PRBA Executive Director George Kerchner Appointed to Key Federal and State Advisory Groups for Lithium Battery Industry

November 12th, 2019 | Posted in General

PRBA Executive Director has been named to serve in two key roles advising federal and state agencies on legislative and regulatory matters impacting the safe transport of lithium ion batteries and the recycling of automotive lithium ion batteries.

First, the U.S. Department of Transportation invited Mr. Kerchner to serve a two-year term on its Lithium Battery Safety Advisory Committee. This Advisory Committee was established by the 2018 Federal Aviation Administration Reauthorization Act. It consists of 20 individuals from a range of industries and government agencies. The Committee is expected to provide the Secretary of Transportation with information and recommendations on new lithium battery technology, the safe transport of lithium batteries by air, and improving airline passenger awareness related to the safe handling of lithium batteries.

Second, the California Environmental Protection Agency (CalEPA) appointed Mr. Kerchner to its Lithium-Ion Car Battery Recycling Advisory Group. That Advisory Group was established in accordance with the 2018 California law known as AB 2832. It is expected to prepare policy recommendations to maximize safe and cost-effective recycling efforts for end-of-life lithium ion vehicle batteries. The Advisory Group will develop its recommendations between now and April 2022 in consultation with universities and research institutions, manufacturers of electric and hybrid vehicles, and the battery recycling industry.

PRBA Files Proposals with United Nations Transport Subcommittee to Amend Lithium Battery Transport and Testing Regulations

September 30th, 2019 | Posted in General

PRBA along with its European counterpart (RECHARGE) have filed several proposals with the United Nations Subcommittee of Experts on the Transport of Dangerous Goods to amend the lithium battery packaging and testing requirements in the UN’s Model Regulations and Manual of Tests and Criteria. The proposals will be addressed at the Subcommittee’s meeting scheduled for December 2- 6, 2019 in Geneva, Switzerland.

The proposals from PRBA and RECHARGE address the following issues:

• Packaging requirements for large format lithium batteries to clarify when relief from stringent UN packaging requirements are authorized;
• Provisions applicable to the transport of damaged or defective lithium batteries;
• Testing large format lithium batteries and clarifying the overcharge testing requirements; and
• Packaging for “bulk” shipments of lithium batteries.

Additional proposals on lithium batteries are expected from the U.S. Department of Transportation, United Kingdom, and European-based Intergovernmental Organization for International Carriage by Rail. All of the proposals are available on the UN Subcommittee’s website at: http://www.unece.org/trans/main/dgdb/dgsubc3/c32019.html

For more information, contact PRBA Executive Director George Kerchner at 202.719.4109 or gkerchner@wileyrein.com.

PRBA Highlights Battery Safety At FTC ‘Right to Repair’ Workshop

July 18th, 2019 | Posted in General

Executive Director George Kerchner focused on battery safety concerns at a Federal Trade Commission workshop held today on right to repair policy.

Rechargeable lithium ion batteries have become the preferred power source for a vast array of consumer battery-powered products such as cellular phones, tablets, medical devices, power tools and hybrid and electric vehicles, Kerchner said in prepared remarks delivered at the FTC workshop.

“I appear here today to reemphasize PRBA’s commitment to the safe handling of those products and their batteries, and to discourage new rules or policy from the FTC relating to ‘right to repair’ that would exacerbate the fire risks arising from their mishandling,” Kerchner stated.

Many lithium ion batteries look alike. Yet these batteries are typically manufactured to custom specifications to ensure they work with a specific device. Lithium batteries are not interchangeable, Kerchner noted. “To the contrary, device manufacturers work closely with their battery suppliers to design a safe and dependable battery that can be securely installed in their device to maximize safety,” Kercher said.

Mishandling of lithium ion batteries, including inept or unauthorized repair efforts, can pose significant safety risks, including thermal runaway, which can cause fires, despite ongoing safety efforts of battery manufacturers, Kerchner noted during a panel discussion on the arguments for and against repair restrictions.

As for the ubiquitous consumer electronic, most are powered by sophisticated battery safety systems and cannot be easily dismantled other than by properly trained professionals. “Changing any of these components by consumers or untrained service technicians would require full reevaluation of the entire system to assure that safety has not been compromised,” Kerchner emphasized.

“Ultimately, manufacturers are trying to make sure that customers are satisfied with their products in a highly competitive marketplace for electronic devices – and that includes keeping them safe. It also includes offering repair polices that meet customers’ needs and prioritizes safe repair practices through authorized providers,” Kerchner said.

Kerchner even questioned whether framing the headline issue at the FTC workshop as “repair restrictions” is helpful. “When it comes to batteries, we are talking about product design decisions and authorized repair options that manufacturers provide to help maximize battery and device safety and longevity for the benefit of consumers,” Kerchner stated.

DOT and EPA Announce Workshops on the Safe Handling of Lithium Batteries for Disposal and Recycling

July 3rd, 2019 | Posted in General

During last month’s membership meeting, Kevin Leary with the U.S. Department of Transportation (DOT) joined us to speak to membership about his agency’s recent collaborative efforts with the U.S. Environmental Protection Agency (EPA) on the disposal and recycling of lithium batteries. The two agencies are hosting four one-day workshops over the next several months. These workshops will be led by subject matter experts from the Hazardous Materials Safety Assistance Team under the DOT and hosted by EPA. The workshops will focus on the safe transportation of lithium batteries for recycling and the applicable regulations that must be followed by battery recyclers. The workshops are designed for individuals in the battery recycling industry who need a working knowledge of the regulations, or who provide training to their employees on the applicable regulations. They will include an overview on the latest regulatory requirements on proper lithium battery packaging, marking, and labeling and as well as a basic understanding of how to apply the Hazardous Materials Regulations (HMR).

For more information, click here.

California Legislature Introduces Lithium ion Battery Product Stewardship Bill

April 8th, 2019 | Posted in General

Two members of the California State Assembly have introduced AB 1509 that, if enacted, would require establishment of a used lithium ion battery stewardship program by manufacturers and retailers.

The bill is intended to address the fire safety problems purportedly facing municipal recycling programs from the collection of used batteries. The bill is titled the “LITHIUM-ION BATTERY FIRE PREVENTION ACT,” and its Section 1 references some of these fires and the risks purportedly posed by lithium ion batteries. One of the bill’s sponsors also prepared an explanatory document.

The bill will first be heard by the Assembly’s Environmental Safety and Toxics Review (ES&TR) Committee on Tuesday, April 9th.

IATA Highlights Challenges with Non-Compliant Lithium Battery Shippers, Lack of Government Enforcement

March 18th, 2019 | Posted in General

“Rogue shippers’ risk to lithium air cargo safety”

Lithium batteries pose risks for air cargo safety because of “rogue shippers” and a failure to enforce regulations, the head of the trade body for the world’s airlines has warned.

Alexandre de Juniac (right), director-general and CEO of the International Air Transport Association (IATA), said the batteries “can be shipped safely if properly labelled and packaged”.

But de Juniac said: “With respect to the safety of air cargo, transport of lithium batteries is the most topical issue.”

“The problem is that the global standards are being ignored by rogue shippers,” de Juniac told the World Cargo Symposium in Singapore.

And the IATA chief accused governments of “not enforcing the rules”— such as global technical standards set by the International Civil Aviation Organization (ICAO) and IATA’s dangerous goods regulations.

“In some cases, we see more effort going into stopping counterfeit production of Louis Vuitton bags than lithium batteries,” de Juniac added. “Lithium batteries are a safety risk and we need governments to do better at enforcement.”

De Juniac’s remarks came just weeks after the US said airlines would be barred from carrying “potentially hazardous lithium-ion cells and batteries as cargo on passenger aircraft”.

The crackdown means the US is adopting ICAO requirements that have been in force in other countries since 2016.

PRBA, Trade Groups Urge DOT to Delay Immediate Enforcement of New Package Labeling Rules for Lithium Batteries Shipped by Highway and Rail

March 13th, 2019 | Posted in General

PRBA – The Rechargeable Battery Association with seven other trade associations have asked the U.S. Department of Transportation to delay enforcement of new mandates to place additional labels on packages of lithium ion cells and batteries shipped by highway or rail.

In a letter to a DOT Pipeline and Hazardous Materials Safety Administration official, the eight trade associations reiterated their support for the Agency’s efforts to harmonize the U.S. lithium battery air transport regulations with more stringent international standards. However, the associations noted the necessity for a new compliance deadline of no earlier than July 6, 2019 for highway and rail transport “to allow time for implementation of the new package label requirement without unduly disrupting transportation and commerce.”

This concern is “substantial,” the letter noted, because “a very large volume of new and used lithium ion batteries are shipped and transported daily by highway and rail in the U.S. that are now subject to the new label requirements.”

PHMSA’s new label requirement is part of the agency’s long-awaited Interim Final Rule intended to harmonize the U.S. lithium battery hazardous materials regulations with the ICAO Technical Instructions for the Safe Transport of Dangerous Goods.

However, PHMSA provided no warning that a new rule would address a new label for packages of lithium ion batteries shipped by road or rail or impose a March 6 compliance deadline, the letter said.

As a result, “thousands of offerors and carriers who in good faith comply with applicable rules likely now find themselves out of compliance because, as a practical matter, they are unable to immediately obtain new labels, train personnel, and implement new labeling procedures,” the letter said.

PHMSA should issue a “Notice of Enforcement Policy” that would allow time for implementation of the new requirement and stipulate that no enforcement action be taken until July 6 against companies and shippers currently in compliance with the existing regulations when the agency issued its March 6 Interim Final Rule, the letter recommended.

The letter’s signatories are:

PRBA – The Rechargeable Battery Association
Medical Device Battery Transport Council
Council On Safe Transportation of Hazardous Articles
Dangerous Goods Advisory Council

Power Tool Institute
National Electrical Manufacturers Association
Outdoor Power Equipment Institute
International Vessel Operators Dangerous Goods Association

U.S. Department of Transportation New Lithium Battery Interim Final Rule Has Immediate Impact on All Modes of Transport

March 7th, 2019 | Posted in General

The U.S. Department of Transportation’s Pipeline and Hazardous Materials Safety Administration (PHMSA) published on March 6, 2019 its long-awaited lithium battery Interim Final Rule (IFR) that is intended to generally harmonize the U.S. lithium ion and lithium metal battery hazardous materials regulations (HMR) with the ICAO Technical Instructions for the Safe Transport of Dangerous Goods by Air.  The new requirements in the IFR took effect on March 6^th.

