Coalition Letter in Opposition to Section 201 of HR 4016

Commercial aviation helps drive more than 10M American jobs and 5 cents of every dollar of U.S. GDP
Commercial aviation drives more than $1 trillion per year in economic activity
In 2012, U.S. airlines moved more than 48,000 tons of cargo per day
In 2012, the value of a kilogram of U.S. merchandise exported by air averaged 121 times the value exported by sea
For every 100 airline jobs, some 360 are supported outside of the airline industry
Federal taxes constitute $61 – or 20% – of the price of a typical $300 domestic round-trip ticket
In 2011, U.S. airlines carried 16 percent more passengers and cargo using 10 percent less fuel than in 2000
Domestically, airlines drive 5% of economic activity but account for 2% of man-made GHG emissions
From 2000-2011, airlines reduced GHG emissions by 11% while transporting 16% more passengers and cargo
From 1975-2011, U.S. airlines and their partners reduced significant noise exposure by 99%
Commercial air travel is the safest form of intercity transportation in the United States
In the most recent decade, scheduled air service on U.S. airlines was seven times safer than in the 1970s
From 2000-2012, U.S. airlines improved the on-time arrival rate from 72.6% to 81.9%
From 2000-2012, U.S. airlines reduced the flight cancellation rate sharply from 3.30% to 1.29%
Airfares are a bargain: From 2000-2012, U.S. CPI rose 33% while average domestic fare rose just 14%
Adjusted for inflation, the average round-trip domestic airfare fell 15% from 2000
2007 domestic flight delays cost the United States approximately $31 billion
In 2012, the value of U.S. merchandise exported by air reached an all-time high of $427B
In 2012, U.S. exports of air-travel services reached an all-time high of $39.5B, driving a $5.1B trade surplus
In 2012, U.S. passenger and cargo airlines spent more than $50B on fuel, averaging 36% of operating expenses
In 2012, U.S. airlines posted the lowest annual rate of mishandled baggage ever recorded
FAA projects U.S. air travel demand to top 1 billion passengers in 2027
In 2012, US airlines flew 83.4 million passengers in scheduled international service - a record high
In 2012, the total value of merchandise exported from or imported to the United States by air exceeded $927 billion
In 2012, 7.15 teragrams of merchandise was exported from or imported to the United States by air

	Coalition Letter in Opposition to Section 201 of HR 4016
	PubZone1 November 16, 2009 The Honorable James Oberstar Chairman Committee on Transportation and Infrastructure 2165 Rayburn House Office Building Washington, DC 20515 The Honorable John Mica Ranking Member Committee on Transportation and Infrastructure 2165 Rayburn House Office Building Washington, DC 20515 Re: Opposition to Section 201 of H.R. 4016 Dear Chairman Oberstar and Ranking Member Mica: The undersigned national and international trade associations and companies are committed to assuring air transportation safety, but are compelled to oppose Section 201 of the Hazardous Materials Transportation Safety Act of 2009 (H.R. 4016). We believe this provision is unnecessary and actually will undermine the goals it purports to serve. Two events since the inclusion of a prior version of Section 201 in the Surface Transportation Reauthorization Act have eliminated the need for any further legislative rulemaking mandate, other than perhaps a directive to PHMSA to conform U.S. rules to the more restrictive provisions already in place internationally. These are: The preparation by PHMSA and FAA of a proposed regulatory package, for public comment. That proposal is currently under review at the Office of Management and Budget, and is certain to be published and have its comment period close prior to enactment of Section 201. Thus, Congressional action on this subject is likely to delay, rather than accelerate, attention to the issue of lithium battery transportation, since the rulemaking record likely will have to be reopened to address any issues specified in the legislation that were not already highlighted for comment in the PHMSA proposal. The International Civil Aviation Organization’s (ICAO) Technical Instructions for the Safe Transport of Dangerous Goods by Air impose generally tougher restrictions on the air cargo shipment of lithium metal and lithium ion batteries than do current U.S. regulations. (Unlike U.S. regulations, however, the ICAO Technical Instructions do not ban shipment of lithium metal batteries as cargo on passenger aircraft.) At a meeting held in Montreal last month, the ICAO Dangerous Goods Panel reconsidered those regulations and made a few revisions, but explicitly rejected requests to substantially revise them. This decision was reached not because ICAO disputes the importance of addressing all of the concerns underlying Section 201, but precisely because that expert body already has done so. As a result, appropriate regulatory provisions are now incorporated in regulatory requirements effective everywhere but in the U.S. All countries except the U.S., Spain and Russia voted against substantial modifications. If the U.S. now adopts regulations that are inconsistent with the international scheme, it will drive jobs from the U.S. as air deliveries are made to Canadian or Mexican facilities so that multiple and far more expensive U.S. air transportation packaging and marking requirements can be avoided. Companies will be incentivized to move R&D programs out of the U.S. due to the overly burdensome transportation regulations. This would be a direct conflict with Congress, President Obama’s and DOE’s goal to accelerate the manufacturing and deployment of the next generation of lithium ion batteries that will power hybrid and electric vehicles. Also, U.S. consumers will see unnecessary delays in the delivery of state-of-the-art products, most of which are manufactured in Asia. The value of Congressional action on this subject at this time thus principally would be to guide PHMSA and FAA in the completion of the rulemaking activities that already are underway. To this end, the most important steps the Congress can take are: (1) to emphasize the need to avoid disadvantaging U.S. business and consumers as a result of battery air transportation requirements that are substantially different from those applicable to shipments elsewhere in the world; (2) to make sure any regulatory actions are focused on air cargo transportation of lithium metal and lithium-ion cells and batteries, not the transportation of products powered by such cells and batteries; and (3) to eliminate any misimpressions regulatory staffs may have as to Congressional intentions. Thank you for consideration of our views. Sincerely, Air Forwarders Association Air Transport Association Association of International Automobile Manufacturers Black & Decker (U.S.), Inc. Cargo Airline Association Cell-Con, Inc. Consumer Electronics Association CTIA – The Wireless Association Crown Battery Manufacturing Company Digi-Key Corporation Fedco Electronics, Inc. Genasun, LLC Hewlett-Packard Information Technology Industry Council Intel Corporation International Air Transport Association International Battery, Inc. Makita U.S.A., Inc. Milwaukee Electric Tool Corporation National Electrical Manufacturers Association (NEMA) Nexergy, Inc. PRBA – The Rechargeable Battery Association Proctor & Gamble SAFT America, Inc. SureFire, LLC TechAmerica PubZone2	A4A advocates measures to support aviation safety, security and well-being.