manufactured today contain an electrolyte and have a very high energy level
susceptible to thermal runaway, a chain
reaction leading to self-heating and
release of its stored energy. DOT states
that, “In general, the risks posed by
lithium batteries are a function of battery size (the amount of lithium content and corresponding energy density)
and the likelihood of short-circuiting
or rupture.” In addition, “the quantity
of lithium batteries in a shipment can
also affect the severity of an incident.”
The PHMSA adds that like other
products containing hazardous materials, lithium batteries can be transported
safely, provided appropriate precautions
are taken in design, packaging, handling, and emergency response. Special provisions within the document
clearly indicate that certain types of
lithium batteries may qualify for certain
exemptions.
Every day, ironically, almost every
passenger flight is accompanied by an
endless assortment of lithium batteries. They power laptop and notebook
computers, cameras, calculators, mobile
phones, MP3 and
personal DVD
players, even
onboard heart defibrillator machines
and wristwatches.
Passengers and
crew alike carry
and store them
onboard or place
them in checked
luggage. It has
become part of our
flying routine, and
we think nothing of it. In these
instances of consumer electronics and medical devices, DOT clearly has allowed for these
exceptions (49 CFR Part 175.10).
What was not clear in the regulations, and what has caused a near
“interpretation runaway” among some
airlines, is whether or not devices containing lithium batteries attached to
cargo were covered in the HMR. The
current Code
of Federal
Regulations
as written primarily covers batteries as
cargo—both
bulk and within equipment
itself—or batteries in carry-on or
checked passenger
luggage. It does not
specifically address
electronic data loggers within equipment, which some
believe is left open to
interpretation.
“The gray area in
the current CFR cre-
ated a serious poten-
tial threat to our healthcare system and
overall patient safety,” says Ames. “On
the one hand, one federal agency,
the FDA, strongly suggests the use of
monitoring equipment during trans-
portation of drug product. On the oth-
er hand, another
federal agency, the
DOT, appears to
be saying monitors
are not allowed
in cargo during
transportation.”
This vague contradiction is what
precipitated Delta
Airlines Cargo
Division to issue a
statement to its customers on November 25, 2008,
stating, “Effective
immediately, Delta
Cargo cannot accept shipments containing devices powered by lithium batteries, regardless of the amount of lithium
contained. Such devices include, but
are not limited to temperature-sensitive
shipments.”
The position taken by Delta was
described by Jim Shimko, project manager in the corporate dangerous goods
Sensitech’s Temp-
Tale monitors meet DOT’s exception
requirements for lithium batteries.
Nothing is ever
clear-cut when it
comes to Dangerous
Goods Regulations.
Invariably there
are almost always
exceptions.
group in the following manner: “There
is nothing in the regulations that says
you can ship these types of monitoring
devices along with cargo—but there
is nothing in the regulations that says
you cannot either.” Hence, Delta has
chosen a conservative interpretation of
the regulations despite the fact that the
devices are compliant with the limits
outlined in CFR Part 172.102, section
188. A few other U.S. and international airlines have considered similar
restrictions. Other global regulatory
authorities could follow the DOT official response to this issue and allow
special provisions for small lithium batteries contained in equipment.
EVER-PRESENT EXCEPTIONS
Nothing is ever clear-cut when
it comes to Dangerous Goods Regulations. Invariably there are almost
always exceptions, which DOT refers
to as Special Provisions. 49 CFR Part
172.102 contains Special Provision
188, Small Lithium Cells and Batteries,
which states: “Lithium cells or batteries, including cells and batteries packed
with or contained in equipment, are
not subject to any other requirements
of this subchapter if they meet the following criteria:
