The regulations from the U.S. Pipeline and Hazardous Materials Safety Administration (PHMSA), an agency within the U.S. Department of Transportation, require shippers moving such batteries by all modes of transport to meet specific packaging, hazard communication and documentation requirements.
Any shipment of lithium batteries not contained in equipment will now require hazard markings and accompanying documentation. In the past, shipments of up to 12 “small” batteries (or 24 cells) qualified for relief from these regulations.
The PHMSA’s regulation, ruling HM-224F, is designed to better ensure that lithium cells and batteries are able to withstand normal transportation conditions, are packaged to reduce the possibility of damage that could lead to an unsafe situation and have appropriate hazard communication to inform workers and responders, according to Chicago-based Labelmaster, which provides regulatory consulting and products focused on the transportation of hazardous materials.
The deadline for compliance had previously been pushed back by six months to allow the industry enough time to adjust to the new requirements.
Bob Richard, vice president of regulatory affairs at Chicago-based Labelmaster said the regulations going into effect today largely bring the United States in alignment with global transportation regulations.
“What’s happening tomorrow is not as critical as what we’re facing in the future based on likely changes to air transport regulations,” he said. “The U.S. is adopting rules that align with the rest of the world. Previously, if you had up to 12 batteries, or 24 single cell batteries, no problem to ship it. A lot of retailers ship lithium batteries and the new rules will require them to train employees and make adjustments to their operations. Especially those shipping around the U.S.”
Richard said the issue is particularly problematic for catalog and e-commerce companies that may be assembling shipments based on small orders, not realizing that the entire shipment is crossing the new regulatory thresholds.
For context, the regulations on ground transportation of lithium batteries are not as stringent as those on the air transportation of such batteries, particularly since air cargo often rides in passenger planes whereas trucks are dedicated to cargo. The International Air Transport Association last year released a set of guidelines for shipping lithium batteries by air, while the air cargo carrier Cargolux began banning the shipment of such batteries from May. Labelmaster noted that UPS earlier this year also announced new restrictions on the shipment of lithium batteries.
In additon, Richard noted that most international shippers have been exposed to these regulations before, especially if they ship by air. The bigger issue, Richard said, is what he called a “war on lithium batteries.”
“People don’t understand how prevalent and necessary these batteries are,” he said. “They’re used in so many devices, from weather forecasting satellites to medical devices, even mobility devices for those with disabilities. I was a regulator and I was concerned about the safe transport of lithium batteries. But I think some regulators and pilots associations are too focused in imposing more onerous complicated regulations and not on enhancing enforcement against companies that intentionally ship non-compliant batteries.”
American Shipper reported on the regulatory changes affecting lithium battery transport in its December 2014 issue.
Brokerage Compliance Symposium
The day before F3. Every compliance issue you face - fraud exposure, carrier liability, FMCSA rules, cargo theft, insurance gaps - navigated by attorneys and operators defining best practices in a changing industry.
F3 Awards Dinner
The night before F3. FreightTech100 companies honored. FreightTech 25 and Shipper of Choice winners revealed live. Cocktail reception into dinner and live music - 300 industry leaders in one purpose-built room.
F3: Future of Freight Festival
Industry-defining keynotes, rapid-fire technology demos, and industry leaders networking in experiences across Chattanooga - plus the inaugural F3 Awards Dinner featuring the FreightTech and Shipper of Choice reveals.
The day before F3. Every compliance issue you face - fraud exposure, carrier liability, FMCSA rules, cargo theft, insurance gaps - navigated by attorneys and operators defining best practices in a changing industry.
The Signal at Chattanooga Choo Choo • Chattanooga, TN Register NowThe night before F3. FreightTech100 companies honored. FreightTech 25 and Shipper of Choice winners revealed live. Cocktail reception into dinner and live music - 300 industry leaders in one purpose-built room.
The Signal at Chattanooga Choo Choo • Chattanooga, TN Register NowIndustry-defining keynotes, rapid-fire technology demos, and industry leaders networking in experiences across Chattanooga - plus the inaugural F3 Awards Dinner featuring the FreightTech and Shipper of Choice reveals.
The Signal at Chattanooga Choo Choo • Chattanooga, TN Register Now