A Final Rule to amend the 49 CFR Hazardous Materials Regulations (HMR) for lithium battery shipments takes effect on January 20, . Published to the Federal Register just before the winter holidays, the new Rule replaces an Interim Final Rule (IFR) that's been in effect for nearly four years.
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Most of the amendments in the Final Rule have been effective since March , when US DOT published an Interim Final Rule to harmonize its lithium battery air shipping regulations with international standards. Some of the changes appeared in earlier editions of the ICAO Technical Instructions (TI) and the IATA Dangerous Goods Regulations as well.
While the December Final Rule is largely consistent with the IFR, shippers should take note of some important revisions.
The Final Rule:
The Final Rule also adds an exception for air shipments of replacement lithium cells or batteries that power medical equipment (in some cases) and updates the HMR provisions that authorize the use of international standards for shipments that travel by air or vessel.
The Interim Final Rule added a new marking requirement for some excepted lithium cells or batteries shipped by ANY mode of transportation. Shipments of excepted lithium cells or batteries must be marked with the Cargo Aircraft Only (CAO) label or a permitted alternate marking shown below when:
In lieu of the CAO label, the Interim Final Rule allowed shippers to mark these packages with one of three phrases (as applicable):
New: The Final Rule adds a fourth alternate marking option that shippers may use instead of the CAO label:
From the Final Rule:
"Although PHMSA acknowledges this requirement is burdensome on persons who offer smaller lithium ion cells and batteries by modes other than aircraft, PHMSA determined that this hazard communication requirement across all modes ensures that smaller lithium ion cells and batteries are not accidentally or unintentionally offered as cargo on passenger aircraft."
[87 FR , 12/21/22]
To ensure that batteries needed to power life-saving medical equipment can reach areas of the US that are not served by cargo aircraft every day, PHMSA added an exception for medical devices in the Final Rule.
With approval from PHMSA, a shipper may offer a maximum of two replacement lithium cells or batteries specifically used for medical devices as cargo on passenger aircraft. When certain provisions are met, these replacement cells or batteries may be excepted from the 30% state-of-charge restriction.
Because PHMSA&#;s lithium battery regulations are not totally consistent with international requirements, the Final Rule adds clarifying language to the HMR provisions that allow shippers to follow international regulations for shipments that travel by air or vessel.
The Final Rule amends 49 CFR 171.12, 171.24, and 171.25&#;which lay out additional requirements for shippers following the ICAO Technical Instructions (TI) or the IMDG Code&#;to specify that:
The full text of the Final Rule was published to the December 21 Federal Register.
Lion's Shipping Lithium Batteries online course prepares shippers to navigate and apply the regulations for shipping lithium batteries alone, in-equipment, or with-equipment by ground, air, and vessel, including the latest IATA DGR standards for air shippers in effect for .
The course provides hazmat general awareness, security awareness, and function-specific training to help satisfy US DOT (49 CFR), IATA DGR, and IMDG Code training mandates for logistics leaders and hazmat employees involved in shipping lithium batteries by all modes of transportation (Learn more).
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Browse all upcoming workshops, including training coming in , at Lion.com/Hazmat.
Tags: hazardous materials, hazmat shipping, lithium batteries, lithium batteries by air
A rule to align the 49 CFR Hazardous Materials Regulations (HMR) with international standards will take effect on May 10 and includes several updates related to shipping lithium batteries.
Updates in this rule for air or vessel transportation only have been in effect internationally for a year or more already as part of the IATA DGR and/or the IMDG Code. This DOT rule also includes two key rule changes for shippers of lithium batteries by highway and/or rail.
The battery mark pictured at right includes space for two pieces of information&#;a UN identification number (*) and a number to call for more information about the shipment (**).
This rule removes the requirement to include a number on the lithium battery mark. Highway and rail shippers may continue to use the mark with a number until December 31, .
See the full Final Rule in the Federal Register.For lithium battery manufacturers and distributors, US DOT added an exception to the Test Summary requirement for buttons cells installed in equipment manufactured on or after January 1, , including circuit boards.
A lithium battery Test Summary is a document detailing the rigorous testing that lithium batteries go through before they can be offered into transportation. The requirement for manufacturers and distributors to make a Test Summary available to downstream shippers and consumers took effect in .
The updates for lithium battery shippers are only a fraction of the revisions in DOT&#;s recent rule to harmonize the hazmat regulations with international standards. Regulators also added or revised provisions related to hazmat special provisions, classification of corrosive materials, gas cylinders, self-reactive materials, and consumer commodities.
Lion Members can see a summary of revised provisions from the Final Rule in the Member Bulletin posted to Lion.com/Members in April .
Get trusted step-by-step training to ship lithium batteries in full compliance with the latest US and international regulations for ground, air, and vessel transportation. Learn online at your own pace with the Shipping Lithium Batteries Online Course . Or check out the schedule of instructor-led webinars and join us live.
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