HR 658 Transporting Lithium Batteries in the United States

Lithium Batteries
Ever since January 11, 2010, when Hazardous Materials docket HM-224F was published concerning Lithium batteries, the entire global shipping and transportation industry was very concerned that the ability to send lithium batteries via air transport was going to be severely restricted in the United States.
In January 2010, the DOT proposed to remove exceptions for small lithium batteries (Section II of the Lithium Battery packing instruction numbers of the IATA/ICAO Regulations), effectively making them fully regulated Class 9 hazardous materials like their medium and large-sized counterparts.

Change of Direction
Approval today, April 5, 2011, by the U.S. House of Representatives of HR 658, the Federal Aviation Administration (FAA) Reauthorization and Reform Act, which includes a provision directing the U.S. Department of Transportation (DOT), to ensure that its regulations governing the air transport of lithium ion or lithium metal batteries and products that contain or are packed with these batteries are no more stringent than international requirements in place at any time. The one exception allowed is the continuance of the U.S. prohibition of air shipment of lithium metal cells and batteries on passenger aircraft.

The House approved HR 658 by a vote of 223-196 and will have to reconcile it with a Senate-passed bill that does not include any provisions pertaining to lithium batteries. The battery provision, offered by Transportation and Infrastructure Committee Chairman John Mica (R-FL), was approved by a bipartisan vote of 251-168.

Chairman Mica's harmonization amendment directs DOT to not issue or enforce any regulations regarding the air transportation of lithium metal cells or batteries, or lithium ion cells or batteries, or products that use them, that are more stringent than requirements pertaining to lithium batteries in the 2011-2012 Edition of the ICAO Technical Instructions for the Safe Transport of Dangerous Goods by Air or any future amendments to those instructions.
Although this Approval is not a Final Rule yet in the transportation regulations of the USA, it gives the transportation industry and shippers of Lithium Batteries the insight necessary for them to make business decisions on the future ability to transport lithium batteries by air in the United States.

FAA proposes $140,000 penalty for undeclared cargo by K-Mart

The Federal Aviation Administration (FAA) recently proposed a $140,000.00 civil penalty against K-Mart, Inc. for allegedly offering two packages to UPS for transportation by air of undeclared hazardous materials (or dangerous goods). The packages were not marked, classified or labeled in accordance with the regulations for transporting hazmat by aircraft.

The packages contained nail polish (classified as paint, a flammable liquid) and aerosol sun block (a flammable gas).

To read the full story, please go to the FAA's website for the official press release.

Federal Aviation Administration Civil Penalties for Alleged Violations of 49 CFR

Recently, the Federal Aviation Administration (FAA) issued a press release with the following proposed penalties against shippers who allegedly violated United States Hazardous Materials Regulations (HMR) for shipping hazardous materials. The penalties are for violations related to flammable liquids and gases. The proposed penalties range from $54,000 to $70,000 and illustrate the importance of regulatory compliance by the FAA.

For all violations in the press release, the hazardous materials were not properly classed, described, packaged, marked or labeled.

To read the full press release, please click on the link below:
http://www.faa.gov/news/press_releases/news_story.cfm?newsId=11601

Federal Aviation Administration conducts testing on lithium-ion and lithium-ion polymer battery cells designed for aicraft power usage

The Federal Aviation Administration (FAA) recently conducted a series of testing in Atlantic City, New Jersey of five different areas of scope involving lithium-ion and lithium-ion polymer battery cells. The report, entitled "Flammability Assessment of Lithium-Ion and Lithium-Ion Polymer Battery Cells Designed for Aircraft Power Usage", outlines the topics of fire exposure, pressure pulse, halon suppression, external short circuit and auto-ignition.

The results of the testing showed that lithium-ion and lithium-ion polymer battery cells could ignite and react violently when exposed to an external fire. Furthermore, testing also showed that halon fire extinguishers could not prevent lithium-ion polymer battery cells from reigniting, despite being able to extinguish all three battery-type fires.

Once the report is viewed, it is understandable why the United States government is proposing additional rules for transport by air of these commodities.

To review the report in its entirely, please refer to the link below for the FAA website:
http://www.fire.tc.faa.gov/pdf/09-55.pdf

(January 2010)