First Officer Mark Rogers (United), director of ALPA’s Dangerous Goods Program, presented the Association’s arguments for tighter restrictions on the shipment of lithium batteries at U.S. Department of Transportation (DOT) headquarters in Washington, D.C., on March 5. His statement was in response to a notice of proposed rulemaking (NPRM) published on January 11 by DOT’s Pipeline and Hazardous Materials Safety Administration (PHMSA), in coordination with the FAA, to assess the safety risks associated with the air transport of lithium cells and batteries.

“ALPA has long voiced concern that current provisions in the hazardous materials regulations governing the transport of lithium batteries by air are inadequate to protect crewmembers, passengers, cargo, and the public,” Rogers said in his remarks. “We applaud the Department of Transportation for this proposed rule-making and recommend that it be adopted largely intact, as it will have significant, positive impact on the safety of the air transportation system.

“When not properly manufactured, packaged, or handled, lithium batteries present a risk of self-combustion, in-flight fire, and the loss of an aircraft and its occupants. . . . ALPA believes that the risk of fire associated with lithium batteries, including lithium batteries packed with or in equipment, is sufficient to justify the elimination of existing regulatory exceptions and their being fully regulated under the Department of Transportation’s hazardous materials regulations,” Rogers said.

Treating lithium batteries as dangerous goods, for shipping purposes, has been slow going for the air cargo industry. Rogers testified in November before the U.S. House Subcommittee on Railroads, Pipelines, and Hazardous Materials, supporting stricter controls through proposed legislation, specifically the Hazardous Material Transportation Act of 2009, but no action has been taken on it.

In 2004, the DOT prohibited the shipments of lithium metal batteries on passenger aircraft. However, lithium batteries can still be transported in unlimited quantities and without being fully declared aboard all-cargo aircraft. Two years ago, the National Transportation Safety Board issued recommendations to PHMSA to remove regulatory exceptions for lithium batteries.