Dangerous Goods Regulatory Developments
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.
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.
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.
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.
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.
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