#INTHEAIREVERYWHERE

Left to right— Ambassador of the Federal Republic of Germany in Japan Dr. Hans Carl von Werthern; Chairman and CEO of Lufthansa Cargo Peter Gerber and Senior Vice President of Narita International Airport Corporation Tokuhisa Takano.

     'Konnichiwa Japan’ (Good Day Japan) is well-known term of endearment. It’s also a new name proudly carried aloft by an MD11 freighter of Lufthansa Cargo that is serving destinations worldwide, including between Japan and Germany.
     “The ‘Konnichiwa Japan’ greeting on our aircraft underscores the special bond between Lufthansa Cargo and Japan,” said Chairman and CEO of Lufthansa Cargo Peter Gerber.
     Herr Gerber spoke as the aircraft was dedicated in Tokyo with Ambassador of the Federal Republic of Germany in Japan Dr. Hans Carl von Werthern, and Senior Vice President of Narita International Airport Corporation Tokuhisa Takano in attendance.
     As part of a campaign to heighten awareness worldwide of traditional Japanese culture—advanced recently by Narita—a barrel of sake was rolled out to bless the aircraft in a traditional Japanese ceremony as it readied for flight.
     Herr Gerber proclaimed:
     “As the market leader of the air cargo business from Japan to Europe, ‘Konnichiwa Japan’ (D-ALCG) speaks of an ongoing cooperation and friendship between Germany and Japan that in air cargo dates back to our first freighter flights in 1969.”
     “Kampai all around, and many happy landings,” we say.
Geoffrey

By and large, the shippers, handlers, and distributors of Lithium batteries are likely tired of ongoing and incomprehensive changes pertinent to the regulatory requirements for those oh-so troublesome batteries.
     At this point FT readers are probably up to their ears in different opinions about the hazard potential of these batteries, and regulators and industry associations such as IATA and PRBA have not always done their best to clarify the issues at hand.
     Well, if you can stand to hear more about it—here’s some further information as the assault & battery continues.

Hope Floats

     The shipping community, or at least 99.25% of the aforementioned, is obliged to follow the most recent edition of the IATA Dangerous Goods Regulations, (IATA DGR) and in particular to the Packing Instructions 965 to 970, which deal with the requirements applicable to the various types and forms of Lithium metal and Lithium Ion batteries.

DGR Rules & Regulations

      These rules are consistent with the Technical Instructions for the Safe Transport of Dangerous Goods by Air published by ICAO, and thus form the recognized legal basis for the international transport of dangerous goods by air.

Some Straight Talk Helps

      The preface of the IATA Dangerous Goods Regulations is quite precise, stating “The IATA Dangerous Goods Regulations are published by the IATA Dangerous Goods Board pursuant to IATA Resolutions 618 and 619 and constitute a manual of industry carrier regulations to be followed by all IATA Member airlines.
     “This edition of the IATA Regulations is based on the requirements of Annex 18 to the Convention on International Civil Aviation (Chicago, 1944) and the 2013–2014 Edition of the associated Technical Instructions for the Safe Transport of Dangerous Goods by Air (Doc 9284—AN/905), including addenda to the 2013–2014 Technical Instructions, adopted by the Council of ICAO and published by ICAO.”
     IATA DGR continues with some self-appraisal, explaining that “in developing its Regulations, IATA has drawn on its extensive experience to give special attention to the format and wording of these Regulations to make this a readily understandable and easy-to-use manual.”
     But some viewing the manual quickly recognize that by comparison with the ICAO TI this IATA document is neither “readily understandable” nor “easy to use.”
     Alas, once upon a time structure, format, and comprehensive examples were always something for which IATA’s manuals—not limited to the Dangerous Goods regulations—were prized.
     IATA has—for good reasons—imposed additional requirements on the transport of dangerous goods, explaining, “there are certain differences between the IATA and ICAO regulations which stem from operational considerations and result in a regulatory regime which is necessarily more restrictive than the ICAO requirements.”
     These differences are identified by the “pointing finger” symbol appearing in the margin.
     The IATA Regulations also incorporate additional material of “practical assistance to users.”
     For obvious reasons, since the IATA Dangerous Goods is presented as a technical manual, a multitude of standards and regulatory documents are referenced throughout the piece, such as standards and criteria from the UN, WHO, and ISO as well as certain national standards such as ASTM (American Society for Testing Materials, DIN (Deutsches Institut fuer Normung), and others, where the use of such standards is permitted or required.
     Subsequently, for the construction standards applicable to Lithium batteries, the IATA DGR (as well as the ICAO TI) refer to subsection 38.3 of part III of the UN Manual of Tests and Criteria.
     One would expect that where the legal source—the ICAO TI—is not clear or does not offer sufficient references, IATA might make use of their privilege to put in some additional explanation or reference, but that does not appear to be the case.

