Dassault Falcon — Hazardous Materials Safety Interpretation

Page 1US. Department of Transportation Washington, D.C. 400 Seventh Street, S.W. 20590 Research and Special Programs Administration NOV - 8 2002 Mr. John Ross Dassault Falcon Ref. No. 02-0231 P.O. Box 967 Little Rock, AR 72076 Dear Mr. Ross: This is in response to your e-mail dated September 12, 2002, and subsequent telephone conversation... with Sandra Webb of our staff regarding the transportation of dry cell batteries under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180), Specifically, you ask whether nickel cadmium batteries are subject to the HMR, in particular when transported by aircraft. The answer is no, provided certain conditions are met. In the Hazardous Materials Table, § 172.101 the entry Batteries, dry, not subject to the requirements of this subchapter" references Special provision 130. This provision excepts "Batteries, dry, not subject to the requirements of this subchapter" from regulation when they are offered for transportation in a manner that prevents the dangerous evolution of heat (for example, by effective insulation of exposed terminals). The HMR contains ar overriding provision in § 173.21, Forbidden materials and packages. Materials forbidden by § 173.21 may not be offered for transportation, or transported in commerce. This section extends the forbidden designation beyond materials specifically identified in the Hazardous Materials Table or elsewhere in the HMR, to various additional general categories including electrical devices which are likely to create sparks or generate a dangerous quantity of heat, unless packaged in a manner which precludes such an occurrence. Any electrical device, even one not otherwise subject to the HMR (either by specific exception from the HMR, or because the device and its power source contains no material meeting the definition of a hazardous material), is forbidden from being offered for transportation, or transported, if the device is likely to produce sparks or a dangerous quantity of heat. I hope this satisfies your request. Sincerely, Delmer F. Billings 175.10 Chief, Standards Development iNfif fill mardous Materials Standards 020231#

Page 2: Webk 55175.10. INFOCNTR 171.1 From: To: Sent: john.ross@dfjclr.falconjet.com Thursday, September 12, 2002 12:41 PN Subject: Information Center Comments/Questions Infocntr, Infocntr < RSPA> Air 02-0231 John D. Ross Below is the result of your feedback form. 2002 at 12:41:03. (john.ross@dfjclr.falconjet.com) on Thursday, September 12, was submitted by Email: john.ross@dfjclr.falconjet.com Name: John D. Ross Category: Aircraft (Sections 175.1 - 175.706) Organization: Dassault Falcon Street: P.O. Box 967 City: LITTLE ROCK State: Arkansas Zip Code: 72076 Phone: 501-210-0297 Fax: 501-301-2200 Comments: SUBJECT: Spare Ni-Cad aircraft battery installation I am writing for clarification on the installation and marking requirements in CFR Title 49 for a "spare" on-commercial business jet aircraft (privately/corporate owned) ni-cad battery in a aircraft, etc.) pecial container or cover, labeling, shipping document on boar some power he patter in donut lead a bad dinares near bareer it will not be connected to aircraft wirina while in this "spare' turned on in the aircraft location). Certificated This battery is the same type as is approved and installed in the Type case). It will be installed using the same type tie down hardware anı (TC) aircraft (TSO'd multiple cells in a stainless steel same compartment (which is an equipment bay and not a cargo inderlayment as the TC installation. This installation will be in thi of CFR 14 part 25. compartment). It will be installed to structurally meet the requirements Please send interpretation regarding this matter to the following 1.-#

Page 3address: John D. Ross P. Dassault Falcon Little Rock, AR 72202 0. Box 967, Dept 240 If you have any questions regarding this matter, please call me at (501) 210-0297 or fax at (501) 301-2200. Sincerely, SI. John D. Ross Engineer! Mechanical Design#