Originally, on January 11, 2010, the Pipeline and Hazardous Materials Safety Administration (PHMSA) published a Notice of Proposed Rulemaking (NPRM) to address the air transportation risks posed by lithium cells and batteries. Some of the proposals in the NPRM were intended to harmonize provisions in the Hazardous Materials Regulations (HMR) with provisions in the International Civil Aviation Organization Technical Instruction on the Transport of Dangerous Goods by Air (ICAO Technical Instructions). Other proposals addressed safety concerns arising from research findings from the FAA Technical Center suggesting that current aircraft systems and procedures may not be sufficient to combat a fire involving lithium batteries. Since PHMSA published the original NPRM, there have been many changes in the ICAO standards applicable to the air transport of lithium cells and batteries. Given the increased efficiency in having a uniform global standard, PHMSA is now considering harmonizing the HMR with lithium battery provisions recently adopted by ICAO and which will become effective on January 1, 2013.
Consequently, on April 11, 2012, PHMSA published a Notice of Proposed Rulemaking (NPRM) seeking comments on the impact of changes to the requirements for the air transport of lithium cells and batteries that have been adopted into the 2013 – 2014 ICAO Technical Instructions. PHMSA is considering whether to harmonize with these requirements and is publishing this notice to allow interested persons an opportunity to comment by the May 11, 2012 deadline.
The ICAO Technical Instructions currently assign six separate packing instructions to describe the requirements applicable to the various types and configuration of lithium batteries. Within each of these packing instructions, there are two sections: Section I applies to lithium batteries that are subject to all applicable regulatory requirements and Section II outlines specific requirements that, if met, would allow these shipments to be excepted from many of the provisions associated with hazardous materials. A full report of current standards and changes is available through ICAO.
Comments on this NPRM are due May 11, 2012. In the NPRM, PHMSA provides a list of questions seeking qualitative and quantitative information from the public in order to adequately consider harmonization with ICAO standards. To the extent possible, PHMSA asks commenters, to include specific data with verifiable references to support their statements.
For additional information or further questions regarding the NPRM, please contact Ronce Almond at (202) 457-7790.