There are several key provisions applicable to the air transport of lithium ion cells and batteries that are being adopted through this rulemaking.  These include:

1. Limiting lithium ion cells and batteries to 30% state of charge (SOC). This SOC limit does not apply to cells and batteries packed with or contained in equipment.
2. Prohibiting lithium ion cells and batteries as cargo on passenger aircraft. Again, this prohibition does not apply to cells and batteries packed with or contained in equipment.  In addition, PHMSA is providing a limited exception from this prohibition for lithium ion and lithium metal cells and batteries designed to power medical devices.
3. Limiting the use of excepted lithium ion and lithium metal cell and battery shipments to one package per consignment.

Another important aspect of the IFR is that the U.S. DOT now requires an additional package mark and label for excepted lithium ion cells (≤ 20 Wh) and batteries (≤ 100 Wh) when shipped by highway or rail in the U.S.  The new package mark and label requirements, which took effect March 6^th, are generally consistent with what has been required in the U.S. since December 2004 for shipping excepted lithium metal cells and batteries by motor vehicle or rail.

Public comments on the IFR must be filed with the U.S. DOT by May 6, 2019.

OSHA Issues New Safety Bulletin on “Preventing Fire and/or Explosion Injury from Small and Wearable Lithium Battery Powered Devices”

February 12th, 2019 | Posted in General

The Occupational Safety and Health Administration issued a Safety and Health Information Bulletin entitled, “Preventing Fire and/or Explosion Injury from Small and Wearable Lithium Battery Powered Devices.”  The Bulletin includes a number of lithium battery safety guidelines that the Agency suggests employers could use as part of their safety and health program.  These include, but are not limited to:

• Ensuring lithium batteries, chargers, and associated equipment are tested in accordance with an appropriate test standard (e.g., UL 2054) and certified by a Nationally Recognized Testing Laboratory (NRTL) and are rated for their intended uses.
• Following manufacturers’ instructions for storage, use, charging, and maintenance.
• Removing lithium-powered devices and batteries from chargers once they are fully charged.
• Storing lithium batteries and devices in dry, cool locations and in fire-resistant containers.

A copy of OSHA’s Bulletin is available here.

PRBA Files Comments on U.S. Department of Transportation Harmonization Rulemaking

January 28th, 2019 | Posted in General

PRBA filed on January 28th extensive comments on the U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration’s (PHMSA) HM-215O harmonization rulemaking.  PRBA conveyed their support for PHMSA’s efforts to harmonize the U.S. hazardous materials regulations with the international dangerous goods regulations, but also identified two issues of concern.

PRBA’s concerns relate to the proposed Test Summary requirement that takes effect internationally on January 1, 2020 and the Agency’s proposal to add “large” UN packaging for lithium batteries shipped for disposal or recycling.  A copy of PRBA’s comments are available here.

PRBA’s Message to Holiday Flyers Traveling With Lithium Batteries: Follow Santa In Making a Safety List And Checking It Twice

December 28th, 2018 | Posted in General

Be Merry and Bright, But Safe When Flying with Batteries

PRBA-The Rechargeable Battery Association today released its annual holiday safety reminder for airline passengers traveling with lithium batteries and battery-powered electronic devices, including laptops, mobile phones, toys, video games, e-cigarettes and vaporizers.

“The holiday season is exciting and stressful for holiday travelers, whether heading home for the holidays or going on vacation. With air travel predicted to jump 5.2 per cent from in 2017 to 45.7 million during this year’s 18-day holiday season, PRBA urges passengers to comply with Federal Aviation Administration (FAA) regulations for lithium batteries and battery-powered devices placed in checked luggage and carry-ons,” PRBA Executive Director George Kerchner said.

Travelers should be aware that many airlines, including Alaska, American Airlines and Delta do not allow “smart luggage” containing lithium ion batteries onboard the aircraft.  Travelers should check with their airline to determine if smart luggage is permitted.  In some cases, travelers may check or carry on smart luggage if the lithium ion batteries are removed, then brought into the cabin.

Spare lithium batteries are strictly prohibited in checked luggage. The FAA recommends but does not require that battery-powered devices be placed in carry-on luggage whenever possible. If carried in checked baggage, the devices must be turned completely off, protected from accidental activation, and packed so they are protected from damage.

The FAA provides detailed, user-friendly information for airline passengers traveling with batteries. Please click here. to access the FAA’s website.

IATA Issues Updated Lithium Battery Guidance Document for 2019 with PRBA-Endorsed FAQ on New Test Summary Requirement

December 4th, 2018 | Posted in General

IATA released its annual Lithium Battery Guidance Document that includes a new FAQ on the lithium battery Test Summary.  The FAQ was originally prepared by PRBA, RECHARGE and MDBTC and filed with the UN Sub-Committee of Experts on the Transport of Dangerous Goods and ICAO Dangerous Goods Panel.  The wide dissemination of the FAQ will help to ensure a consistent interpretation of the Test Summary requirements that take effect internationally on January 1, 2020.

For more information on the Test Summary requirements, contact PRBA Executive Director George Kerchner at gkerchner@wileyrein.com.

Vermont Task Force Hears Testimony from PRBA Executive Director on Dangers of Unauthorized Electronics Repairs

November 26th, 2018 | Posted in General

Stories of exploding batteries provided a gripping illustration for policymakers at a Monday morning hearing on the sometimes abstract concept of “right to repair.”

“You’ve all seen the videos on YouTube of a hoverboard catching on fire,” George Kerchner, a lobbyist from the Rechargeable Battery Association, said to the lawmakers and state officials on a right to repair task force on Monday. Heads nodded in agreement.

“You’re talking about temperatures of 1,100 degrees Fahrenheit; that’s our concern with unauthorized repair,” Kerchner said. “Consumers, unauthorized facilities pulling cells out and not fully understanding the risks is a very significant concern.”

Read fully story here.

Battery Industry Begins Public Safety Campaign against Misuse of Li-Ion Cells in E-Cigarettes

October 15th, 2018 | Posted in General

Contact: Todd Irons
(202) 729-4155

Manufacturers Also Urge Retailers and Government Agencies to Help Prevent Misuse of 18650 Power Cells in E-cigarettes

WASHINGTON, DC, October 15, 2018 – Leading battery manufacturers and industry trade groups have begun a nationwide consumer awareness campaign called Be-cigarettesafe that cautions users of e-cigarette and vaping devices of the risks associated with the misuse of replaceable lithium-ion power cells.

Manufacturers of these cells, commonly known as “18650” cells, never intended them to be used as stand-alone power sources in e-cigarette and vaping devices or to be handled directly by consumers as loose, replaceable power sources. Doing so may put consumers’ safety at risk.

“Members of the battery industry have an important warning for consumers: Don’t use or handle stand-alone 18650 cells, period,” said George Kerchner, executive director of PRBA – The Rechargeable Battery Association. “Leading manufacturers have warned consumers for some time about the risks of handling and misusing stand-alone 18650 cells. We want to continue educating consumers, which is why we have joined together in support of the Be-cigarettesafe campaign. Consumers need to know if they install an 18650 cell to use in their e-cigarette or vaping device, then it may not be safe.”

18650 lithium-ion battery cells are not intended for use in vaping and e-cigarette devices – they were designed as a power source for products such as building tools (drills, saws, etc.), medical devices, laptop computers, lawnmowers and similar products. These powerful cells are intended to be handled only by specialized manufacturers who assemble them in enclosed, safety-circuit protected battery packs or equipment. Placing a stand-alone 18650 cell in and out of an e-cigarette or vaping device, or in and out of a charger, can damage the cell’s insulating wrapper, or cause other internal damage to the cell, leading to a “thermal runaway” event and emission of flames or gasses from the cell. But some unauthorized third-parties are selling stand-alone 18650 cells to consumers for use in e-cigarette and vaping devices. In some cases, the 18650 cells being offered for sale were previously used for other applications, or “re-wrapped” with inaccurate and misleading labels.

The Be-cigarettesafe campaign was conceived by cell manufacturers, and supported by PRBA, The Advanced Rechargeable & Lithium Batteries Association, Korea Battery Industry Association, and Battery Association of Japan. Be-cigarettesafe is one of several safety campaigns launched this year to educate consumers on the safety issues associated with the use, and misuse, of lithium ion batteries. The campaign includes a series of online and digital display and video advertisements appearing on various consumer-facing websites and social media pages. The ads direct users to visit the campaign’s website, Be-cigarettesafe.org, where consumers can find information about how to avoid handling and misusing lithium-ion cells and how to determine if an e-cigarette and vaping device have non-removable batteries with built-in protection circuitry. The campaign wants consumers to know that Underwriters Laboratories, a leading global independent safety science company (UL), has developed a safety standard for e-cigarettes, and soon consumers will be able to look for the “UL” mark on e-cigarette and vaping devices to verify that they comply with UL’s stringent safety standard.

Association members have taken various actions to keep their cells out of consumers’ hands. These steps include posting warnings on their products and websites to emphasize 18650 cells are not intended for use with e-cigarettes and vaping devices, working with third party purchasers to emphasize proper and improper uses, and sending cease and desist letters to retailers. Part of the campaign will include sending retailers and vape shops a copy of the PRBA’s “Safety Policy on the Use and Handling of Stand-alone Cylindrical Lithium ion Cells,” (https://www.prba.org/wp-content/uploads/PRBA-Policy-on-Use-of-Stand-Alone-Li-ion-Cells-18.pdf), and directing them to the campaign’s website for additional information.

Supporters of the campaign have talked with the U.S. Food and Drug Administration (FDA) and Consumer Product Safety Commission (CPSC) about these issues and urge these agencies to help stop the use of stand-alone lithium-ion cells. “We need FDA’s help, supported by CPSC, to get stand-alone lithium-ion cells out of the hands of consumers by using the same enforcement tools FDA is using to address illegal marketing of e-cigs to minors, and that CPSC adopted to stop the distribution of poorly designed hoverboard products that were causing injuries and fires,” said Kerchner. “Leading cell manufacturer associations all support the need for FDA and CPSC assistance to help stop the misuse of lithium ion cells and we stand ready to continue working with these agencies to make this happen.”

