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Congressman Robert E. Latta
Committee on Transportation & Infrastructure
H.R. 4016 – Amendment Statement
November 19, 2009

Thank you, Mr. Chairman and Ranking Member Mica.  Due to ongoing concerns that I have with Section 201 of H.R. 4016, the Hazardous Material Transportation Safety Act of 2009, I am offering an amendment today which will strike this language from the bill.  I initially raised concerns with this language during a hearing on the Highways bill during a Highways Subcommittee hearing back in June.  This specific section adds new requirements to the transportation of lithium cells and batteries.  Since that time I have worked with committee staff on this language, as well as receiving input from stakeholders for this matter in the legislation.  Finally, I attended the field hearing that was held on this bill on Monday in Baltimore, to further work with Subcommittee Chairwoman Brown on this legislation and hear testimony from agency and industry leaders.
      
    The Pipeline and Hazardous Materials Safety Administration – that is, “PHMSA” – and the FAA are already working on rulemaking regarding lithium battery transportation regulation.  Furthermore, that rulemaking will address concerns that Committee Members have raised, in addition to allowing for public input into the matter.  It is my understanding that OMB currently has the rule and it will be announced in the next several weeks to begin the rule making process.  We are all concerned about the safety issues surrounding this matter, however I believe that the additional regulations can be accomplished through appropriate rulemaking without unnecessary legislation.  This process will allow the public to comment on the matter, as well as allow PHMSA and the FAA to offer their expertise that they have in the area of transporting lithium batteries.      
 
    At this time I am unclear about the benefits of including a provision like Section 201 in legislation, especially when these requirements are going to be another thing that is going to be detrimental to manufacturing.   Imposing these requirements could have enormous consequences, both for consumers and for American companies.  This language contains very restrictive requirements that will lead to unnecessary loss of business and revenue, in addition to negative impacts on U.S. battery manufacturers.  At a time when the unemployment rate is over 12% in many parts of my District, Congress cannot pass yet another change that will negatively impact businesses.  
The specific language of the bill restricts placement of batteries in aircraft to “crew accessible” locations, unless the batteries are in fire resistant containers or the aircraft has a fire suppression system in place.   I believe this is a major problem and fear that the practical impact of this language will be to ban lithium batteries and devices that use lithium batteries (i.e., computers, cell phones) from aviation.  Currently, there are no fire resistant containers in existence, and it is not possible to place all batteries in crew accessible location on all planes.  During the hearing in Baltimore on Monday, the witnesses did verify that at this time these containers do not exist.    

Finally, this legislation does not allow for harmonization with the International Civil Aviation Organization (ICAO) standards.   The bill mandates a rule inconsistent with ICAO rules for air transport of hazmat.  In short, it is very important that cargo regulations and requirements be harmonized internationally.  Harmonization best guarantees safety and the provision of commerce, especially in aviation. ICAO has spent extensive time and energy creating agreed-to international standards that have been widely adopted.  Inconsistent rules in the U.S. will drive jobs to Canadian or Mexican facilities, and greatly disrupt the transport of goods in and out of this country.  The flights carrying these items will go to Mexico or Canada which will drive up costs because these goods are being diverted from the U.S.  When I raised this issue at the field hearing in Baltimore this past Monday, Department of Transportation Deputy Secretary Porcari agreed.
In summary, I believe this language will be extremely disruptive to battery manufacturers, and could have negative effects on battery production.  I am offering this amendment to strike the Section 201 language so that the rulemaking process can be completed and commerce is not unduly impeded.  
 
I ask for your support of this amendment.  Thank you and I yield back.

NOTE:  After a roll call vote, Congressman Latta's amendment failed 26-44.  Click here to read Congressman Latta's statement after the vote.