November 18, 2009
The Honorable James Oberstar
Chairman, Committee on
Transportation and Infrastructure
House of Representatives
2365 Rayburn House Office Building
Washington, DC 20515
The Honorable John Mica
Ranking Member, Committee on
Transportation and Infrastructure
2313 Rayburn House Office Building
House of Representatives
Washington, DC 20515
Dear Chairman Oberstar and Ranking Member Mica:
The Air Transport Association (ATA) appreciated the opportunity to testify on behalf of its members at Monday’s field hearing in Baltimore, Maryland, regarding hazardous material issues. That hearing revealed the need to examine carefully and thoroughly the issue of the carriage of lithium batteries aboard commercial aircraft. We maintain the position expressed in my November 4, 2009, letter to you that enactment of Section 201 of H.R. 4016 is not warranted at this time because, as stated at the November 16 hearing, the Office of Management and Budget is reviewing a proposed PHMSA lithium battery rule and is expected to release the rule in the coming weeks. That anticipated rulemaking proceeding is the best forum in which to resolve any issues about the transportation of lithium batteries aboard commercial aircraft.
With respect to the proposed legislation, we remain concerned that the language of H.R. 4016 will cause a serious unintended consequence – effectively prohibiting the transport of consumer electronics such as laptops and personal electronic devices containing rechargeable lithium-ion batteries on passenger airlines, and imposing severe limitations on their transportation by all-cargo airlines. The proposed legislation would require that one of three virtually impossible conditions be met in order to ship any electronic device containing lithium batteries, even when batteries are installed in equipment, properly packaged and shipped in a discharged state. First, limiting transporting electronics containing rechargeable batteries to crew-accessible aircraft compartments effectively bans them from being shipped in the belly of passenger aircraft, and restricts stowage to less than 10 percent of available cargo space on most freighter aircraft. Second, fire-resistant containers, the use of which are an alternative in the proposed legislation, do not exist in the marketplace and, once available, are not likely to be seen as a commercially viable option by electronics shippers. Finally, although most cargo compartments on passenger and freighter aircraft are currently equipped with halon fire-suppression systems in accordance with Federal Aviation Administration (FAA) requirements, the fact is that the halon system has not been certified by FAA as capable of extinguishing or controlling a fire involving a lithium cell or battery. The legislation assumes that existing fire-suppression systems are certified. However, until certification becomes a reality, the result of the legislation would be, for the reasons described above, the effective prohibition of the transport of consumer electronics and lithium-ion batteries on all passenger aircraft, and a significant restriction on the transport of lithium-ion batteries by all-cargo airlines.
We appreciate your interest in this important matter but maintain that your most helpful response would be to urge the executive branch to accelerate the initiation of the expected rulemaking proceeding, rather than pursuing this legislation.