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PRBA Applauds Enactment of Bipartisan FAA Reauthorization Bill

October 15th, 2018 | Posted in General

New Law Enhances Safe Air Shipment of Lithium Batteries

Washington (October 15, 2018) – PRBA – The Rechargeable Battery Association thanks Congress for bipartisan passage of a five-year reauthorization of the Federal Aviation Administration and President Trump for signing the legislation into law.

“Most important, the FAA reauthorization will advance the safe air transport of lithium batteries and the array of products powered by those batteries, including consumer electronics and life-saving medical devices,” said George Kerchner, PRBA’s executive director.

PRBA advocated for several provisions included in the FAA reauthorization. The new statute: supports mandates that U.S. air transportation regulations for lithium batteries meet stringent international safety standards. The new law also:

• Extends requirement that U.S. lithium battery air transport regulations to meet but not exceed stringent international safety standards
• Requires the U.S. Department of Transportation to support industry participation in ICAO (International Civil Aviation Organization) activities.
• Establishes a Lithium Battery Safety Working Group to encourage and coordinate efforts to promote the safe manufacturing, use and transportation of lithium cells and batteries. Its Members will include the Department of Transportation, the Consumer Product Safety Commission, the National Institute of Standards and Technology and the Food and Drug Administration, plus eight battery experts.
• Creates a Lithium Battery Air Safety Advisory Committee to facilitate government-industry dialogue on ways to improve the safe transport of small and large lithium batteries and cells
• Requires DOT within six months to provide Congress with ways to improve the packaging of lithium cells and batteries shipped via air.
• Requires federal regulators to cooperate to ensure the compliance of shippers of lithium batteries with safety regulations.
• Allows the Secretary of Transportation to provide regulatory relief for life-saving medical device batteries used in products like defibrillators when shipped by air.

“PRBA enthusiastically endorsed the FAA Reauthorization and actively supported air safety provisions Congress included in the final legislation,” Kerchner said.

PRBA Hosts Meeting of Federal Inter-Agency Lithium Battery Task Force

August 6th, 2018 | Posted in General

PRBA hosted a very informative meeting on July 31, 2018 of the federal inter-agency lithium battery task force. Participants included officials from FDA, OSHA, EPA, PHMSA, FAA, CBP, DHS, CPSC, CBP, MARAD, and FMCSA. The meeting provided PRBA and our members an excellent opportunity to update the agencies on industry, regulatory, and legislative trends associated with the following lithium battery issues: transport, recycling, safety standards, secondary use, counterfeit and “knock off” batteries, hazardous waste classification, harmonized tariff schedule, and imports/exports. There were excellent presentations from PRBA members GM, Apple, Saft, and Fedco Batteries. PRBA materials from the meeting are available here.

Press Release – FAA Proposes $160,500 Civil Penalty Against Woodioso Technology for Alleged HazMat Violations

July 31st, 2018 | Posted in General

WASHINGTON, DC – The U.S Department of Transportations Federal Aviation Administration (FAA) proposes a $160,500 civil penalty against Woodioso Technology Limited of Hong Kong for allegedly violating the Hazardous Materials Regulations.

The FAA alleges that on January 3, 2017, Woodioso knowingly offered a shipment of 30 lithium ion batteries to United Parcel Service for shipment by air from Hong Kong to the companys service facility in Louisville, Kentucky.

United Parcel Service employees in Louisville discovered the batteries when the shipment arrived on January 4, 2017.

The FAA alleges Woodioso did not keep the batteries separated to prevent them from contacting each other during shipment. This type of improper packaging can create sparks or generate a dangerous evolution of heat. Improperly packaged lithium ion batteries are considered forbidden materials for air transportation.

The FAA also alleges that the shipments were not accompanied by a shippers declaration of dangerous goods and were not properly classed, described, packaged, marked, labeled or in the proper condition for shipment.

Additionally, the Agency alleges Woodioso failed to ensure that each of its employees received required hazardous materials training, and failed to provide emergency response information with the shipment.

Woodioso did not respond to the enforcement letter the FAA sent to the company in April 2018. Accordingly, the FAA last week issued the company a final notice explaining it has 15 days after receiving the notice to pay the proposed civil penalty, an otherwise agreed upon amount, or request a hearing.

USTR Announces New Tariff Proposals That May Impact Primary and Secondary Batteries Imported from China

July 12th, 2018 | Posted in General

The Office of the U.S. Trade Representative (USTR) released on July 10^th an additional list of Chinese goods that will potentially be subjected to 10% tariffs, including certain primary and secondary cell and battery products listed below.

This latest list follows two prior lists of Chinese products announced by USTR on June 15^th.  The first list covers 818 tariff lines (including certain batteries) with a trade value of $34 billion, which were subjected to 25% duties as of July 6^th.  USTR’s second list covers 284 tariff lines (including more batteries) with a trade value of $16 billion.  These products may also be subject to 25% duties after a public comment and hearing period, which is currently underway.

Tariffs will not be put in place immediately on this latest list of Chinese products. USTR is requesting comments on the new list first, which are due by August 17^th.  USTR will also conduct a hearing on August 20^th.

ICC Fire Code Action Committee Endorses New Provisions for Used and Off Specification Lithium Batteries

June 27th, 2018 | Posted in General

The International Code Council’s Fire Code Action Committee (FCAC) on June 19, 2018 approved proposals on used and off specification lithium batteries for incorporation into the 2021 International Fire Code (IFC). The ICC will now accept public comments on these proposals until July 16, 2018, which will be posted on their website by August 31, 2018. The public comments will be addressed at the ICC’s Public Comment Hearing in Richmond, VA October 24 – 31, 2018.

Contact George Kerchner at gkerchner@wileyrein.com for more information.

USA Today Reports on Fire Risks from Lithium ion Batteries Placed in Trash and California Battery Awareness Campaign

May 21st, 2018 | Posted in General

On May 18, 2018, the USA Today reported on the potential fire risks from lithium ion batteries placed in the trash by consumers. The article notes that “65% of waste facilities fires in California last year began with lithium ion batteries.” California launched an awareness campaign to educate consumers on the need to keep the batteries out of the garbage trucks and landfills. The full article can be found here.

PRBA and Other Trade Groups File Proposals with UN Transport Agency to Address Testing Requirements, Shipments of Damaged/Defective Lithium Batteries

April 11th, 2018 | Posted in General

PRBA, in coordination with other industry associations, has filed a proposal with the UN Sub-Committee of Experts on the Transport of Dangerous Goods to amend shipping regulations addressing damaged/defective lithium batteries. The proposal stems from the ongoing regulatory challenges in defining what is considered a damaged/defective lithium battery and determining the type of packaging required.

A second proposal amends the UN38.3 testing requirements for primary lithium batteries. The third proposal seeks to amend or add a special provision on the shipping requirements associated with lithium batteries that are packed with equipment.

The UN Sub-Committee is scheduled to meet June 25 – 29, 2018 in Geneva, Switzerland. For more information, contact George Kerchner at gkerchner@wileyrein.com or 202.719.4109.

PRBA to Participate in EPA Webinar on Management Challenges for Lithium Batteries at Electronics Recyclers

March 29th, 2018 | Posted in General

George Kerchner, Executive Director of PRBA – The Rechargeable Battery Association, will participate in a U.S. Environmental Protection Agency webinar on April 5 from 1:00 p.m. until 2:30 pm on the challenges of managing lithium batteries at electronics recycling facilities.

The EPA webinar will be presented as a panel discussion on the problems electronics recyclers are facing, recommended best practices for removal and transportation of lithium batteries, and suggestions for how electronics manufacturers and recyclers can work together to address these issues.

The webinar is a follow up to EPA’s March 22 webinar on lithium batteries and the challenges that they pose to the waste and recycling industries.

Other scheduled webinar speakers include:

• • Craig Boswell, the co-founder and president of HOBI International, Inc
  • Kevin Leary, an international transportation specialist with the U.S. Department of Transportation’s Pipeline Hazardous Materials Safety Administration (PHMSA).
  • Neil Peters-Michaud, founder and CEO of Cascade Asset Management

IFC Fire Code Action Committee to Consider Proposals on Lithium ion Battery Storage Requirements

March 9th, 2018 | Posted in General

The International Code Council’s Fire Code Action Committee (FCAC) will meet on March 13 and 14 in Chicago to consider substantive changes to the IFC that address the storage of “used and off-spec” and new lithium ion batteries at retail locations and industrial facilities (e.g., battery recyclers and sorters).  PRBA will participate in the meeting and comment on proposals associated with lithium ion batteries.

The IFC currently lacks guidance on the protection levels necessary for the storage of lithium ion batteries.  One proposal on the FCAC’s agenda would classify lithium ion batteries as a “high-hazard commodity.” If approved by FCAC, the new commodity classification would provide guidance to IFC enforcement officials on general fire protection and life safety systems required where lithium ion batteries are stored.

For more information, contact George Kerchner at 202.719.4109 or gkerchner@wileyrein.com

EPA to Host Webinar on Lithium Batteries and Challenges They Pose to Waste and Recycling Industries

February 27th, 2018 | Posted in General

The U.S. Environmental Protection Agency (EPA) will be hosting a free webinar on An Introduction to Lithium Batteries and the Challenges that they Pose to the Waste and Recycling Industry.  The webinar is scheduled for March 22, 2018 from 1:00 to 2:30 pm EST.  According to the Agency’s website, the webinar “will cover the basics of lithium batteries, the impacts to the waste management industry, and information on lithium battery recycling.”  The speakers for the webinar include Carl Smith with Call2Recycle, Michael Timpane with RRS, and Jeffrey Spangenberger with Argonne National Laboratory.

PRBA Urges Holiday Flyers to Heed Battery Safety Rules

December 20th, 2017 | Posted in General

Washington (December 14, 2017) – PRBA-The Rechargeable Battery Association today released its annual holiday safety guide for airline passengers traveling with lithium batteries and battery-powered electronic devices.

