Lithium Batteries Make Frequently Cited Violations List
Posted on 10/15/2013 by Roger Marks
In an October 2 Final Rule published in the Federal Register, the Pipeline and Hazardous Materials Safety Administration (PHMSA) added a number of lithium battery-related shipping mistakes to its list of Frequently Cited Violations. The unique hazards posed by lithium batteries caught the attention of regulators in part due to a growing number of uses for these batteries, an increase in shipping volume, and many improperly prepared or damaged battery shipments causing incidents in transit. The manager of compliance and enforcement at the Federal Aviation Administration has called lithium batteries “today’s greatest threat to aviation safety.”
The Frequently Cited Violations list, found at Appendix A to 49 CFR Part 107, Subpart D, lists common hazmat shipping violations under the Hazardous Materials Regulations (HMR) and provides a suggested baseline penalty amount for each based on the type and/or severity of the violation. While these baseline minimums are not mandated by the Act, inspectors often use these baselines as a guide when assessing penalties.
New, lithium battery-related entries to the DOT’s list of Frequently Cited Violations include:
Offeror Requirements – All Hazardous Materials
Violation Description
Section or cite
Baseline assessment
A. Undeclared Shipments
172.200,172.300, 172.400,172.500
4. Offering for transportation a lithium battery, without shipping papers, package markings, labels, or placards (when required):
a. For air transport
$40,000
b. For ground transport
$20,000
E. Package Labeling Requirements
8. Failure to place a Cargo Aircraft Only label on a package containing a primary lithium battery or failure to mark a package containing a primary lithium battery as forbidden for transport on passenger aircraft:
172.402(c), 172.102(c)(1), Special Provision 188, 189, 190
a. For air transport
$10,000
b. For ground transport
$1,000
Offeror Requirements – Specific Hazardous Materials
Violation Description
Section or cite
Baseline assessment
F. Batteries
173.159,173.185, 173.21(c)
1. Offering lithium batteries in transportation that have not been tested:
a. Ground transport
$15,000
b. Air transport
$30,000
4. Offering lithium batteries in transportation that have not been protected against short circuit
$15,000
5. Offering lithium batteries in transportation in unauthorized packages
$12,500
7. Offering lithium batteries in transportation on passenger aircraft or misclassifying them for air transport
$30,000
8. Failure to prepare batteries so as to prevent damage in transit
$6,000
In addition to adding a number of lithium battery violations to the Frequently Cited Violations list, this rulemaking also raises the baseline, or suggested minimum, penalty for many of the violations on the list. The DOT raised these baseline penalty amounts to account for inflation and the increase in maximum civil penalties for all hazmat violations under the Moving Ahead for Progress in the 21st Century Act (MAP-21) last year.
Other New Lithium Battery Rules
This rulemaking is the latest in a series of changes to the lithium battery shipping rules. In 2012, the International Civil Aviation Organization (ICAO) amended its Technical Instructions to partially regulate large shipments of small batteries by air. The U.S. DOT is currently moving forward with a rulemaking originally proposed in 2010 to address the risks of lithium batteries in transport, including enhanced packaging, hazard communication, and operational requirements for various types and sizes of lithium batteries. According to the Office of Management and Budget, a Final Rule is expected this November.
Learn the latest rules for lithium battery ground (49 CFR), air (IATA), and vessel (IMO) shipments at the Shipping Lithium Batteries Webinar on November 5! The live, instructor-led presentation covers critical rules for preparing lithium battery shipments to avoid incidents in transit, injury to personnel, and costly civil penalties. Prefer to train at your own pace? Lion’s Shipping Lithium Batteries Online Course is available 24/7 and provides general awareness, security awareness, and function-specific training for shipping personnel as required at 49 CFR 172.704
Course instructor was better prepared and presented better than other trainers. Course manual and references were easier to use as well.
Marty Brownfield
Hazardous Waste Professional
I like Lion's workshops the best because they really dig into the information you need to have when you leave the workshop.
Tom Bush, Jr.
EHS Manager
I think LION does an excellent job of any training they do. Materials provided are very useful to my day-to-day work activities.
Pamela Embody
EHS Specialist
Lion Technology workshops are amazing!! You always learn so much, and the instructors are fantastic.
Dorothy Rurak
Environmental Specialist
Very well structured, comprehensive, and comparable to live training seminars I've participated in previously. I will recommend the online course to other colleagues with training requirement needs.
Neil Luciano
EHS Manager
Attending Lion Technology classes should be mandatory for every facility that ships or stores hazmat.
Genell Drake
Outbound Lead
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
The instructor had knowledge of regulations and understanding of real-world situations. The presentation style was engaging and fostered a positive atmosphere for information sharing.
Linda Arlen
Safety & Environmental Compliance Officer
Excellent class, super instructor, very easy to follow. No rushing through material. Would like to take his class again.
Lawrence Patterson
EH&S Facility Maintenance & Security Manager
I had a positive experience utilizing this educational program. It was very informative, convenient, and rewarding from a career perspective.
John Gratacos
Logistics Manager
Download Our Latest Whitepaper
Hazardous materials shipment rejections bear a big cost. Use this guide to end operational and logistical disruptions that severely impact your bottom line.
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.