On March 12, NFDA submitted comments to the Pipeline and Hazardous Materials Safety Administration, part of the U.S. Department of Transportation, on its proposed rule to regulate lithium batteries transported on passenger aircraft.

NFDA is concerned that caskets and airtrays containing human remains bearing a lithium battery-powered pacemaker or defibrillator would be labeled as "hazardous cargo" under the proposed rule and, therefore, would cause undue emotional distress to families of the decedent, many of whom travel with the deceased.

In its comments, NFDA noted that an exemption already exists for living passengers with implanted lithium battery-powered pacemakers or defibrillators; therefore, it only makes sense to exempt human remains containing lithium battery-powered medical devices from this proposed rule.

NFDA also argued that there is no evidence that lithium battery-powered medical devices have caused a fire, an explosion or any other threat to passenger or aircraft safety, further strengthening the argument that human remains should be exempt from the rule.

NFDA is working with congressional staff to create a similar exemption in the "Hazardous Material Transportation Safety Act of 2009" (H.R. 4016), a bill pending before the House Transportation and Infrastructure Subcommittee on Highways and Transit that, in part, addresses safety issues surrounding lithium batteries on passenger aircraft. In addition, NFDA is working with the Air Transport Association and other interested groups on this issue.

Click here to read the full comments NFDA submitted to the Pipeline and Hazardous Materials Safety Administration on this issue.

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