DOT Proposes New Rules On Lithium Batteries

Developed by DOT’s Pipeline and Hazardous Materials Safety Administration (PHMSA) in coordination with the FAA, the changes strengthen safeguards to ensure that lithium batteries shipped by air can withstand normal transport conditions and are packaged to reduce the possibility of damage, DOT said.

 http://www.phmsa.dot.gov/hazmat/regs/rulemaking/nprm-anprm. Notice of Proposed Rule Making 75 FR 1302-NPRM: Transportation of Lithium Batteries.

 

In tightening requirements for small batteries, the proposed changes eliminate HMR Special Provision 188 which has allowed the use of temperature data loggers as exempt from Class 9 designation. The new small quantity exception limit for batteries with a lithium content that is not deemed to be dangerous is defined in Section 173.185. Exceptions are retained for batteries with lithium content at or below 0.3 grams or a rating of 3.7 Wh (watt-hour) or less.

 

“We do not anticipate any disruption in the manufacturing, supply, distribution, or utilization of our temperature monitoring devices, given that all of our devices utilize power sources that qualify under the “extremely small battery” category,” says Henry Ames, director, strategic marketing, Sensitech (Beverly, MA).

 

The tightened guidelines affect numerous industries and a vast quantity of batteries. Though the Notice of Proposed Rule Making calls for a mandatory compliance date of 75 days after publication of the final rule, FDA is already receiving petitions for extended implementation time frames.

 

The Dangerous Goods Advisory Council has requested an additional 60 days for the comment period, calling the proposal “the most far reaching PHMSA regulatory undertaking in recent times.

 

“(The changes) have the potential of dramatically affecting the cost of transporting lithium batteries and lithium batteries in equipment including consumer items and products transported by industry, DGAC wrote in a letter to DOT.

 

“(The proposed rules) deviate significantly from internationally agreed requirements in which PHMSA played a leading role in developing. The effects on international trade will be substantial,” DGAC wrote.