ATA HMC COMAT Taskforce — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation DEC 15 2005 400 Seventh Street, S.W. Washington, D.C. 20590 Pipeline and Hazardous Materials Safety Administration Mr. Les Adolph Chairman, ATA HMC COMAT Taskforce Ref. No. 04-0283 3900 North Mingo Road P.O. Box 582809 MD-517 Tulsa, OK 74116 Dear Mr. Adolph: This is in response to your letter and subsequent conversation with a member of my staff concerning the transportation of primary lithium batteries and cells aboard passenger aircraft in accordance with the requirements in the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) adopted under Docket HM-224E (December 15, 2004). You state that in order to ensure proper operation of a defibrillator during flight, in particular in order to be able to service multiple patients on a given flight, it is necessary to transport the defibrillator with an extra battery supply. You ask if the transportation of a defibrillator with an extra battery supply conforms to the requirement in Special Provision A101(b) that states that the package may contain no more than the number of lithium batteries or cells necessary to power the intended piece of equipment The answer is no. The HMR as amended by the HM-224E interim final rule, impose a limited prohibition on the offering for transportation and transportation of primary (non-rechargeable) lithium batteries and cells and equipment containing or packed with large primary lithium batteries as cargo aboard passenger-carrying aircraft. This interim final rule applies to both foreign and domestic passenger-carrying aircraft entering, leaving, or operating in the United States and to persons offering primary lithium batterjes and cells for transportation as cargo on any passenger-carrying aircraft. The "extra" primary lithium battery is not necessary to operate the device. Therefore, the "extra" primary lithium battery for your defibrillator may not be transported in accordance with Special provision A10k. I hope this information is helpful. Please contact us if you require additional assistance Sincerely, in t 'Susan Gorsky Acting Director Office of Hazardous Materials Standards 173.185 040283#

Page 2Relerford $173.185 John Gale DOT R&SPA Chief, Standards Development Lithium Batteries 04-0283 Dear Mr. Gale, We are in urgent need of a clarification on shipping as items of replacement the airworthiness required onboard defibrillators, how the new prohibition or transportation of primary lithium batteries and cells aboard passenger aircraft rulemaking and special provision A101 applies. AC 121-33A, question 10, acknowledges, with implied approval, the option of carrying an extra battery with these defibrillators. In order to avoid delays and possible cancellations, most long battery. A battery may become unusable if it fails or is used to monitor/shock for haul carriers have decided to carry extra equipment, including an additional several hours on a long flight. The industry's question is where as special provision A101, b. states "The package contains no more than the number of lithium batteries or cells necessary to power the intended piece of equipment". Where all of the other requirements of the special provision are met, can the practice of shipping the defibrillator with the backup battery be continued? These airworthiness required defibrillators have proven to have saved many lives and we feel that the current practice should continue. Best regards, Les Adolph Chairman, ATA HMC COMAT Task Force#