Available Now: 2023 Schedule of Hazmat & RCRA Training
Search

Final Rule: 49 CFR Lithium Battery Regulations Revised

Posted on 12/27/2022 by Lion Technology Inc.

A Final Rule to amend the 49 CFR Hazardous Materials Regulations (HMR) for lithium battery shipments takes effect on January 20, 2023. Published to the Federal Register just before the winter holidays, the new Rule replaces an Interim Final Rule (IFR) that's been in effect for nearly four years.

Most of the amendments in the Final Rule have been effective since March 2019, when US DOT published an Interim Final Rule to harmonize its lithium battery air shipping regulations with international standards. Some of the changes appeared in earlier editions of the ICAO Technical Instructions (TI) and the IATA Dangerous Goods Regulations as well.   

While the December 2022 Final Rule is largely consistent with the 2019 IFR, shippers should take note of some important revisions.

The Final Rule:

  • Prohibits transport of lithium-ion cells and batteries as cargo on passenger aircraft; 
  • Limits lithium cells and batteries to 30 percent state-of-charge (SoC) when shipped alone on cargo-only aircraft (i.e., not in or with equipment); 
  • Limits the use of alternative provisions for smaller lithium cell or battery shipments to one package per consignment; and
  • Adds a labeling/marking requirement for certain shipments of excepted lithium cells or batteries. 

The Final Rule also adds an exception for air shipments of replacement lithium cells or batteries that power medical equipment (in some cases) and updates the HMR provisions that authorize the use of international standards for shipments that travel by air or vessel. 

New Marking Rule for All Modes of Transportation

The 2019 Interim Final Rule added a new marking requirement for some excepted lithium cells or batteries shipped by ANY mode of transportation. Shipments of excepted lithium cells or batteries must be marked with the Cargo Aircraft Only (CAO) label or a permitted alternate marking shown below when:

  • Excepted cells or batteries are shipped alone (UN 3480 and UN 3090); or
  • Excepted cells or batteries with a net weight greater than 5 kg are shipped in- or with-equipment (UN 3481 and UN 3091).

In lieu of the CAO label, the Interim Final Rule allowed shippers to mark these packages with one of three phrases (as applicable):

  • ‘‘PRIMARY LITHIUM BATTERIES — FORBIDDEN FOR TRANSPORT ABOARD PASSENGER AIRCRAFT’’,
  • ‘‘LITHIUM METAL BATTERIES — FORBIDDEN FOR TRANSPORT ABOARD PASSENGER AIRCRAFT’’, or
  • “LITHIUM ION BATTERIES — FORBIDDEN FOR TRANSPORT ABOARD PASSENGER AIRCRAFT’’

New: The Final Rule adds a fourth alternate marking option that shippers may use instead of the CAO label:

  • “LITHIUM BATTERIES—FORBIDDEN FOR TRANSPORT ABOARD PASSENGER AIRCRAFT”

From the Final Rule: 

"Although PHMSA acknowledges this requirement is burdensome on persons who offer smaller lithium ion cells and batteries by modes other than aircraft, PHMSA determined that this hazard communication requirement across all modes ensures that smaller lithium ion cells and batteries are not accidentally or unintentionally offered as cargo on passenger aircraft." 

[87 FR 78003, 12/21/22]

Final Rule: 49 CFR Lithium Battery Regulations Revised

New: Exception for Medical Devices

To ensure that batteries needed to power life-saving medical equipment can reach areas of the US that are not served by cargo aircraft every day, PHMSA added an exception for medical devices in the Final Rule.  

With approval from PHMSA, a shipper may offer a maximum of two replacement lithium cells or batteries specifically used for medical devices as cargo on passenger aircraft. When certain provisions are met, these replacement cells or batteries may be excepted from the 30% state-of-charge restriction.  

New: Updated International References in Part 171

Because PHMSA’s lithium battery regulations are not totally consistent with international requirements, the Final Rule adds clarifying language to the HMR provisions that allow shippers to follow international regulations for shipments that travel by air or vessel.  

The Final Rule amends 49 CFR 171.12, 171.24, and 171.25—which lay out additional requirements for shippers following the ICAO Technical Instructions (TI) or the IMDG Code—to specify that:

  • Lithium-ion cells and batteries are forbidden from transportation as cargo on passenger aircraft; and
  • Certain shipments of excepted lithium batteries must be marked with an indication that the package is forbidden from transport aboard passenger aircraft (i.e., the CAO label or one of the four alternatives).
The full text of the Final Rule was published to the December 21 Federal Register

Shipping Lithium Batteries Training

Lion's Shipping Lithium Batteries online course prepares shippers to navigate and apply the regulations for shipping lithium batteries alone, in-equipment, or with-equipment by ground, air, and vessel, including the latest IATA DGR standards for air shippers in effect for 2023.

The course provides hazmat general awareness, security awareness, and function-specific training to help satisfy US DOT (49 CFR), IATA DGR, and IMDG Code training mandates for logistics leaders and hazmat employees involved in shipping lithium batteries by all modes of transportation (Learn more). 

Browse all upcoming workshops, including training coming in 2023, at Lion.com/Hazmat

Tags: hazardous materials, hazmat shipping, lithium batteries, lithium batteries by air

Find a Post

Compliance Archives

Lion - Quotes

Lion was very extensive. There was a lot of things that were covered that were actually pertaining to what I do and work with. Great Job. I will be coming back in three years!

Tony Petrik

Hazmat Shipping Professional

I tried other environmental training providers, but they were all sub-standard compared to Lion. I will not stray from Lion again!

Sara Sills

Environmental Specialist

Lion provided an excellent introduction to environmental regulations, making the transition to a new career as an EHS specialist less daunting of a task. Drinking from a fire hose when the flow of water is lessened, is much more enjoyable!

Stephanie Weathers

SHE Specialist

Lion was very responsive to my initial questions and the website was user friendly.

Michael Britt

Supply Chain Director

These are the best commercial course references I have seen (10+ years). Great job!

Ed Grzybowski

EHS & Facility Engineer

Well designed and thorough program. Excellent summary of requirements with references. Inclusion of regulations in hard copy form, as well as full electronic with state pertinent regulations included is a great bonus!

Oscar Fisher

EHS Manager

The course was very informative and presented in a way that was easily understood and remembered. I would recommend this course.

Jeffrey Tierno

Hazmat Shipping Professional

Best course instructor I've ever had. Funny, relatable, engaging; made it interesting and challenged us as the professionals we are.

Amanda Schwartz

Environmental Coordinator

We have a very busy work schedule and using Lion enables us to take the course at our own time. It makes it easy for me to schedule my employees' training.

Timothy Mertes

Hazmat Shipping Professional

My experience with Lion classes has always been good. Lion Technology always covers the EPA requirements I must follow.

Steven Erlandson

Environmental Coordinator

Download Our Latest Whitepaper

Ace hazmat inspections. Protect personnel. Defend against civil and criminal penalties. How? See the self-audit "best practices" for hazardous materials shippers.

Latest Whitepaper

By submitting your phone number, you agree to receive recurring marketing and training text messages. Consent to receive text messages is not required for any purchases. Text STOP at any time to cancel. Message and data rates may apply. View our Terms & Conditions and Privacy Policy.