Lion's office will be closed December 25 and 26. Online training support is available every day from 8:30 AM to 5 PM ET via support@lion.com.
Search

FAA Reauthorization Imminent: New Rules for Lithium Batteries May be Affected

Posted on 2/2/2012 by James Griffin

After years of temporary extensions, the House and Senate have agreed on legislation to reauthorize and make improvements to the Federal Aviation Administration (FAA).
 
Among the many provisions in the conference report, Congress intends to curtail the Department of Transportation from creating or enforcing any regulations that restrict the transportation of lithium batteries by air more stringently than existing ICAO regulations. See below.
 
SEC. 828. AIR TRANSPORTATION OF LITHIUM CELLS AND BATTERIES.
  • (a) IN GENERAL.—The Secretary of Transportation, including a designee of the Secretary, may not issue or enforce any regulation or other requirement regarding the transportation by aircraft of lithium metal cells or batteries or lithium ion cells or batteries, whether transported separately or packed with or contained in equipment, if the requirement is more stringent than the requirements of the ICAO Technical Instructions.
  • (b) EXCEPTIONS.—
    • (1) PASSENGER CARRYING AIRCRAFT.—Notwithstanding subsection (a), the Secretary may enforce the prohibition on transporting primary (nonrechargeable) lithium batteries and cells aboard passenger carrying aircraft set forth in special provision A100 under section 172.102(c)(2) of title 49, Code of Federal Regulations (as in effect on the date of enactment of this Act).
    • (2) CREDIBLE REPORTS.—Notwithstanding subsection (a), if the Secretary obtains a credible re port with respect to a safety incident from a national or international governmental regulatory or investigating body that demonstrates that the presence of lithium metal cells or batteries or lithium ion cells or batteries on an aircraft, whether transported separately or packed with or contained in equipment, in accordance with the requirements of the ICAO Technical Instructions, has substantially contributed to the initiation or propagation of an onboard fire, the Secretary—
      • (A) may issue and enforce an emergency regulation, more stringent than the require ments of the ICAO Technical Instructions, that governs the transportation by aircraft of such cells or batteries, if that regulation—
        • (i) addresses solely deficiencies ref erenced in the report; and
        • (ii) is effective for not more than year; and
      • (B) may adopt and enforce a permanent regulation, more stringent than the require ments of the ICAO Technical Instructions, that governs the transportation by aircraft of such cells or batteries, if—
        • (i) the Secretary bases the regulation upon substantial credible evidence that the otherwise permissible presence of such cells or batteries would substantially contribute to the initiation or propagation of an on board fire;
        • (ii) the regulation addresses solely the deficiencies in existing regulations; and
        • (iii) the regulation imposes the least disruptive and least expensive variation from existing requirements while adequately addressing identified deficiencies.
According to the House Transportation & Infrastructure Committee, the full House and Senate expect to vote on the measure before the FAA’s current short-term funding extension expieres on February 17.
 

Tags: DOT, hazmat shipping, lithium batteries

Find a Post

Compliance Archives

Lion - Quotes

Given the choice, I would do all coursework this way. In-person courses go very fast without the opportunity to pause or repeat anything.

Ellen Pelton

Chemical Laboratory Manager

I can take what I learned in this workshop and apply it to everyday work and relate it to my activities.

Shane Hersh

Materials Handler

If I need thorough training or updating, I always use Lion. Lion is always the best in both instruction and materials.

Bryce Parker

EHS Manager

I attended training from another provider and learned absolutely nothing. Lion is much better. Hands down.

Nicole Eby

Environmental Specialist

Amazing instructor; real-life examples. Lion training gets better every year!

Frank Papandrea

Environmental Manager

Convenient; I can train when I want, where I want.

Barry Cook

Hazmat Shipping Professional

The instructor did an excellent job presenting a very dry subject; keeping everyone interested and making it enjoyable.

Marc Bugg

Hazardous Waste Professional

Lion's online training is more comprehensive, has better slides, and is a superior training experience than what I would get from other trainers.

Robert Brenner

District Environmental Manager

You blew the doors off the competition!

Stephen Bieschke

Facilities Manager

The price was reasonable, the time to complete the course was manageable, and the flexibility the online training allowed made it easy to complete.

Felicia Rutledge

Hazmat Shipping Professional

Download Our Latest Whitepaper

In-flight hazmat incidents can be disastrous. This guide gives 5 tips for first-time air shippers to consider before offering dangerous goods for transportation on passenger or cargo aircraft.

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.