“Safety remains PRBA’s No. 1 priority. With air travel surging over the 21-day holiday season, PRBA reminds airline passengers to scrupulously follow U.S. Department of Transportation regulations for lithium batteries and battery-powered devices in checked baggage and carry-ons,” said PRBA Executive Director George Kerchner.

In 2017, U.S. agencies, international regulators, trade associations and airlines all addressed the safety and security of the air transport of batteries on passenger aircraft. Passengers may be confused which safety requirements take effect this holiday season.

DOT’s Federal Aviation Administration (FAA) provides detailed information with helpful charts for airline passengers traveling with batteries. Please click here.

Airline passengers should be aware that some of the more highly publicized battery safety issues in 2017 have neither been finalized nor will be in effect over the holidays.

• The FAA has recommended that if battery-powered devices are packed in checked luggage, they should be completely turned off, protected from accidental activation and securely packed to ensure against damage. Most personal electronic devices, including laptops, cameras, cell phones and electronic games, are still permitted in both carry-on and checked baggage.
• Several airlines recently announced a ban on “smart” luggage with nonremovable lithium ion batteries and restrictions on those with removable batteries. The ban and restrictions do not begin until January 15, 2018.

Airlines for America, an industry trade group, has projected 51 million passengers will fly globally on U.S. airlines during the holiday period from December 15 through January 4, a 3.5 percent increase from 2016.

Below is a summary of FAA lithium battery regulations applicable to airline passengers.

Prohibited in checked baggage and carry-ons

• Damaged or recalled batteries
• Samsung Note 7 smartphone
• Hoverboard (Banned by most airlines)

Prohibited in checked baggage

• Spare lithium ion and lithium metal batteries
• Some medical devices
• Battery-powered portable smoking devices, including e-cigarettes and vaporizers

Permitted in checked baggage and carry-ons

• Virtually every consumer electronic product powered by lithium ion or lithium metal batteries, but the devices must be protected from accidental activation, damage and short-circuit
• Dry cell batteries such as nickel metal hydride, nickel cadmium, and alkaline batteries

Permitted in carry-ons

• Spare lithium ion batteries with a Watt-hour rating of no more than 100 watt hours
• Spare lithium metal batteries, typically used in cameras and flashlights, containing no more than 2 grams of lithium content
• No more than two spare larger-sized lithium ion batteries up to 160 watt hours but only with airline approval.
• E-cigarettes, but no vaping or charging is allowed.

Airline passengers can also improve the safety of themselves and their fellow passengers by following the safety precautions listed below:

• Keep spare batteries in their original packaging, a battery case, a separate pouch/pocket/baggie or tape over the electrical connections.
• Prevent loose batteries from moving around or coming in contact with metal objects such as coins.
• Charge only rechargeable batteries.
• Every battery comes with a compatible charger. Don’t mix and match. Use only the charger designed for the specific battery.
• If you must carry a battery-powered device in any baggage, package it to prevent inadvertent activation.
• Take steps to prevent crushing or puncturing of batteries by keeping your batteries and battery-powered devices in your carry-on bag when not using them

PHMSA Issues Notice on “Enforcement Discretion” and International Dangerous Goods Transport Regulations

March 1st, 2017 | Posted in General

The U.S. Department of Transportation’s Pipeline and Hazardous Materials Safety Administration (PHMSA) just released the attached 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. The Notice also can be found on PHMSA’s website.

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 labeled in accordance with the 2017-18 versions.”
• Use of either the 2015-2016 standards or the newer standards is authorized 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.

This means the new lithium battery mark and new lithium battery Class 9 hazard label may be used when shipping from, to, or within the U.S.

Earlier this month PRBA sent a letter to Secretary of Transportation Elaine Chao that was signed by 22 corporations and trade associations in which PRBA sought the earliest possible approval and publication of the HM-215N Harmonization Final Rule in order to harmonize the U.S. hazardous materials regulations with international dangerous goods regulations that took effect on January 1, 2017. 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 industry’s letter.

U.S. Postal Service Publishes Notice of Prospective Revision to Lithium Battery Mailing Standards

February 23rd, 2017 | Posted in General

The United States Postal Service (USPS) published in the Federal Register on February 22, 2017, a Notice of Prospective Revision (NPR) to the agency’s lithium battery mailing standards. (34 Fed. Reg. 11,373.) The proposed revisions to Publication 52 – Hazardous, Restricted, and Perishable Mail of the USPS Domestic Mail Manual (DMM) are intended to reflect recent and anticipated changes to the lithium battery provisions in the U.S. hazardous materials regulations and International Civil Aviation Organization Technical Instructions.

The most significant proposed revision is a prohibition on shipping lithium ion batteries by air via the USPS. The prohibition would not apply to equipment packed with or containing lithium ion batteries. The agency also is proposing new marking and packaging requirements for mail pieces containing lithium batteries.

Corporations and Trade Groups Ask DOT to Issue Hazmat Safety Rule Blocked by White House Regulatory Freeze

February 7th, 2017 | Posted in General

Corporations and Trade Groups Ask DOT to Issue Hazmat Safety Rule Blocked by White House Regulatory Freeze  

Washington (February 7, 2017) – In a letter sent on February 3^rd to incoming Secretary of Transportation Secretary Elaine Chao, 22 corporations and trade associations sought “the earliest possible approval” of a final rule that would address hazmat transport safety issues by harmonizing the U.S. hazardous materials regulations with international dangerous goods standards that took effect on January 1, 2017.

The release and publication of DOT’s Pipeline and Hazardous Materials Safety Administration final rule was initially posted on the Federal Register website but was put on hold per the regulatory freeze imposed by the January 20 White House memorandum to the heads of all federal departments and agencies.

“Its promulgation will not create any new risks in transport. In fact, it will ensure the U.S. hazardous materials regulations maintain alignment with international standards, thus assuring safety and avoiding disruptions to supply chains,” the letter stated. “Avoidance of such disruption is critically important to all of the undersigned manufacturers, retailers, wholesalers, exporters, importers, carriers, and industries,” the letter added.

“Our endorsement of the regulation also is consistent in our long-standing endorsement of harmonizing the U.S. HMR (hazardous materials regulations) with international standards. Harmonization avoids confusion among shippers, carriers and others in the logistics chain, maximizes safety, and reduces costs for U.S. businesses,” the letter said.

Signatories include numerous corporations and an array of trade associations representing airlines, battery and electronic product manufacturers, outdoor equipment and power tool manufacturers, the security industry, shippers of dangerous goods, and sporting arms and ammunition manufacturers.

PRBA Executive Director George Kerchner said trade association members were prepared to comply with the PHMSA regulation’s new labeling, packaging and testing requirements for lithium batteries that match the stringent international standards. “Different regulations create a fog of confusion that undermines safety while forcing companies to comply with inconsistent regulations when shipping domestically and internationally,” Kerchner emphasized.

’Tis the Season to Be Jolly – And Careful – PRBA Reminds Holiday Flyers to Follow FAA Battery Safety Rules

December 19th, 2016 | Posted in General

’Tis the Season to Be Jolly – And Careful
PRBA Reminds Holiday Flyers to Follow FAA Battery Safety Rules

Washington (December 16, 2016) – With holiday travel approaching a crescendo over the next two weeks, PRBA –The Rechargeable Battery Association is strongly urging airline passengers to heed Federal Aviation Administration restrictions that apply to lithium batteries and battery-powered consumer products placed in checked and carry-on baggage.

“If airline passengers scrupulously observe FAA regulations while taking appropriate packaging and other precautions while traveling with lithium batteries, they can avoid problems that could undermine safe travel this holiday season,” said PRBA Executive Director George Kerchner.

The latest wrinkle for travelers this holiday season: Leave your Samsung Note 7 smartphone at home. FAA banned the Note 7 from all flights to, from and within the United States, effective October 15. Passengers should also be aware that hoverboards were banned by many airlines last year.

The FAA in September updated information for airline passengers traveling with batteries, including answers to frequently asked questions and a helpful chart. Please click here

“Holiday flyers should be aware FAA allows portable electronic devices powered by lithium batteries such as cameras, cell phones, medical devices and watches aboard the aircraft, either in checked or carry-on luggage,” Kerchner said. FAA prohibits spare lithium batteries and e-cigarettes in checked baggage, including packages and presents, Kerchner added. Spare lithium batteries may be placed in carry-on luggage, he said.

Airlines for America, an industry trade group, has projected 45.2 million passengers, up 3.5 percent from 2015, will fly globally on U.S. airlines during the 21-day 2016 holiday season starting December 16 and continuing until January 5.

Below is a summary of FAA lithium battery regulations applicable to airline passengers.

Prohibited in checked and carry-on baggage

• Samsung Note 7 smartphone
• Damaged or recalled lithium batteries

 Permitted in checked baggage

• Virtually every consumer electronic product powered by lithium ion or lithium metal batteries, but the devices must be protected from accidental activation, damage and short-circuit
• Dry cell batteries like nickel metal hydride, nickel cadmium, and alkaline batteries

Permitted in carry-ons

• Spare lithium ion batteries with a Watt-hour rating of no more than 100 watt hours
• Spare lithium metal batteries, typically used in cameras and flashlights, containing no more than 2 grams of lithium content
• No more than two spare larger-sized lithium ion batteries up to 160 watt hours but only with airline approval.
• Virtually every consumer electronic product powered by lithium ion or lithium metal batteries, but the devices must be protected from accidental activation, damage and short-circuit

Airline passengers can also improve safety by following the safety precautions listed below:

• Keep spare batteries in their original packaging, a battery case, a separate pouch/pocket/baggie or tape over the electrical connections.
• Prevent loose batteries from moving around or coming in contact with metal objects such as coins.
• Charge only rechargeable batteries.
• Every battery comes with a compatible charger. Don’t mix and match. Use only the charger designed for the specific battery.
• If you must carry a battery-powered device in any baggage, package it to prevent inadvertent activation.
• Take steps to prevent crushing or puncturing of batteries by keeping your batteries and battery-powered devices in your carry-on bag when not using them.

“Safety is PRBA’s No. 1 priority. Whether heading home for the holidays, traveling to a favorite vacation spot or flying for business, passengers should observe FAA rules and follow relevant safety procedures for batteries and battery-powered devices,” Kerchner urged.

