PRBA Welcomes PHMSA Plan to Harmonize U.S Air Shipment Rules For Lithium Batteries with International Standards

The Portable Rechargeable Battery Association (PRBA) has filed comments with the U.S. Pipeline and Hazardous Materials Safety Administration (PHMSA) that "fully-support" proposed regulations that would harmonize U.S. requirements for the air shipment of lithium batteries with international rules adopted earlier this year.

"Overall, PHMSA is moving in the right direction. The proposed regulations will advance the air safety goals that are most important to our members," said PRBA Executive Director George Kerchner.

PRBA filed its comments along with others from a 20-member coalition of trade associations and companies that includes manufacturers of batteries, consumer electronics and medical devices as well as air freight companies and retailers.

"Harmonization of the HMR (U.S. Hazardous Materials Regulation) with requirements being put in place in the remainder of the world will enhance safety by avoiding the burdens of complying with multiple and inconsistent safety requirements," according to the comments filed with PHMSA.

PHMSA’s 2010 proposal for lithium batteries failed to harmonize with the international regulations and was criticized by the business community and others. In February 2012, the ICAO Dangerous Goods Panel adopted safety standards for battery shipments that are more stringent than the existing U.S. regulations. The recently enacted FAA Modernization and Reform Act required PHMSA to conform its regulations with international requirements for the labeling, marking, packaging and transport of lithium batteries. This is what PHMSA presents in its currently-proposed regulatory package.

Any provisions included in the agency’s earlier proposal related to lithium battery cargo quantity and storage limitations on aircraft, testing requirements, and hazardous materials training requirements that are more stringent than the ICAO Technical Instructions should not be included in PHMSA’s final rule on lithium batteries, PRBA emphasized in the comments.

PRBA also requested that PHMSA avoid establishing regulations that would endanger ongoing and successful battery product stewardship programs in the United States. "If PHMSA were to require hazardous materials training for all shippers of excepted cells and batteries offered for recycling and transported by motor vehicles, it would likely shut down every national battery collection program currently operating in the U.S.," PRBA cautioned.

The business coalition said PHMSA should include several of the agency’s earlier proposals in the final rule, including:

-- Replacement of the equivalent lithium content requirements for lithium cells and batteries.

-- Providing exceptions for "small" and "medium" size batteries shipped by automobile and rail.

-- Authorizing shipments of prototype lithium ion batteries in vehicles without an approval.

-- Authorizing shipments of "small production" and prototype lithium cells and batteries consistent with the IMDG and ICAO Technical Instructions.