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Shippers welcome new DoT notice on lithium battery shipments
THE contents of a Notice issued by the US Department of Transportation (DoT), concerning the HM-215N Final Rule on lithium battery shipments, spells good news for any company that wants to use the new lithium battery mark or new lithium battery Class 9 hazard label when shipping from, to, or within the US.
Commenting on the HM-215N Final Rule, George Kerchner of the Lithium Battery Coalition, said: "While it appears the HM-215N Final Rule is still bogged down in the Trump Administration's 'regulatory freeze,' this Notice on agency enforcement discretion is a very positive development" in response to the coalition's letter to US Transportation Secretary, Elaine Chao.
Mr Kerchner was referring to DoT's Pipeline and Hazardous Materials Safety Administration (PHMSA), which released a Notice regarding their "enforcement discretion" for offerors and carriers offering or accepting shipments made in accordance with 2017-2018 International Civil Aviation Organization's Technical Instructions for the Safe Transport of Dangerous Goods by Air and Amendment 38-16 of the International Maritime Dangerous Goods Code.
According to the Notice, PHMSA "will not take enforcement action against any offeror or carrier who is using the 2017-2018 versions of these standards when all or part of the transportation is by air with respect to the ICAO Technical Instructions, or all or part of the transportation is by vessel with respect to the IMDG Code."
PHMSA also "will not take enforcement action against any offeror or carrier who offers or accepts for domestic or international transportation by any mode packages marked or labelled in accordance with the 2017-18 versions," reported American Journal of Transportation (AJOT).
Use of either the 2015-2016 standards or the newer standards is authorised until the Notice is rescinded or otherwise modified.
The enforcement discretion will be exercised by the Federal Aviation Administration, the Federal Motor Carrier Safety Administration, the Federal Railroad Administration, and the Pipeline and Hazardous Materials Safety Administration.
Commenting on the HM-215N Final Rule, George Kerchner of the Lithium Battery Coalition, said: "While it appears the HM-215N Final Rule is still bogged down in the Trump Administration's 'regulatory freeze,' this Notice on agency enforcement discretion is a very positive development" in response to the coalition's letter to US Transportation Secretary, Elaine Chao.
Mr Kerchner was referring to DoT's Pipeline and Hazardous Materials Safety Administration (PHMSA), which released a Notice regarding their "enforcement discretion" for offerors and carriers offering or accepting shipments made in accordance with 2017-2018 International Civil Aviation Organization's Technical Instructions for the Safe Transport of Dangerous Goods by Air and Amendment 38-16 of the International Maritime Dangerous Goods Code.
According to the Notice, PHMSA "will not take enforcement action against any offeror or carrier who is using the 2017-2018 versions of these standards when all or part of the transportation is by air with respect to the ICAO Technical Instructions, or all or part of the transportation is by vessel with respect to the IMDG Code."
PHMSA also "will not take enforcement action against any offeror or carrier who offers or accepts for domestic or international transportation by any mode packages marked or labelled in accordance with the 2017-18 versions," reported American Journal of Transportation (AJOT).
Use of either the 2015-2016 standards or the newer standards is authorised until the Notice is rescinded or otherwise modified.
The enforcement discretion will be exercised by the Federal Aviation Administration, the Federal Motor Carrier Safety Administration, the Federal Railroad Administration, and the Pipeline and Hazardous Materials Safety Administration.
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