PRBA and Air Transport Industry Urge Global Crackdown On Illegal Shipments of Lithium Batteries

August 22nd, 2016 | Posted in General

PRBA and Air Transport Industry Urge Global Crackdown On Illegal Shipments of Lithium Batteries

Washington (August 22, 2016) – PRBA – The Rechargeable Battery Association, alongside other industry trade groups, has called for tougher enforcement of international transport regulations imposed on lithium battery manufacturers and shippers.

“The flagrant abuse of the stringent ICAO dangerous goods regulations that apply to the manufacturing, testing, labeling, packaging and shipping of lithium batteries must be stopped,” said PRBA Executive Director George Kerchner. “For too long, the criminal behavior of only a handful of unscrupulous lithium battery manufacturers and shippers has unfairly threatened the outstanding safety record of legitimate battery manufacturers while posing a clear and present danger that governments can best address through cooperative enforcement initiatives,” Kerchner added.

In a joint letter to transport, civil aviation and trade regulators in numerous countries, PRBA, IATA (the International Air Transport Association), RECHARGE (the European Advanced Rechargeable and Lithium Battery Association) and TIACA (The International Air Cargo Association) emphasized that the major safety concern “lies not with correctly shipped batteries but the willful disregard of the regulations by rogue manufacturers and shippers.”

“The answer to improving safety is the strict enforcement of existing regulations” supported by significant fines and criminal penalties, the letter stated. The letter stressed that a ban on the shipment of lithium batteries would only “add to the cost of global battery supply chains and consumer goods, while encouraging those who flout the law, further increasing safety and security risks.”

IATA has also released a video that underscored its call for a crackdown on non-compliant manufacturers and shippers of lithium batteries.

Kerchner cautioned that a ban on the shipment of lithium batteries aboard aircraft would put lives at risk by slowing delivery of life-critical and life-enhancing medical equipment and jeopardize the national security of many countries because a large number of military applications are increasingly dependent on and powered by lithium batteries.

The joint letter is just the most recent of longstanding and numerous PRBA efforts seeking strict enforcement of existing ICAO and other regulations addressing the safe air transport of lithium batteries. In June, PRBA, citing a troubling “enforcement gap,” sought a crackdown on non-compliant battery manufacturers in China. Two years ago, in a letter to ICAO, PRBA termed the lack of enforcement an issue “of global concern” and asked the organization for a meeting near Hong Kong to address compliance problems plaguing the battery industry and the lack of vigorous state enforcement efforts.

“The battery industry has waited far too long for government enforcement efforts that remain the best way to improve compliance and thereby enhance the safe manufacture and transport of lithium batteries,” Kerchner said.

PRBA Proposal on Transporting Containerized Lithium Batteries For Energy Storage Adopted by UN Sub-Committee

July 14th, 2016 | Posted in General

PRBA Proposal on Transporting Containerized Lithium Batteries For Energy Storage Adopted by UN Sub-Committee

Washington (July 14, 2016) – PRBA – The Rechargeable Battery Association announced today that the United Nations Sub-Committee of Experts on the Transport of Dangerous Goods has adopted a PRBA working paper on the transport of containerized lithium battery energy storage systems.

PRBA has long advocated for new dangerous goods regulations to govern the transport of containerized lithium batteries because the existing requirements are outdated and fail to account for the growth and unique transport requirements associated with the containers. Currently, lithium battery manufacturers often need to secure pre-shipment approval from the U.S. Department of Transportation or other competent authorities to ship the containerized batteries by road, rail, and sea.

At its meeting in Geneva earlier this month, the Sub-Committee adopted an approach recommended by PRBA, eliminating the need for regulatory approval and establishing new regulatory requirements under the UN Model Regulations that are consistent with industry practices.

“We are gratified the changes we advocated were agreed to at the UN Sub-Committee meeting,” said PRBA Executive Director George Kerchner. “The Sub-Committee action will simplify the transportation of containerized lithium batteries without sacrificing safety,” Kerchner added.

“PRBA and its members are proud that lithium batteries are at the forefront of the clean energy revolution. Energy storage relying on lithium batteries is increasingly recognized as a critical component of a sustainable energy future,” he said. .

Battery storage systems can capture power from the sun and wind when it’s available and release the electricity on demand, eliminating the biggest drawback to renewable energy. Lithium ion batteries have been deployed in a variety of energy storage systems, ranging from smaller units in residences with rooftop photovoltaic systems to much larger batteries used by utilities to provide ancillary services for the electric grid. As the price of lithium ion batteries needed for energy storage plummets, experts predict enormous market growth for battery storage amid the integration of renewables into the electricity grid. A study by Navigant Research has predicted utility-scale solar battery storage will grow 15 times by 2025.

The Sub-Committee also unanimously approved a PRBA and RECHARGE working paper that will clarify the package marking and labeling requirements for small batteries initially offered for air transport and subsequently transported by ground and sea.

PRBA Urges Crackdown on Non-Compliant Lithium Ion Battery Manufacturers in China

June 10th, 2016 | Posted in General

PRBA Urges Crackdown on Non-Compliant Lithium Ion Battery Manufacturers in China
Companies in China Have “Knowingly Violated” Transport Regulations

Washington (June 10, 2016) – PRBA – The Rechargeable Battery Association has called for tough enforcement, new efforts to identify companies repeatedly violating the law and stiff fines to force China’s lithium ion battery manufacturers and shippers to comply with international transport regulations.

“Unfortunately, we are seeing an enforcement gap in China by agencies overseeing the transport of lithium ion batteries,” PRBA Executive Director George Kerchner said during a recent presentation at the 8^th U.S. – China Transportation Forum in Los Angeles.

PRBA presented several examples of companies manufacturing in China knowingly violating dangerous goods transport regulations, including undeclared and knowingly mislabeled shipments of lithium ion batteries. The cargo manifest of UPS Flight 6, a cargo plane that crashed in Dubai in 2010, listed several large, undeclared lithium ion batteries which originated in China. Counterfeit lithium ion batteries from China pose another problem. Safety concerns are growing, in part, because China has emerged as one of the world’s largest producers of lithium ion batteries.

Lithium ion batteries manufactured in China are often shipped internationally from Hong Kong to avoid China’s regulatory oversight and dangerous goods regulations, which are inconsistent with international standards.  As a result, it seemingly has been difficult for Hong Kong authorities to enforce dangerous goods regulations on shippers and manufacturers of lithium ion batteries that originate in China, Kerchner said.

Kerchner recommended several solutions, including better coordination among regulators, airlines, freight forwarders, and the battery industry. China must enforce lithium battery safety regulations at the point of origin, including the initial shipper and the battery manufacturer, Kerchner emphasized.

Regulators also must identify companies that are repeat offenders, Kerchner said. Significant monetary penalties should be levied against companies who knowingly violate regulations, he added.

PRBA has repeatedly sought more aggressive enforcement to address the danger posed by non-compliant air shipments of lithium batteries. In an August 2014 letter to the International Civil Aviation Organization, PRBA said these matters “are of global concern,” but pointed out that “compliance and enforcement have been particularly problematic for products originating in the People’s Republic of China and shipped from Hong Kong.” PRBA asked ICAO to organize a meeting near Hong Kong to address the problem of non-compliant battery manufacturers, distributors and shippers and the lack of enforcement of dangerous goods regulations. Unfortunately, however, ICAO has failed to intervene.

An International Air Transport Association (IATA) official said at the 2015 World Cargo Symposium held in Shanghai that “flagrant abuses of dangerous goods shipping regulations, which place aircraft safety at risk, must be criminalized. Government authorities must step up and take responsibility for regulating producers and exporters.” IATA has also suggested many of the worst abuses occur in China.

About PRBA

PRBA members power the consumer electronics revolution. We deliver a safe, efficient, and essential power source for portable electronic equipment such as notebook computers, tablets, cellular phones and power tools, medical devices as well as hybrid and electric vehicles and containerized lithium ion battery stationary systems. PRBA members produce approximately 70 percent of the world’s lithium ion cells and account for billions of dollars in annual worldwide sales. With more than 70 members, PRBA is widely recognized as the nation’s authoritative source for information on rechargeable batteries.

PRBA and Large Industry Coalition Respond to U.S. Congress Work on FAA Reauthorization Bill

April 4th, 2016 | Posted in General

PRBA along with 40+ industry associations and companies have signed on to a letter that was delivered to the U.S. Senate’s majority and minority leader requesting changes to provisions in the Senate Commerce FAA reauthorization bill that relate to the transport of lithium ion batteries.  A copy of the letter is available for download.

State of Charge and Lithium ion Batteries: Definition, Measurement, and Dangerous Goods Regulations

March 22nd, 2016 | Posted in General

The recently released addendum to the ICAO Technical Instruction for the Safe Transport of Dangerous Goods by Air (2015-2016 Edition) will limit the state of charge (“SOC”) of lithium ion (Li-ion) batteries (UN3480) to a maximum of 30% when offered for air transport. Important questions have been raised as to measuring SOC and how compliance with this new regulation will be determined by enforcement agencies. PRBA has prepared a White Paper that explores what SOC means, how SOC is utilized in equipment, and addresses some of the challenges associated with measuring and enforcing this new requirement.

It is important to note that the SOC limit does not apply to Li-ion batteries that are packed with or installed in products (e.g., equipment (UN3481), vehicles (UN3171)).

State of Charge, Li ion Batteries, and DG Regulations (PRBA White Paper) – March 2016

PRBA Statement on the House Transportation and Infrastructure Committee’s Vote on AAIR (H.R. 4441)

February 12th, 2016 | Posted in General

Washington (February 11, 2016) – PRBA–The Rechargeable Battery Association applauds today’s vote by the House Transportation and Infrastructure Committee to include the amended version of Section 615 in the Aviation, Innovation, Reform and Reauthorization Act.

Enactment of Section 615 will bolster the safe air transport of lithium batteries without disadvantaging American citizens or businesses. Committee Chair Bill Shuster merits special recognition for developing and supporting this important measure.

Despite the outrageous rhetoric of opponents, here’s the reality: The legislation voted out of committee will help ensure the safe air shipment of lithium batteries.

Importantly, the legislation allows the continued harmonization of lithium battery regulations with historically more stringent international requirements while directing Federal agencies to step up enforcement efforts.

Consistent international regulation maximizes safety. A babel of complex and inconsistent transportation regulations undermines safety and undercuts compliance.

