FAA Hazmat Interpretation: Lithium Batteries by Air
In this scenario, the company uses temperature recorders to monitor the temperature of its materials during air transport. Each temperature recorder is powered by a small lithium-metal battery containing less than 2 grams of lithium-metal content.
The question is with respect to the lithium battery marking requirement at 49 CFR 173.185(c)(3), which reads:
(3) Hazard communication. Each package must display the lithium battery mark except when a package contains button cell batteries installed in equipment (including circuit boards), or no more than four lithium cells or two lithium batteries contained in equipment, where there are not more than two packages in the consignment.
The company in this scenario offered six packages on a pallet, only two of which contained the battery-powered temperature recorders.
6 Packages—2 Batteries
Though they offered two or fewer batteries, the company asked FAA if—because they offered six total packages in the consignment—they were still required to use the lithium battery mark. After all, the exception to the marking requirement includes the phrase “where there are not more than two packages in the consignment.”
In this case, the lithium battery mark is not required. As FAA writes in their response, “Although there are additional packages within the consignment, the additional packagers are not included in the calculation of number of packages in the consignment limit, because they do not contain any lithium batteries.”
It may seem like common sense that packages that don’t contain lithium batteries are not counted when determining the applicability of hazard communication requirements specific to lithium batteries.
Is This Common Sense?
But, common sense is not always our best tool for de-coding Federal regulations. More often, success requires close reading, attention to detail, and the willingness to ask questions when something doesn’t seem right.
Unfortunately, what seems to make sense does not always gel with what’s written in the CFR.
Training to Ship Lithium Batteries - Live or OnlineDon’t rely on common sense to keep your shipments in compliance with Federal and international hazmat regulations. Be confident your employees know the risks lithium batteries pose, and how to properly prepare them for transport. With rules this complex, what you already know will only get you so far.
Join us at the Lion Training Center on October 18 for comprehensive lithium battery training to classify, package, mark, label, handle, and document your lithium battery shipments. Whether you ship batteries alone, in equipment, or with equipment, this unique one-day workshop guide you through the complex regulations that apply to your lithium battery ground, air, or vessel shipments.
The Shipping Lithium Batteries Online Course provides full hazmat/DG training on all the 49 CFR, IATA DGR, and IMDG Code rules your team must follow to keep lithium battery shipments moving by ground, air, or vessel. Learn the latest rules to prevent rejected shipments, emergencies in transit, and DOT fines now as high as $78,376 per day, per violation. Sign up now!
The instructor kept the class engaged and made learning fun. There was a lot of information to cover but time flew by. I will definitely use Lion in the future!
Hazmat Shipping Professional
Very witty instructor, made the long times sitting bearable. One of the few training courses I can say I actually enjoyed.
Senior EHS Engineer
Course instructor was better prepared and presented better than other trainers. Course manual and references were easier to use as well.
Hazardous Waste Professional
Very good. I have always appreciated the way Lion Tech develops, presents and provides training and materials.
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!
Hazmat Shipping Professional
This is a very informative training compared to others. It covers everything I expect to learn and even a lot of new things.
Waste Management Professional
Lion is easily and consistently the best option for compliance training. I've learned new information from every instructor I've had.
Excellent job. Made what is very dry material interesting. Thoroughly explained all topics in easy-to-understand terms.
The instructor was very knowledgeable and provided pertinent information above and beyond the questions that were asked.
The instructor clearly enjoys his job and transmits that enthusiasm. He made a dry subject very interesting and fun.
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.