Skip to main content

Dangerous Goods Regulatory Developments

Regulatory Updates

ER Guide V2

Global Regulatory Requirements for Emergency Response Telephone Numbers Guide

Download Your Copy


Shipping to Mexico Guide V2


Shipping to Mexico Guide

Download Your Copy


Lithium Battery UN 38.3 Test Summaries

PHMSA, Hazardous Materials Regulations (HMR; 49 C.F.R., Parts 171-180). Final Rule, May 11, 2020.

Effective January 1, 2022, for lithium cells and batteries being offered for transport, manufacturers must make available a test summary upon request. The test summary must include a list of specific elements based on the results of the test report outlined under section 38.3 of the UN Manual of Tests and Criteria. This requirement includes all cells and batteries manufactured after January 1, 2008. This PHMSA rule differs from international requirements in two ways. First, it covers batteries manufactured after Jan. 1, 2008, whereas UN 38.3 goes back to 2003. The other difference is the compliance date. PHMSA extended their compliance date from 2020 to January 2022.


Lithium Batteries as Cargo on Passenger Aircraft, State of Charge and Alternative Packaging Provisions

PHMSA Interim Final Rule, March 6, 2019.         

This interim final rule (IFR) which becomes effective immediately amends the HMR to (1) prohibit the transport of lithium-ion cells and batteries as cargo on passenger aircraft; (2) requires all lithium ion cells and batteries to be shipped at not more than a 30 % state of charge on cargo-only aircraft; and (3) limits the use of alternative provisions for small lithium cell or batteries to one package per consignment. The amendments will not restrict passengers or crew members from bringing personal items or electronic devices containing lithium cells or batteries aboard aircraft or restrict the air transport of lithium-ion cells or batteries when packed with or contained in equipment.                

Learn About Our Lithium Battery Solutions

OSHA Interpretation Regarding Lithium-Ion Batteries as Articles

OSHA Hazard Communications Standard, 29 CFR 1910.1200. Letter of Interpretation dated June 23, 2021.

On June 23, 2021, OSHA published an Interpretation Letter responding to the European Portable Battery Association providing clarification that it does not consider lithium-ion batteries to be "articles" under the Hazard Communications Standard (HCS) and are therefore not exempt from the requirement for a Safety Data Sheet. OSHA has stated that it based its decision on public and government information sources showing that lithium-ion battery failure can present a fire/physical hazard and a toxic exposure hazard (e.g., lithium, cobalt) to workers during normal use and foreseeable emergencies.

Learn About Our OSHA Hazard Communication Standard Online Training Course

TSA Announces 100% Screening of International All-Cargo Flights Effective June 30, 2021.

On June 30, 2021, TSA announced that all Importers, Exporters, Carriers, and Freight Forwarders must comply with the ICAO security requirements for 100% screening of all international all-cargo flights. Requirements include screening of cargo to identify and/or detect hidden explosives and institute supply chain security controls that prevent the introduction of concealed explosives into air cargo. This rule is not new and has been in effect for cargo on commercial passenger aircraft since 2010. As a result,  on June 14, 2021, TSA published Federal Register Notice 86, No 112 FR 31512, announcing the Secured Packing Facility (SPF) program. 

Learn About Our Dangerous Goods IATA Training for Air Transportation Online Course

Changes to Packing Instructions for Lithium Cells and Batteries

IATA Dangerous Goods Regulations (DGR), 63rd Edition (2022)

Starting January 2022, packing instructions 965 and 968 have been revised to remove Section II. Small lithium ion and lithium metal batteries and cells will be packaged in accordance with Section IB of Packing Instruction 965 and Packing Instruction 968, as applicable. There is a 3-month transition period to March 31, 2022, to comply with this change. During which time shippers may continue to use Section II.

Learn About Our Lithium Battery Solutions

New International Safety Guidelines for Warehouse Storage of Dangerous Goods in Preparation for Sea-Transport, December 2021

In response to recent warehouse incidents involving improper storage of dangerous goods, including Tianjin, China (2015) and Beirut, Lebanon (2020), a coalition of organizations including ICHCA, IVODGA, National Cargo Bureau, and the World Shipping Council has published a guidance document in the form of a White Paper in December 2021. The document covers topics on warehouse construction, operations, fire protection, security and emergency response and has been endorsed by industry stakeholders such as port operators, insurance companies and associations. It has also been submitted to maritime regulators and the IMO for consideration to be included in international requirements.

Learn About Our Hazmat General, Safety and Security Awareness Online Training Course

This website contains links to other third-party websites. Such links are only for the convenience of the reader, user or browser; CHEMTREC, LLC does not recommend or endorse the contents of the third-party sites.

The information provided on this website does not, and is not intended to, constitute legal or regulatory advice; instead, all information, content, and materials available on this site are for general information purposes only. While CHEMTREC strives to keep this information current, information on this website may not constitute the most up-to-date legal or regulatory information. Readers of this website should contact their attorney or regulatory expert to obtain advice with respect to any particular matter. All liability with respect to actions taken or not taken based on the contents of this site are hereby expressly disclaimed.

    Request A Quote

    Get an estimate for CHEMTREC response services.

    Start A Quote