Attachment

The National Air Carrier Association (NACA) , on behalf of its ten member airlines is pleased to have the opportunity to comment on the Hazardous Materials, Batteries and Battery-Powered Devices Notice of Proposed Rulemaking (NPRM). Our comments are as follows: 1. Sections 173.162, 173.164, 173.166, 173.186, 173.306, 173.307: The requirement to indicate "Not Restricted" on the Air Waybill is good, and consistent with current IATA requirements; however, in many cases it is not the "consignor" who is preparing the bill, rather it is the freight forwarder or the operator. In this case, the idea that this statement allows the forwarder or operator "to verify that the consignor is aware of, and has complied with, the applicable regulatory requirements" does not hold true. Perhaps a requirement for the consignor to submit written verification to the forwarder/operator that the consignment has been determined "Not Restricted", and/or the forwarder/operator to verify "Not Restricted" by citing the current regulatory requirements and requiring the consignor to endorse same on the AWB would be more effective. 2. Section 175.75: The proposed allowance for CAO shipments to be loaded in a cargo compartment with smoke/fire detection/suppression makes good sense for all hazard classes except Class 8. A leaking corrosive substance would then not be discovered until substantial damage has possibly been done to the aircraft and/or other cargo. In keeping with the other provisions of Section 175.75, this could allow 25L of a CAO corrosive liquid to be loaded in each inaccessible compartment - enough to do a lot of damage. 3. In regard to section 172. 159a requiring removal of a non spillable battery and placement in packaging marked "NONSPILLABLE BATTERY" we believe this would require air carriers to purchase new containers to meet this requirement. Some of our carriers currently only keep on hand containers marked "Battery, wet with wheelchair" and "Corrosive" so the requirement for non- spillable battery containers would require additional purchase and stocking of a sufficient number to meet a possible need at multiple locations. We appreciate your consideration of our views in this process. Sincerely, ____________________________ Ty Prettyman Director, Technical Operations National Air Carrier Association