Moreover, the International Civil Aviation Organization (ICAO) has moved promptly and effectively to strengthen its regulations that apply to the air transport of lithium batteries. Expanded regulations will take effect as early as April 1. Section 615 directs the U.S. Department of Transportation to quickly incorporate the most recent ICAO requirements into U.S. law.

Many ICAO regulations, especially a rule limiting shipped lithium ion batteries to a 30 percent state of charge, address the safety concerns the Federal Aviation Administration raised in its recent Safety Alert for Operators. In fact, none of the dramatic FAA videos used to portray the risks associated with the shipment of lithium ion batteries depicted a lithium ion battery at 30 percent state of charge. And rigorous testing has shown a 30 percent state of charge limit significantly reduces the risks of lithium ion batteries in transport.

Even more important, enacting Section 615 will force federal agencies to push harder for strong international enforcement. DOT has in hand considerable evidence that many overseas shippers are not complying with existing rules. But DOT has resisted PRBA’s repeated requests that the department push for stronger enforcement. Enactment of Section 615 should overcome that resistance.

Shipments from parts of Asia are a particular concern. And there is no reason to expect scofflaws to comply with even tighter regulations unless they fear criminal penalties and business disruption.  Section 615 directs the Secretary of Transportation to increase U.S. pressure to see that all shippers, from anywhere in the world, either comply with the rules or are punished.

Notably, nothing in this provision restricts the existing authority of U.S. transportation regulators to adopt emergency battery safety regulations in the unlikely event of ICAO recalcitrance if they are truly merited. That power was granted under the 2012 FAA Reauthorization Act, with PRBA’s support.

Section 615 contains other valuable provisions. For example, the section mandates a formal, balanced Federal Advisory Committee capable of promptly informing government and other stakeholders of new technologies, including fire suppression advances. The Committee will also assure open consideration of U.S. government policy.

With the Committee’s favorable action, we look forward to prompt action on the floor of the House and in the U.S. Senate.

About PRBA

PRBA members power the consumer electronics revolution. We deliver a safe, efficient, and essential power source for portable electronic equipment such as notebook computers, tablets, cellular phones and power tools, medical devices as well as hybrid and electric vehicles and containerized lithium ion battery stationary systems. PRBA members produce approximately 70 percent of the world’s lithium ion cells and account for billions of dollars in annual worldwide sales. With more than 70 members, PRBA is widely recognized as the nation’s authoritative source for information on rechargeable batteries.

PRBA Statement on ICAO’s Air Navigation Commission Decision To Ban the Shipment of Lithium Ion Batteries On Passenger Aircraft

January 28th, 2016 | Posted in General

PRBA–The Rechargeable Battery Association is extremely disappointed with today’s Air Navigation Commission decision. The ANC action represents an unprecedented departure from ICAO’s procedures and overrides decisions that experts on ICAO’s Dangerous Goods Panel made in October after extensive discussions and debate. ANC’s decision also ignored ICAO’s ongoing efforts to address the safe transport of lithium ion batteries through more stringent packaging, state of charge limits, labeling requirements as well as the development of a groundbreaking lithium battery performance-based standard.

Unfortunately, the ANC completely failed to address the most important safety issue associated with lithium batteries in transport: the lack of compliance and enforcement of the existing lithium battery dangerous goods regulations. The ban on the shipment of lithium ion batteries aboard passenger aircraft also raises serious questions about the delivery of lifesaving medical device batteries needed by patients, doctors, nurses and hospitals in remote areas and shipments to US armed services around the world.

PRBA Applauds U.S. DOT’s Safety Alert on Hoverboards, Seeks Aggressive Action Against Non-Compliant Lithium Battery Shippers

December 30th, 2015 | Posted in General

Washington (December 30, 2015) – PRBA – The Rechargeable Battery Association today congratulated the U.S. Department of Transportation’s Pipeline and Hazardous Materials Safety Administration for issuing a safety alert on hoverboard shipments  and intercepting 32 cargo containers of hoverboards with lithium batteries improperly prepared for shipment.

According to one report, millions of hoverboards have been shipped from China this year, 400,000 from Shenzhen in October alone.

“As international regulatory authorities like the ICAO Dangerous Goods Panel strengthen lithium battery transport regulations, the recent DOT safety alert on hoverboards has exposed a well-known fact regarding low-priced lithium batteries: Transport, safety and customs agencies in certain regions of the world are not taking the necessary steps to enforce national and international lithium battery regulations,” said PRBA Executive Director George Kerchner.

Unfortunately, manufacturers often:

• Fail to meet basic battery and product safety, design and manufacturing standards
• Do not comply with the mandatory testing requirements in international transport regulations
• Produce fake test reports
• Mislabel their batteries to avoid compliance with transport regulations
• Produce counterfeit batteries

“These compliance failures have unfairly jeopardized the integrity of legitimate and high-quality lithium battery and product manufacturers. For 35 years, the industry has  produced billions of safe and reliable lithium batteries for use in thousands of consumer products, military and aerospace applications, hybrid and electric automobiles and life-saving medical devices,” Kerchner said.

PHMSA’s recent investigation found that more 80 percent of shippers were unable to provide valid test reports as required under the United Nations Manual of Tests and Criteria. Testing of lithium batteries under this standard is required by the U.S. hazardous materials transportation regulations. Also, the U.S. Customs and Border Protection recently announced that the agency has seized 164 hoverboards with fake batteries or other counterfeit marks. “Counterfeit batteries remain a plague on our industry and a danger to consumers,” Kerchner said.

“PRBA believes it is time for DOT – an agency that has spent millions of dollars testing lithium batteries – to invest its resources in finding solutions to stem the hemorrhaging of non-compliant lithium battery shipments,” Kerchner emphasized.

“The first step must be a meeting between industry, U.S. and international regulators with jurisdiction over the transportation, safety and export of lithium batteries and battery-powered products,” Kerchner concluded.

About PRBA

PRBA members power the consumer electronics revolution. We deliver a safe, efficient, and essential power source for portable electronic equipment such as notebook computers, tablets, cellular phones and power tools, medical devices as well as hybrid and electric vehicles and containerized lithium ion battery stationary systems. PRBA members produce approximately 70 percent of the world’s lithium ion cells and account for billions of dollars in annual worldwide sales. With more than 70 members, PRBA is widely recognized as the nation’s authoritative source for information on rechargeable batteries.

Don’t Be a Grinch! PRBA Urges Holiday Flyers to Heed DOT Battery Safety Rules

December 18th, 2015 | Posted in General

With the holiday travel season set to begin this weekend, PRBA –The Rechargeable Battery Association is reminding airline passengers to follow U.S. Department of Transportation safety regulations on lithium batteries and battery-powered consumer products in checked and carry-on baggage.

“If airline passengers comply with the DOT regulations on lithium batteries and take appropriate packaging and other precautions, they can minimize mistakes that could raise safety issues this holiday season,” said PRBA Executive Director George Kerchner.

“Holiday flyers should be aware that the DOT prohibits spare lithium batteries in checked baggage but not carry-ons, including packages and presents,” Kerchner said. “Consumer electronic devices powered by lithium batteries such as cameras, cell phones, tablets and watches are permitted in either checked or carry-on baggage,” he added.

Airlines for America, an industry trade group, is projecting 38.1 million passengers will fly on U.S. airlines during the 2015 holiday season from December 18 until January 3, up 3 percent per day from 2014.

In October, DOT’s Federal Aviation Administration reiterated its longstanding lithium battery regulations and “strongly urged” airlines to inform passengers during ticketing, check in and at the gate that spare lithium batteries are prohibited in checked luggage.

Below is a summary of DOT lithium battery regulations applicable to airline passengers.

Prohibited in checked baggage

* Spare lithium ion and lithium metal batteries

* Battery-powered portable smoking devices, including e-cigarettes and vaporizers

Permitted in checked baggage and carry-ons

* Virtually every consumer electronic product powered by lithium ion or lithium metal batteries, but the devices must be protected from accidental activation

Permitted in carry-ons

* Spare lithium ion batteries with a Watt-hour rating of no more than 100 Wh and lithium metal batteries containing no more than 2 grams of lithium content. This size covers AA, AAA, camera, cell phone, tablet, and handheld game batteries. The Wh rating is marked on newer lithium ion batteries.

* With airline approval, a limit of two larger-sized lithium ion batteries up to 160 Wh plus another contained in a product such as audio-visual equipment,

* Battery-powered portable smoking devices, including e-cigarettes and vaporizers, but crew and passengers barred from charging these devices aboard the aircraft.

In a recent development, numerous airlines have banned “Hoverboards,” a battery-powered two-wheel glider and a popular holiday gift, in checked and carry-on baggage. Passengers should check with their airline before traveling to the airport with these devices.

Airline passengers can also improve safety by following the safety precautions listed below.

· Keep spare batteries in their original packaging, a battery case, a separate pouch/pocket or tape over the electrical connections.

· Prevent loose batteries from moving around or coming in contact with metal objects such as coins.

· Charge only rechargeable batteries.

· Every battery comes with a compatible charger. Don’t mix and match. Use only the charger designed for the specific battery.

· If you must carry a battery-powered device in any baggage, package it to prevent inadvertent activation.

· Take steps to prevent crushing or puncturing of batteries.

“Batteries must be used, treated and packaged correctly to ensure safety during the holidays,” Kerchner emphasized.

PRBA Statement on Hoverboards and Lithium Ion Batteries

December 18th, 2015 | Posted in General

PRBA – The Rechargeable Battery Association said today the widely-publicized hoverboard’s safety issues were likely caused by manufacturers using poorly manufactured and designed or even counterfeit lithium ion batteries.

“Blaming reputable battery manufacturers for the hoverboard’s safety problems is incorrect and unfair. There is mounting evidence demonstrating that low-cost hoverboard manufacturers based in China are relying on substandard batteries,” PRBA Executive Director George Kerchner said.

“We see very few safety problems with lithium ion batteries or devices powered by them from reputable suppliers that have met stringent testing requirements, rigorous quality control standards and tough regulatory safeguards,” Kerchner said. “We do have concerns about a handful of companies willing to manufacture and ship products containing poorly manufactured lithium ion batteries rushed to market in order to meet consumer demand during the holiday season,” Kerchner added.

