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 of Trade Associations Provide Comments on PHMSA's Lithium Battery Notice of Proposed Rulemaking

Public Policy section: picture of the Capitol dome

May 11, 2012

Filed Electronically Via
Docket No. PHMSA-2009-0095 (HM-224F)

Pipeline and Hazardous Materials Safety Administration
U.S. Department of Transportation
1200 New Jersey Avenue SE
Washington, DC 20590

Re: Comments on HM-224F Lithium Battery Notice of Proposed Rulemaking; request for
additional comments 77 Fed. Reg. 21714 (April 11, 2012)

The undersigned trade associations and companies provide these comments on PHMSA’s
April 11, 2012 HM-224F lithium battery notice of proposed rulemaking; request for
additional comments.

We fully-support PHMSA’s efforts to harmonize the U.S. hazardous materials regulations
(HMR) applicable to the air transport of lithium batteries with lithium battery Packing
Instructions 965 and 968 in the 2013-2014 ICAO Technical Instructions for the Safe
Transport of Dangerous Goods by Air. Those Packing Instructions were adopted at the
February 6-10, 2012 ICAO Dangerous Goods Panel meeting on lithium batteries. Section 828
of FAA Modernization and Reform Act of 2012, Public Law. No.112-95 (February 14, 2012)
demands no less.

In comments filed in response to PHMSA’s January 11, 2010 notice of proposed rulemaking
on lithium batteries, many of the undersigned trade associations and companies called on
PHMSA to set aside most elements in the proposed rule and, instead, harmonize with ICAO
Technical Instructions. Harmonization of the HMR with requirements being put in place in
the remainder of the world will enhance safety by avoiding the burdens of complying with
multiple and inconsistent safety requirements.

We also understand the harmonization requirement of Section 828 of FAA Modernization and
Reform Act of 2012 applies not only to lithium battery marking, labeling and packaging
requirements but also to other issues related to the transportation of these products. These
include, but are not limited to, regulations that address cargo quantity and stowage limitations
on aircraft, testing requirements in accordance with the UN Manual of Tests and Criteria, and
hazardous materials training requirements. Therefore, any provisions included in the January
11, 2010 proposal related to these and other issues applicable to the transportation of lithium
batteries in the HMR that are more stringent than the ICAO Technical Instructions (e.g.,
proposed 49 CFR § 173.185(a)(i)(A)(1) and 49 CFR § 175.75(c)) should not be included in
PHMSA’s final rule on lithium batteries. Doing so would violate the FAA Modernization and
Reform Act of 2012. (We recognize that Section 828 of FAA Modernization and Reform Act
of 2012 authorizes PHMSA to continue its prohibition on the transport of lithium metal
batteries on passenger aircraft. We do not oppose including this prohibition in the final rule.)

In addition to harmonizing with ICAO, we request that PHMSA include in the final rule
several provisions that were in the January 11, 2010 proposal. These include replacement of
the equivalent lithium content requirements for lithium ion cells and batteries; providing
exceptions for “small” and “medium” size lithium cells and batteries shipped by motor
vehicle and rail car; authorizing shipments of prototype lithium ion batteries in vehicles
without an approval; authorizing shipments of “small production” and prototype lithium cells
and batteries consistent with the IMDG Code and ICAO Technical Instructions.

PHMSA also must avoid imposing requirements that would frustrate the continued successful
operation of battery product stewardship programs in the U.S. If PHMSA were to require
hazardous materials training for all shippers of excepted cells and batteries offered for
recycling and transported by motor vehicle, it would likely shut down every national battery
collection program currently operating in U.S.

* * * * * * * * * * * * *
We appreciate your consideration of these comments . Should you have any questions about
our concerns, please contact David Weinberg, counsel to PRBA, which is serving as a
coordinator on this matter. Mr. Weinberg’s email is Dweinberg@wileyrein.com; his
telephone number is (202) 719-7102.

Sincerely,

AdvaMed

Airlines for America

Airforwaders Association

Association of Home Appliance

Manufacturers

Asurion

Boston Scientific

Cargo Airline Association

Consumer Electronics Association.

Consumer Electronics Retailers Coalition

CTIA – The Wireless Association

Dangerous Goods Advisory Council

Express Association of America

Information Technology Industry Council

Motorola Solutions

National Association of Manufacturers

National Electrical Manufacturers

Association

National Retail Federation

PRBA – The Rechargeable Battery

Association

Retail Industry Leaders Association

The International Air Cargo Association

A4A advocates measures to support aviation safety, security and well-being.