{"operation":"document","citation":"04-0283","title":"ATA HMC COMAT Taskforce — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2005-12-15","effective_on":null,"summary":"04-0283 response to ATA HMC COMAT Taskforce concerning 173.185.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0283.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0283.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0283","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2004/040283.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nDEC 15 2005\n400 Seventh Street, S.W.\nWashington, D.C. 20590\nPipeline and\nHazardous Materials Safety\nAdministration\nMr. Les Adolph\nChairman, ATA HMC COMAT Taskforce\nRef. No. 04-0283\n3900 North Mingo Road\nP.O. Box 582809\nMD-517\nTulsa, OK 74116\nDear Mr. Adolph:\nThis is in response to your letter and subsequent conversation with a member of my staff\nconcerning the transportation of primary lithium batteries and cells aboard passenger aircraft in\naccordance with the requirements in the Hazardous Materials Regulations (HMR; 49 CFR Parts\n171-180) adopted under Docket HM-224E (December 15, 2004). You state that in order to\nensure proper operation of a defibrillator during flight, in particular in order to be able to service\nmultiple patients on a given flight, it is necessary to transport the defibrillator with an extra\nbattery supply. You ask if the transportation of a defibrillator with an extra battery supply\nconforms to the requirement in Special Provision A101(b) that states that the package may\ncontain no more than the number of lithium batteries or cells necessary to power the intended\npiece of equipment\nThe answer is no. The HMR as amended by the HM-224E interim final rule, impose a limited\nprohibition on the offering for transportation and transportation of primary (non-rechargeable)\nlithium batteries and cells and equipment containing or packed with large primary lithium\nbatteries as cargo aboard passenger-carrying aircraft. This interim final rule applies to both\nforeign and domestic passenger-carrying aircraft entering, leaving, or operating in the United\nStates and to persons offering primary lithium batterjes and cells for transportation as cargo on\nany passenger-carrying aircraft. The \"extra\" primary lithium battery is not necessary to operate\nthe device. Therefore, the \"extra\" primary lithium battery for your defibrillator may not be\ntransported in accordance with Special provision A10k.\nI hope this information is helpful. Please contact us if you require additional assistance\nSincerely,\nin t\n'Susan Gorsky\nActing Director\nOffice of Hazardous Materials Standards\n173.185\n040283\n\n<<<PAGE 2>>>\n\nRelerford\n$173.185\nJohn Gale\nDOT R&SPA\nChief, Standards Development\nLithium Batteries\n04-0283\nDear Mr. Gale,\nWe are in urgent need of a clarification on shipping as items of replacement the\nairworthiness required onboard defibrillators, how the new prohibition or\ntransportation of primary lithium batteries and cells aboard passenger aircraft\nrulemaking and special provision A101 applies. AC 121-33A, question 10,\nacknowledges, with implied approval, the option of carrying an extra battery with\nthese defibrillators. In order to avoid delays and possible cancellations, most long\nbattery. A battery may become unusable if it fails or is used to monitor/shock for\nhaul carriers have decided to carry extra equipment, including an additional\nseveral hours on a long flight. The industry's question is where as special\nprovision A101, b. states \"The package contains no more than the number of\nlithium batteries or cells necessary to power the intended piece of equipment\".\nWhere all of the other requirements of the special provision are met, can the\npractice of shipping the defibrillator with the backup battery be continued? These\nairworthiness required defibrillators have proven to have saved many lives and\nwe feel that the current practice should continue.\nBest regards,\nLes Adolph\nChairman, ATA HMC COMAT Task Force","truncated":false,"body_characters":3508}