Safety is the No. 1 priority for all PRBA members. Billions of lithium ion batteries have been safely manufactured by PRBA members over the last 25 years. Lithium ion batteries safely power thousands of consumer electronic products, including cameras, cell phones and tablets, life-saving medical devices such as heart defibrillators and high-tech equipment and jet fighters deployed by America’s armed services.

Many hoverboards appear to be an unfortunate anomaly. Here’s why: Some hoverboards apparently violate the battery safety requirements scrupulously observed by most of the battery industry and its customers. This includes meeting the mandatory testing requirements in all of the international dangerous transport regulations and voluntary industry standards such as ANSI/UL 2271.

Delta Airlines has said some hoverboards were mislabeled and use batteries that exceed the Watt-hour rating for batteries that may be carried on planes by passengers. No responsible supplier would ship such products. Some hoverboard batteries also reportedly are counterfeit versions of high-quality lithium ion batteries. According to press accounts, hoverboard manufacturers using the counterfeit batteries then willfully misinformed shippers and regulatory authorities that these batteries were produced by reputable manufacturers.

The U.S. Customs and Border Protection recently issued a warning about counterfeit hoverboard batteries and announced that the agency has seized 164 hoverboards with fake batteries or other counterfeit marks. PRBA appreciates the efforts of the CBP and other federal agencies that have been aggressively enforcing the applicable safety and import/export laws.

It’s important that any misconduct by hoverboard manufacturers and their misuse of lithium ion batteries be stopped. Hoverboard manufacturers and their battery suppliers must observe the same safety regulations that apply to the rest of the battery industry.

It would also be unfortunate if the blatantly illegal actions and aberrant behavior of a few rogue manufacturers were allowed to distort the battery industry’s exemplary safety record.

In fact, the hoverboard controversy again demonstrates that the best way to ensure safety is to bolster compliance through improved enforcement efforts against non-compliant manufacturers, importers and shippers of products containing lithium ion batteries.

ICAO Adopts Strictest Rules Ever for Air Transport of Lithium Ion Batteries Including 30% State of Charge Limit, Rejects Passenger Aircraft Ban

November 16th, 2015 | Posted in General

The International Civil Aviation Organization (ICAO) Dangerous Goods Panel (DGP) agreed to sweeping changes to the lithium ion and lithium metal battery Packing Instructions in the ICAO Technical Instructions for the Safe Transport of Dangerous Goods by Air during its October 19 – 30 meeting in Montreal. The most significant of these is a 30% state of charge (SOC) limit on lithium ion cells and batteries shipped by air in accordance with Packing Instruction 965 of the ICAO Technical Instructions. Cells and batteries may exceed a 30% SOC if approved by the competent authority in the country of origin and the operator (airline).

The DGP’s SOC limit does not apply to lithium ion cells or batteries packed with or contained in products such as cell phones, power tools, tablets, medical devices, electric vehicles and military equipment.

PRBA voiced concerns at the meeting about the impact of such a low SOC limit on cell quality and safety. Lithium ion cells and batteries require protection from both high and low voltages. For example, prolonged low SOC and low voltage conditions could pose a safety hazard and result in dissolution of metals (principally copper) within a cell.

The 30 percent SOC will require cell and battery manufacturers to undertake massive changes to existing manufacturing processes and business practices. PRBA also questioned the DGP’s recommended SOC effective date of April 1, 2016 instead of January 1, 2017, which would typically be the normal transition date for major changes adopted by ICAO. Our members will make every effort to comply with the new SOC limit. However, PRBA fears the April 2016 deadline is setting the battery industry up to fail.

PRBA supported DGP efforts to address battery transport safety concerns through more stringent packaging and shipping regulations under Section II of Packing Instructions 965 and 968 of the ICAO Technical Instructions. The DGP agreed to a prohibition on overpacking small lithium ion and lithium metal cells and batteries shipped in accordance with Section II of Packing Instructions 965 and 968 of the ICAO Technical Instructions.

ICAO continues to develop a performance-based standard for lithium batteries shipped by air. The Secretary of the DGP announced during the October meeting that ICAO has approached SAE International to facilitate the drafting of the standard, with the effort to begin in early 2016.

Finally, by an 11-7 vote, the DGP rejected a proposal to ban the shipment of lithium ion batteries as cargo on passenger aircraft. The majority of the DGP members believed the changes to the ICAO Technical Instructions (i.e., reducing state of charge and more stringent packaging for Section II cells and batteries) would bring the risks to an acceptable level and that these measures would not have the detrimental effect to world-wide demand and commerce if a ban was implemented. The majority also believed that a ban would result in an increase in undeclared shipments and that this would be a risk to safety. They also believed it should be up to each operator to determine whether they could mitigate the risks to an acceptable level based on their own unique assessment. The majority’s arguments against a ban are consistent with the positions PRBA has taken on the issue.

All decisions reached by the DGP must be reviewed and accepted first by the ICAO Air Navigation Commission and then the ICAO Council, which meets in January 2016. The ANC may modify or even reject the DGP changes. After the ANC accepts the proposed amendment, the group forwards the changes to the ICAO Council for formal acceptance. Only after the ICAO Council acts can the new Technical Instructions be amended.

The International Air Transport Association (IATA) has released a summary of these changes, which can be downloaded here.

For more information on PRBA’s participation in the ICAO DGP meetings and the changes to the lithium battery Packing Instructions in the ICAO Technical Instructions, contact PRBA Executive Director George Kerchner at prbatt@gmail.com or 202.719.4986.

PRBA Statement on Lithium Batteries in Checked Baggage and Recent FAA Safety Alert

October 13th, 2015 | Posted in General

PRBA – The Rechargeable Battery Association fully endorses today’s FAA’s safety alert and its request that airlines warn passengers not to put lithium batteries in their checked luggage. For years, FAA regulations have prohibited spare lithium batteries in checked luggage. PRBA has repeatedly endorsed and supported FAA efforts and encouraged full compliance. If airline passengers observe FAA safety requirements, they will minimize mistakes that could cause safety problems. Lithium batteries pose minimal risk aboard aircraft if the recommended safety precautions urged by FAA are followed.

Please attribute to George Kerchner, executive director of the PRBA – The Rechargeable Battery Association.

PRBA Statement on Recent ICAO Lithium Battery Transport Meeting

August 11th, 2015 | Posted in General

Please attribute this statement to PRBA Executive Director George Kerchner

Washington (August 10, 2015) – “A broad framework for moving forward on a performance-based standard for shipping lithium batteries by air was developed during the recent ICAO (International Civil Aviation Organization) meeting in Montreal. A performance-based standard will have a substantial impact on PRBA members, the lithium battery industry generally and the thousands of shippers and carriers involved in the transport of lithium batteries by air.

No decision was made on which standard setting organization should be responsible for developing the standard, although the FAA said the RTCA-a U.S. based aviation standards organization-may be appropriate for this effort. PRBA has requested a meeting with FAA officials to discuss the most efficient path forward to drafting and implementing this unprecedented lithium battery standard.

PRBA looks forward to participating in the October meeting of the ICAO Dangerous Goods Panel, which is expected to address the performance standard and other matters regarding the transport of lithium batteries by air, including high density shipments on aircraft and state of charge limits on lithium ion batteries.”

PRBA Statement on Boeing’s Recommendations to Airlines on Transporting Lithium Ion Batteries

July 20th, 2015 | Posted in General

Washington (July 18, 2015) – PRBA–The Rechargeable Battery Association shares Boeing’s goal of improving the safe transport of bulk shipments of lithium ion batteries by air. We look forward to continuing our engagement with Boeing and other aircraft manufacturers, the airline industry and regulators at the ICAO battery meeting in late July to discuss battery transportation issues, specifically a new and unprecedented lithium ion battery standard and packaging criteria.

Ongoing international regulatory initiatives, along with the development of innovative fire suppression technologies and more robust international enforcement efforts are reducing risk and advancing battery safety. Together, these ambitious efforts to improve transportation safety mitigate the need to prohibit air shipments of lithium ion batteries used daily in thousands of consumer, aerospace, medical, military, transportation and environmental applications.

Safety remains PRBA’s No. 1 priority and our members are proud of their outstanding safety record. We also have supported ICAO’s recent regulatory initiatives on lithium batteries, including new stringent packaging and labelling requirements. Billions of lithium ion batteries have been shipped safely by all modes of transportation over the last 25 years. PRBA is not aware of a single incident involving the transport by air of a fully compliant shipment of lithium ion batteries.

PRBA also remains concerned that certification of aircraft fail to consider the unique hazards associated with the carriage of any dangerous goods, not just those associated with lithium batteries.

About PRBA

PRBA members power the consumer electronics revolution. We deliver a safe, efficient, and essential power source for portable electronic equipment such as notebook computers, tablets, cellular phones and power tools, medical devices as well as hybrid and electric vehicles and containerized lithium ion battery stationary systems. PRBA members produce approximately 70 percent of the world’s lithium ion cells and account for billions of dollars in annual worldwide sales. With more than 70 members, PRBA is widely recognized as the nation’s authoritative source for information on rechargeable batteries.

Transport Canada Addresses PRBA Concerns on New Lithium Battery Regulations, Affirms Compliance Deadline

May 29th, 2015 | Posted in General

First Regulatory Update on Lithium Batteries in Nearly 20 Years

Washington (May 28, 2015) – PRBA – The Rechargeable Battery Association said today that Transport Canada has responded to numerous questions the trade group raised regarding the new lithium battery provisions in the Agency’s Transport of Dangerous Goods Regulations and has confirmed these rules will take effect on July 1, 2015.

PRBA submitted a letter to Transport Canada earlier this year requesting clarification on a number of issues associated with the lithium battery shipping regulations, which generally are consistent with international dangerous goods requirements and the U.S. Department of Transportation’s lithium battery hazardous materials regulations. PRBA also sought a six-month delay to January 1, 2016, in the implementation of the regulations.

“We appreciate Transport Canada’s willingness to consider our questions on the new regulations and our concerns with the July 1, 2015 mandatory compliance date,” PRBA Executive Director George Kerchner said. He noted that these changes are the first update of the lithium battery provisions in the TDG Regulations in nearly 20 years and the substantive changes are expected to have a significant impact on shippers of new and used lithium batteries within Canada as well as the carriers transporting these batteries.

