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.

Emergency Response Information (HM-206F) - Final Rule by PHMSA

Emergency Response Information

There is a new rule effective on October 1, 2010, concerning emergency response information on hazardous materials shipping papers for USA territorial purposes (into, out of or through USA).

Summary

In this final rule, PHMSA (Pipeline and Hazardous Materials Safety Administration) is amending the Hazardous Materials Regulations to clarify requirements governing emergency response information services provided by arrangement with hazardous materials offerors (shippers). In order to preserve the effectiveness of these arrangements for providing accurate and timely emergency response information, PHMSA is requiring basic identifying information (offeror name or contract number) to be included on shipping papers. This information will enable the emergency response information provider to identify the offeror on whose behalf it is accepting responsibility for providing emergency response information in the event of a hazardous materials incident and obtain additional information about the hazardous material as needed.

Comments

This rule primarily effects shippers by all modes of transporation. If the person responsible for the emergency response information is other than the person listed on the shipping paper (e.g. a third party company like Chemtrec or Chemtel who provides the emergency response information), then the responsible person name or contract number must appear on the shipping as well.

This would appear normally in the Additional Handling block of the Air Shippers Declaration for Dangerous Goods under the telephone number. On a Bill of Lading (BOL), this additional information must appear where it will be readily identified from other information under the telephone number. On a Vessel Shippers Declaration Form, it will normally appear in the Additional Handling block under the telephone number or in a prominent, readily identifiable, and clearly visible manner that allows the information to be easily and quickly found.

Most carriers (airlines, truck companies, vessel operators) will not have the ability to know when this requirement is to be present on shipping papers. Only the shipper (offeror) will know when this information is required, unless the shipper volunteers the fact on shipping papers that a third party, such as Chemtrec or Chemtel is the emergency response information provider (ERIP). Therefore, in most cases, airlines, trucking companies, and vessel operators will take the emergency response information with or without the "Registered Name or Contract Number" being reflected.

Please use this hyperlink for the full rule HM-206F.