COMAT batteries subject to the quantity limitations and accessibility requirements

This responds to your September 26, 2007 letter requesting clarification of the requirements in the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the transportation of batteries by aircraft as company material (COMAT). Specifically, you ask whether shipments of COMAT batteries are subject to the quantity limitations and accessibility requirements specified in §175.75 of the HMR.

As noted in your letter, the requirements applicable to the transportation of operator equipment and items of replacement were revised and placed in new §175.8 in a final rule published on March 22, 2006, under Docket HM-228. Section 175.8(a)(3)(ii) specifies that aircraft batteries are not subject to quantity limitations. This section provides two section references as examples of quantity limitations that do not apply to the transportation of aircraft batteries. One of the section references, to §175.75(a), is incorrect; the correct reference is §175.75(c). This error has now been corrected in a final rule under Docket HM-244, entitled "Minor Editorial Corrections and Clarifications" published on October 1, 2007 (72 FR 55678). Note, however, that the inclusion of the section references is not intended to limit the exception from quantity limitation authorized in §175.8(a)(3)(ii). Aircraft batteries are excepted from any quantity limitations, including the limits on the quantity of hazardous materials that may be loaded in an inaccessible manner specified in §175.75(c).