The Pipeline and Hazardous Materials Safety Administration is issuing an interim final rule amending requirements for shipping lithium ion cells and batteries on passenger and cargo aircraft. The interim final rule “prohibits the transport of lithium ion cells and batteries as cargo on passenger aircraft; requires lithium ion cells and batteries to be shipped at not more than a 30 percent state of charge aboard cargo-only aircraft when not packed with or contained in equipment; and limits the use of alternative provisions for small lithium cell or battery shipments to one package per consignment,” PHMSA said. A limited exception is included for replacement batteries for medical devices on passenger aircraft. The interim final rule is intended to align the U.S. Hazardous Materials regulations with the 2015-16 edition of the International Civil Aviation Organization’s Technical Instructions for the Safe Transport of Dangerous Goods by Air. The new regulations take effect March 6, and comments on the interim final rule may be submitted until May 6.
Section 201 Safeguards
Section 201 or “safeguard” actions are steps the President can take to provide temporary relief for an industry through the imposition of tariffs or quotas to create a more competitive environment for said industry. Section 201 actions are considered consistent with U.S. international obligations if they conform to the World Trade Organization’s Agreement on Safeguards. To enact Section 201 Safeguards, a U.S. company must first file a complaint with the International Trade Commission, which then makes a determination if the industry is injured by the importation of the goods in question. If the investigation is affirmative, the President may enact the safeguards.
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