DOT Requests Comments on Lithium Battery Transportation

PHMSA 01-07 NPRM Li Batteries.pdf

On January 07, 2013 (78 FR 1119), the Pipeline and Hazardous Materials Administration (PHMSA) published a notice of proposed rulemaking (NPRM) to request additional comments on the impact of changes to the requirements for the air transport of lithium cells and batteries that have been adopted into the 2013–2014 International Civil Aviation Organization Technical Instructions on the Transport of Dangerous Goods by Air (ICAO Technical Instructions), and subsequently incorporated by reference in a final rule also published on January 07, 2013 (78 FR 1101). PHMSA is considering the long-term impacts of permitting shippers and carriers to choose between compliance with the existing HMR, or compliance with the ICAO Technical Instructions 2013–2014 edition, when transporting batteries domestically by air. Incorporation by reference of the 2013– 2014 Edition of the ICAO Technical Instructions will allow each shipper and carrier to choose the method of compliance that is most appropriate for its operation; likewise, each shipper and carrier will have the responsibility to ensure that the proper method of compliance is chosen for each shipment, since the chosen method may not comply with the ICAO Technical Instructions. PHMSA is also seeking supplemental comments to their Federal Registers published on January 11, 2010 (75 FR 1302) and April 11, 2012 (77 FR 21714). Specifically, PHMSA is seeking comment on whether to require mandatory compliance with the 2013– 2014 ICAO Technical Instructions for all shipments of lithium batteries by air, both foreign and domestic. Based on the comments received, PHMSA may issue a final rule to revise the HMR to reflect the lithium battery provisions specified in the 2013–2014 Edition of the ICAO Technical Instructions. Comments must be received by March 8, 2013.