PHMSA UPDATES RULES FOR CARRYING LITHIUM BATTERIES
March 18, 2019
The U.S. Pipeline and Hazardous Materials Safety Administration (PHMSA) has released an interim final rule to prohibit lithium ion batteries in the cargo holds of passenger aircraft. This rule will bring U.S. requirements in line with related international standards, and most U.S. carriers have already instituted similar rules.
Under the new rule, passengers and crew will still be permitted to carry electronic devices with lithium batteries into the cabin of an aircraft. PHMSA will also mandate that batteries must have a 30 percent charge or less if they are being carried on cargo aircraft and aren’t packaged with or contained in the applicable equipment or devices. The rule will also limit the number of packages that may be shipped under current provisions for small (excepted) cells and batteries to not more than one package per consignment. Additionally, under the new rule, two lithium batteries may be carried on a passenger plane if they are for a medical device. However, the intended destination must not be serviced daily by cargo aircraft and PHMSA must provide advance permission. Such batteries may also have a charge greater than 30 percent as long as they are packaged according to PHMSA specifications.
PHMSA’s updated rule was mandated by the October 5, 2018 FAA Reauthorization Act, in which Congress ordered DOT to conform its lithium battery rules to ICAO standards by January 2019. This deadline was missed as a result of the recent government shutdown.
If you have any questions, please contact Evelyn Sahr (esahr@eckertseamans.com or 202-659-6622); Drew Derco (dderco@eckertseamans.com or 202-659-6665), or Alexander Matthews (amatthews@eckertseamans.com or 202-659-6633).
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