Powering Data Loggers

     One often-overlooked issue pertinent to the provisions applicable to Lithium batteries is the problem of so-called “active devices” and PED’s (Personal Electronic Devices).
     More often than not, perishable cargoes (such as vaccines, pharmaceuticals, blood and live organs, as well as perishable foodstuff) are shipped using small data loggers, which record ambient conditions such as temperature, moisture, and pressure to detect any deviation from the requirements applicable to the particular cargo.
     Indeed, these data loggers are an indispensable tool, particularly for pharma shippers, and help to maintain safe conditions.
     Since small lithium batteries (typically the “excepted” Lithium-metal type addressed in section II of Packing Instruction 970) power most of these data loggers, both the IATA DGR and the ICAO TI make the following provision:
     “Each package containing more than four cells or more than two batteries installed in equipment must be labelled with a lithium battery handling label (Figure 7.4.H), except for button cell batteries installed in equipment (including circuit boards).”
     You may have to read the aforementioned sentence a couple of times, but in essence it means that any gadget or device incorporating two or less batteries or four or less cells of the so-called “excepted” type are not subject to any declaration requirement, meaning there is no requirement to label, mark, or otherwise indicate the presence of these batteries anywhere on the transport documents.
     While that befits the needs of corporate shippers—laptop computers, for example, usually meet these requirements—this provision causes a multitude of problems to GHA and airline staff and is actually detrimental to the thought of safety, since one core issue taught in any dangerous goods training is the importance of detecting hidden or undeclared dangerous goods, and subsection 2.2.2 of the IATA DGR consequently stipulates:
     “Cargo declared under a general description may contain hazardous articles that are not apparent.
     “Such articles may also be found in baggage. With the aim of preventing undeclared dangerous goods from being loaded on an aircraft and passengers from taking on board those dangerous goods which they are not permitted to have in their baggage, cargo and passenger acceptance staff should seek confirmation from shippers and passengers about the contents of any item of cargo or baggage where there are suspicions that it may contain dangerous goods.”
     The IATA DGR goes on in 2.2.4 to require that where shippers offer packages with descriptions such as electronic devices or electricals, they “must be asked to check their consignments against the class definitions and Special Provisions in the Regulations and confirm by endorsement of the ‘Air Waybill’ that no part of the package contents is dangerous. e.g. ‘Not restricted’.”
     In practice this means that GHA and airline more often than not must stop consignments with Lithium batteries, which do not require declaration because there is nothing to distinguish these from undeclared dangerous goods.
     This clearly wastes resources on the GHA and airline side—resources that might be better spent elsewhere in the interest of a good safety regime.
     But there is more.
     Data loggers are active, or in operation, throughout the flight.
     This is also addressed in Packing Instruction 967 (applicable to Lithium Ion batteries contained in equipment) and Packing Instruction 970 (applicable to Lithium metal batteries contained in equipment). Here, IATA states:
     “Devices such as radio frequency identification (RFID) tags, watches and temperature loggers, which are not capable of generating a dangerous evolution of heat, may be transported when intentionally active.
     “When active, these devices must meet defined standards for electromagnetic radiation to ensure that the operation of the device does not interfere with aircraft systems.”
     So the question must be asked: which standards?
     Neither ICAO nor IATA elaborate on that point, and the lack of clarity leaves shippers, GHAs, and airlines in regulatory limbo.
     Put another way, in pertinent regulatory guidance provided by their dangerous goods department IATA acknowledges that such data loggers, when transported to, from, and through the U.S. must comply with applicable FAA standards.
     But for reasons unknown they have failed to give similar recognition to the harmonized standards of the European Community (EC).
     EC Directive 2004/108/EC— which is binding in all 27 EC member states—requires that for such “active devices,” the electromagnetic emissions emitted by such devices comply with the thresholds’ stipulated therein and be certified.
     Another EC directive, 2014/965/EC, in sections Cat.Gen.MPA140 and 200, states:
     “The operator shall not permit any person to use a portable electronic device (PED) on board an aircraft that could adversely affect the performance of the aircraft’s systems and equipment, and shall take all reasonable measures to prevent such use.”
     These limitations also apply to active devices being carried as or within cargo, and a number of European states have further requirements in their national legislation applicable to electronic devices being active during flight and not being part of the aircraft’s equipment.

Proactive Manufacture

     Some manufacturers of data loggers such as SensiTech, Inc. have, for the sake of meeting the multifold and onerous regulatory requirements in different states, been quite proactive and provide extensive documentation and support to the user community.
     Others, however, simply distribute their products which are usually shipped undeclared —quite in accordance with regulatory guidance given by IATA— since indeed their dangerous goods components do not require declaration, but the fact of them being active would—at least for transport to, from, and through Europe—require the consent of the airline and sometimes notification to the pilot in command so as to enable him to carry out his right of refusing passengers or cargoes.
     While the latter is usually a rather theoretical option, it is nevertheless a requirement with which airlines must comply.
     And since these data loggers do not come cheap, they must somehow be returned to the shipper.      More often than not this is done by simply mail shipping them undeclared, although very few states permit their designated postal operators to mail ship excepted lithium batteries contained in equipment—the U.S. being one of the few countries where such practice is permitted.
     From an overly expensive $300 USD manual such as the IATA Dangerous Goods Regulations, one would expect answers—or at least references—to the questions and issues pertinent to so pressing an issue.
     Well, if wishes were knishes, it seems reasonable to surmise that at the very least, IATA still has some homework to do.
Jens