PHMSA Issues Final Rule on Transportation of Lithium Batteries and Cells

Specifically, PHMSA is adopting (with minor changes) amendments to the HMR that were published in the Research and Special Programs Administration's (RSPA's)¹ December 15, 2004 interim final rule, which imposed a limited prohibition on the transportation of primary lithium batteries and cells as cargo aboard passenger-carrying aircraft.²

In addition, the final rule adopts many of the proposed changes to the HMR contained in an RSPA April 2, 2002 proposed rule on the transportation, testing, etc. of lithium batteries and cells.

(See ITT's Online Archives or 12/21/04 news, 04122130, for BP summary of RSPA's interim final rule. Also see links to both the interim final rule and proposed rule below.)

Voluntary Compliance with Final Rule Authorized as of October 1, 2007

PHMSA states that this final rule is effective January 1, 2008, except for certain provisions concerning the transport of packages containing medium-size lithium batteries and cells, which are effective October 1, 2008, and a provision requiring the testing, etc. of small lithium batteries, which is effective October 1, 2009.

However, voluntary compliance with all of the amendments, including those with a delayed mandatory compliance date, is authorized as of October 1, 2007.

Adopts Interim Rule's Prohibition on Transport of Primary Lithium Batteries on Passenger Aircraft

As a result of RSPA's interim final rule, the following requirements are already in effect and are adopted as final:

primary lithium batteries are forbidden for transport aboard passenger aircraft; and

primary lithium batteries transported by any means other than passenger aircraft must be marked ''PRIMARY LITHIUM BATTERIES-FORBIDDEN FOR TRANSPORT ABOARD PASSENGER AIRCRAFT.''

Final Rule Partially Eliminates, Revises Certain Exceptions, Etc.

The final rule will partially eliminate and revise certain exceptions regarding the transportation of lithium batteries, among other things. Highlights of the changes include (partial list):

Partially eliminates exception for medium-size lithium cells/batteries. The final rule relocates the provisions related to medium-size lithium batteries from 49 CFR 173.185 to Special Provision 189 found at 49 CFR 172.102 and eliminates the exception for medium-size lithium batteries and cells of all types transported by aircraft or vessel, but retains a limited exception for ground transportation (i.e., motor vehicle and rail car).

For medium-size lithium batteries and cells transported by motor carrier or rail, the final rule, rather than requiring compliance with the hazard communication and packaging requirements applicable to Class 9 materials, is adopting, with some revisions, a hazard communication and packaging program developed by industry. Under this program, effective October 1, 2008, when transported by motor vehicle or rail car, a package containing medium-size lithium batteries and cells of all types must (partial list):

(1) be marked to indicate it contains lithium batteries and special procedures must be followed in the event that the package is damaged;

(2) be accompanied by a document indicating the package contains lithium batteries and special procedures must be followed in the event that the package is damaged;

(3) weigh no more than 30 kilograms; and

(4) be capable of withstanding a 1.2 meter drop test.

For those packages that are not prepared for air shipment, (i.e., not offered and transported as a Class 9 material) the final rule requires that the package be marked to indicate that they may not be transported by aircraft or vessel.

Small lithium batteries must be tested, size standards revised. In its final rule, PHMSA is amending the HMR by adding Special Provision 188 (for small lithium cells and batteries) to 49 CFR 172.102, which among other things, requires that effective October 1, 2009, small lithium batteries or cells must be of a type proven to meet the requirements of each test in the UN Manual of Tests and Criteria.

The final rule also adopts the proposed size standards for small lithium batteries, which PHMSA states eliminates the distinction between liquid and solid cathode lithium batteries. (See final rule for size and other requirements.)

Airline passengers and crew can carry lithium batteries. The final rule amends 49 CFR 175.10 (exceptions to carriage by aircraft) to allow aircraft passengers and crew to carry lithium battery-powered consumer electronic devices and associated spare lithium batteries. The final rule also clarifies that the proposed battery size limitation for spare batteries also applies to the batteries installed in the device and that spare lithium batteries may only be carried in carry-on luggage and that they must be individually protected against short circuits.

¹RSPA was the predecessor agency to PHMSA.

²PHMSA states that lithium batteries are considered a hazardous material for purposes of transportation regulation because they can overheat and ignite in certain conditions and, once ignited, can be especially difficult to extinguish. In general, the risks posed are a function of the battery size and the likelihood of short-circuiting or rupture.

PHMSA notes that a 1999 fire at a Los Angeles International Airport as well as several other domestic and international incidents (including non-transportation-related fires and product recalls) involving lithium batteries reinforce the actions it is taking in its final rule.

PHMSA contact - John Gale (202) 366-8553

PHMSA final rule (D/Ns PHMSA-02-11989 and PHMSA-04-19886, FR Pub 08/09/07) available at http://a257.g.akamaitech.net/7/257/2422/01jan20071800/edocket.access.gpo.gov/2007/pdf/E7-15213.pdf

Department of Transportation press release on final rule (PHMSA 6-07, dated 08/09/07) available at http://www.dot.gov/affairs/phmsa0607.htm

RSPA interim final rule (D/N RSPA-04-19886, FR Pub 12/15/04), available at http://a257.g.akamaitech.net/7/257/2422/06jun20041800/edocket.access.gpo.gov/2004/pdf/04-27423.pdf

RSPA proposed rule, (D/N RSPA-02-11989, FR Pub 04/02/02) available at http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2002_register&docid=02-7959-filed.pdf