGHT 0026. THE NATIONAL TRANSPORTATION SAFETY BOARD'S INVESTIGATION OF THIS INCIDENT REVEALED THAT LITHIUM BATTERIES LIKELY PRESENT A SERIOUS FIRE HAZARD TO AIR TRANSPORTATION REQUIRING IMMEDIATE ATTENTION.
CURRENTLY, LITHIUM BATTERIES OF THE TYPE INVOLVED IN THE APRIL 28 FIRE CAN BE TRANSPORTED ON BOTH PASSENGER-CARRYING AND CARGO-ONLY AIRCRAFT BUT ARE NOT CLASSIFIED AS A HAZARDOUS MATERIAL REQUIRING APPROPRIATE IDENTIFICATION, MARKING, LABELING, AND TESTING.
Response History
June 19, 2008 · NTSB Correspondence · FAA
Since the issuance of this recommendation, the Research and Special Projects Administration has been reorganized, and the Pipeline and Hazardous Materials Safety Administration (PHMSA) now has responsibility for regulations regarding the transportation of hazardous materials, such as lithium batteries. During the Board’s December 4, 2007, meeting, Safety Recommendation A-99-85 was 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.
December 4, 2007 · NTSB Correspondence · FAA
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."
July 6, 2005 · NTSB Correspondence · FAA
The Safety Board notes that in June 2004, the FAA published a report titled Flammability Assessment of Bulk-Packed, Nonrechargeable Lithium Primary Batteries in Transport Category Aircraft, DOT/FAA/AR-04/28, by Harry Webster. This report documents the results of a study conducted at the FAA's William J. Hughes Technical Center that evaluated the fire risk posed by shipment on airplanes of primary (rechargeable) lithium batteries. That study found that such shipments pose a significant fire risk, and on December 29, 2004, RSPA issued an interim final rule to prohibit the shipment of primary lithium batteries as cargo on board passenger-carrying aircraft.
The interim final rule also establishes restrictions for shipping on board passenger-carrying aircraft equipment containing or packed with primary lithium batteries. Under the interim final rule, the number of lithium batteries contained or packed in such equipment cannot exceed the number of batteries needed to power the equipment, and the lithium content of each battery cannot exceed a specified threshold. Further, the gross weight of the package containing the equipment item cannot exceed 5 kg (11 lbs). The ban applies to all U.S. carrier flights and those of foreign carriers into and out of the United States.
The FAA study, and the RSPA rulemaking complete action on this recommendation with respect to primary lithium batteries.
However, the risks posed by shipment of secondary (rechargeable) lithium batteries remains unclear. Different chemistry is involved with operation of these batteries, and both the FAA study and RSPA regulation excluded secondary lithium batteries. However, in the new regulation, RSPA stated in Section IV D, "Secondary Lithium (Rechargeable/Lithium Ion) Batteries and Cells," that the FAA and RSPA have concerns with secondary lithium batteries, but the risks of shipping these batteries with respect to their ability to burn in an atmosphere containing Halon (the fire extinguishing agent used in aircraft cargo holds) are unclear.
That section also states that RSPA and the FAA will continue to study the hazards associated with shipment of secondary lithium batteries. The Safety Board notes that it is currently investigating an incident involving a fire in a package of secondary lithium ion batteries that occurred August 7, 2004, at the FedEx terminal in Memphis, Tennessee.
Although the FAA and RSPA have fully responded to this recommendation with respect to primary lithium batteries, the question of the fire risk posed by secondary lithium batteries remains. Pending investigation of the fire risks posed by the shipment of secondary lithium batteries, and appropriate rulemaking as a result, Safety Recommendation A-99-85 remains classified
February 28, 2005 · Recipient Response · FAA
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. FAA issued a close-out letter requesting classification as "closed, acceptable action."
January 12, 2005 · Recipient Response · FAA
Letter Mail Controlled 1/18/2005 11:54:21 AM MC# 2050016 The Research and Special Programs Administration (RSPA) issued an Interim Final Rule to prohibit shipment of primary (nonrechargeable) lithium batteries as cargo on board passenger-carrying aircraft and equipment containing or packed with large primary lithium batteries. The ban goes into effect December 29, 2004, and will apply to all U.S. carrier flights and those of foreign carriers into and out of the U.S. I have enclosed a copy of the final rule for the Board's information.
I have also enclosed a copy of the report entitled "Flammability Assessment of Bulk-Packed, Nonrechargeable Lithium Primary Batteries in Transport Category Aircraft." This report documents the findings of a series of tests conducted to determine the flammability characteristics of primary lithium batteries and the dangers associated with shipping them in bulk on commercial transport-category aircraft. I believe that the FAA has satisfactorily responded to this safety recommendation, and I look forward to your response.
February 13, 2003 · Recipient Response · FAA
Via Email to NTSB staff: RSPA has informed the FAA that the Tech Center is in the final testing phase of the lithium batteries. The first draft of the evaluation is expected in approximately 2 months. It will be determined what additional safety measures will be required after review of the report.
April 13, 2000 · NTSB Correspondence · FAA
WHILE THE FAA AND RSPA AGREE THAT RSPA SHOULD BE THE LEAD AGENCY FOR THE DEPT. OF TRANSPORTATION ON THIS RECOMMENDATION, PART OF THE RECOMMENDATION ASKS THE FAA TO "..REQUIRE THAT APPROPRIATE SAFETY MEASURES BE TAKEN TO PROTECT AIRCRAFT AND OCCUPANTS.." THE BOARD BELIEVES THAT FOLLOWING THE RECOMMENDED EVALUATION OF THE FIRE HAZARDS POSED BY LITHIUM BATTERIES, THE FAA WILL HAVE A ROLE IN ANY ACTION THAT IS REQUIRED. THEREFORE, THE BOARD CLASSIFIES A-99-85 "OPEN--ACCEPTABLE RESPONSE," PENDING REPORTS BY RSPA AND ANY ACTION THAT RSPA AND THE FAA PLAN TO TAKE.
January 5, 2000 · Recipient Response · FAA
Letter Mail Controlled 01/10/2000 4:40:27 PM MC# 2000042 THE FAA WILL WORK WITH THE RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION (RSPA) IN EVALUATING THE RISKS POSED BY THESE BATTERIES WHEN TRANSPORTED BY AIR. THIS RECOMMENDATION IS IDENTICAL TO A-99-80 ISSUED TO RSPA ON 11/16/99. SINCE RSPA IS THE LEAD AGENCY ON THIS ISSUE, IT IS MORE APPROPRIATE THAT RSPA KEEP THE BOARD INFORMED OF THE STATUS AND OUTCOME OF THIS EFFORT AS OPPOSED TO THE FAA. CONSEQUENTLY, I ASK THAT YOU CLASSIFY A-99-85 IN A "CLOSED" STATUS.