Transport Canada agreed with PRBA’s position on the new regulations applicable to shipping lithium batteries for disposal or recycling, the changes needed to the regulations for shipping prototype and low production lithium batteries and the changes to the language associated with United Nations battery testing requirements.

Transport Canada also acknowledged that the new documentation requirements for “consignments” of small lithium batteries may cause confusion amongst the regulated community and inspectors in Canada. The Agency offered to look into new wording to clarify the intent of the documentation provision. Transport Canada also confirmed the packaging requirements applicable to large format lithium batteries.

About PRBA

PRBA members power the consumer electronics revolution. We deliver a safe, efficient, and essential power source for portable electronic equipment such as notebook computers, tablets, cellular phones and power tools, medical devices as well as hybrid and electric vehicles and containerized lithium ion battery stationary systems. PRBA members produce approximately 70 percent of the world’s lithium ion cells and account for billions of dollars in annual worldwide sales. With more than 70 members, PRBA is widely recognized as the nation’s authoritative source for information on rechargeable batteries.

PRBA Eager to Assist ICAO in Developing New Standards for Air Shipments of Lithium Batteries

May 13th, 2015 | Posted in General

Washington (May 8, 2015) – PRBA – The Rechargeable Battery Association is ready to work with the International Civil Aviation Organization Dangerous Goods Panel on new performance-based standards to improve the safety of lithium batteries shipped by air on passenger and all-cargo aircraft.

“Safety continues to be PRBA’s No. 1 priority, as it is for regulators, airlines and aircraft manufacturers. PRBA welcomes the opportunity to play a role in this regulatory initiative that will have far-reaching implications on the lithium battery industry and thousands of entities involved in the shipping, handling and transport of lithium batteries,” PRBA Executive Director George Kerchner said.

During its meeting last week in Montreal, the ICAO DGP agreed to develop these new performance-based standards for lithium cells and batteries after concerns were raised about the risks associated with high-density shipments of lithium cells and batteries aboard aircraft.

ICAO is planning to hold an informal working group meeting this summer to begin developing the new standard. The ICAO Dangerous Goods Panel also is scheduled to meet October 12-23, 2015 in Montreal.

About PRBA
PRBA members power the consumer electronics revolution. We deliver a safe, efficient, and essential power source for portable electronic equipment such as notebook computers, tablets, cellular phones and power tools, medical devices as well as hybrid and electric vehicles and containerized lithium ion battery stationary systems. PRBA members produce approximately 70 percent of the world’s lithium ion cells and account for billions of dollars in annual worldwide sales. With more than 70 members, PRBA is widely recognized as the nation’s authoritative source for information on rechargeable batteries.

PRBA to Participate In ICAO Meeting to Address Lithium Battery Air Transport Regulations

April 24th, 2015 | Posted in General

Battery Industry Addressing Transportation Safety Issues on Multiple Fronts  

Washington (April 24, 2015) – PRBA – The Rechargeable Battery Association Executive Director George Kerchner will attend the April 27 – May 1 meeting of the International Civil Aviation Organization Dangerous Goods Panel Working Group, which is expected to consider new restrictions on the air transport of lithium batteries.

“We are looking forward to this much-anticipated international meeting in Montreal. It brings together regulators and representatives from the global battery industry, airlines and aircraft manufacturers for a wide-ranging discussion on transportation policy,” Kerchner said.

“The safe transportation of lithium ion cells and batteries remains the highest priority for PRBA and its members. We hope to play a constructive role at this ICAO meeting and expect to address a number of safety issues,” Kerchner added.

PRBA submitted several papers for the Working Group meeting. In response to the International Air Transport Association proposal to place new restrictions on overpacks, or bulk shipments, of excepted lithium cells and batteries, PRBA responded with a Working Paper requesting ICAO to consider whether these new restrictions should be applied to small lithium metal button cells, and batteries designed exclusively for medical devices.

The ICAO agenda also includes a Working Paper from the International Coordinating Council of Aerospace Industries Associations, which represents aircraft manufacturers. ICCAIA’s paper has recommendations for new restrictions on the transport of lithium ion batteries, including a ban on bulk shipments of batteries on passenger planes until new packaging standards are developed. Several airlines recently have announced a prohibition on the transport of lithium ion batteries on both passenger and cargo aircraft. However, the airlines’ new restrictions do not impact the carriage of lithium ion batteries packed with or contained in products and equipment.

PRBA filed an Information Paper in response to ICCAIA’s recommendations that included data on lithium ion cell production, a summary of changes to the lithium ion battery regulations in the ICAO Technical Instructions over the last 15 years and an offer to work with ICCAIA to address their safety concern.

PRBA has also prepared a technical paper for the meeting in response to an ICAO recommendation that lithium ion cells be limited to 30% state of charge during transport.

The ICAO meeting is one of several important international events for the lithium battery industry in 2015. An Informal Meeting in association with the UN Sub-Committee of Experts on the Transport of Dangerous Goods has been scheduled for late August at PRBA’s offices in Washington, D.C. This meeting will consider and likely approve formal proposals for modifying existing lithium battery tests in the UN Manual of Tests and Criteria. At a related Informal Meeting in Brussels in late March, participants discussed numerous changes to the UN lithium battery tests but no proposals were adopted.

In Washington, Congress is expected to consider a Federal Aviation Administration reauthorization bill that could include provisions on lithium batteries. PRBA endorsed the 2012 FAA reauthorization, especially language that strengthened safety standards for the air transport of lithium batteries by directing the U.S. Department of Transportation to harmonize its lithium battery air transport rules with the more stringent requirements contained in the ICAO Technical Instructions.

About PRBA
PRBA members power the consumer electronics revolution. We deliver a safe, efficient, and essential power source for portable electronic equipment such as notebook computers, tablets, cellular phones and power tools, medical devices as well as hybrid and electric vehicles and containerized lithium ion battery stationary systems. PRBA members produce approximately 70 percent of the world’s lithium ion cells and account for billions of dollars in annual worldwide sales. With more than 70 members, PRBA is widely recognized as the nation’s authoritative source for information on rechargeable batteries.

U.S. Department of Transportation Extends Compliance Date on Lithium Battery Final in Response to Request Filed by PRBA and Retail Industry

February 19th, 2015 | Posted in General

The U.S. Department of Transportation, Pipeline and Hazardous Materials Safety Administration (PHMSA) extended the mandatory compliance date of the lithium battery final rule published on August 6, 2014 from February 6, 2015 until August 7, 2015. However, the extension does not apply to shipments offered for air transport.

On January 30, 2015, PRBA, the Retail Industry Leaders Association, the Food Marketing Institute and National Retail Federation filed a request with PHMSA for a six month extension to the current mandatory compliance date. The extension was requested because it had become apparent that the six month transitional period adopted in the final rule did not provide sufficient time, particularly for the retail industry, to compile the detailed lithium battery information necessary for compliance. The letter from the industry associations also noted that the retail businesses and their suppliers have been working diligently to develop information technology systems and business processes to identify consumer products impacted by the regulation but will take additional time to implement.

A copy of the notice of extension that will be published in the Federal Register is available on PHMSA’s website:

PHMSA Notice of Extension for Lithium Battery

PRBA Urges Commerce Department to Propose Higher Energy Density Limits on Exports of Secondary Battery Cells

January 15th, 2015 | Posted in General

State-of-the Art Cells Power Electric Vehicles and Grid-Based Energy Storage Systems

Washington (January 14, 2015) – PRBA – The Rechargeable Battery Association has asked the U.S. Department of Commerce to propose at the next meeting of the Wassenaar Arrangement higher energy density limits for secondary cells needed to meet global demand for their use in hybrid and electric vehicles, grid-based clean energy storage systems and portable electronic consumer products.

Secondary battery cells with an energy density exceeding 300 Wh/kg are subject to international controls under the Wassenaar Arrangement established in 1996 to promote transparency in the international sales of conventional arms and dual-use goods and technologies.

The existing energy density limit under the Wassenaar Arrangement “is unnecessarily inhibiting our members’ ability to optimize and market a number of promising cutting-edge lithium ion cell technologies for non-military, commercial purposes,” PRBA wrote in a letter to the Commerce Department.

“However, there is a need to encourage innovation and to commercialize cutting edge lithium ion cell technologies for non-military applications,” PRBA’s letter said, calling existing density limits “a significant impediment to those goals.”

Over the past 20 years, battery industry innovators have produced significant increases in the amount of energy stored per unit of volume or mass to meet the growing demand for higher density lithium cells by some of the world’s greenest companies, the letter stated. The density limit for secondary cells can easily be exceeded by existing lithium ion chemistries and newer technologies, the letter added.

Companies manufacturing in countries that are not part of the Wassenaar Arrangement can produce high energy density lithium ion cells and market them globally with no limitations. Therefore, American companies are “being competitively penalized because they do not have the same freedom to develop high energy density cell technologies and bring them to market,” the letter stated.

Although PRBA sought elimination of the 300 Wh/kg restriction, the letter said increasing the limit to 800 Wh/kg would be an acceptable alternative.

“The battery industry is global in scope, innovative by necessity,” said George Kerchner, PRBA’s executive director. “International trade is essential to our continued growth and prosperity,” Kerchner emphasized. “We appreciate the Commerce Department’s willingness to consider our request as they prepare for the next Wassenaar Arrangement meeting scheduled for April, 2015. PRBA looks forward to a speedy and hopefully favorable resolution of this issue,” he added.

PRBA Reminds Travelers Flying Over the Holidays To Observe DOT Rules for Lithium Batteries

December 19th, 2014 | Posted in General

Washington (December 18, 2014)—As the holiday travel season reaches its peak the next two weeks, airline passengers should remember the importance of following the U.S. Department of Transportation safety regulations that apply to lithium batteries and battery-powered consumer electronic products in checked baggage or carry-on luggage, PRBA – The Rechargeable Battery Association said today.

“If airline passengers observe the Department of Transportation safety requirements, they will minimize mistakes that can cause problems with lithium batteries and every day products such as cell phones, tablets, e-readers and laptops containing these batteries,” said PRBA Executive Director George Kerchner.

An estimated 45 million people are expected to fly on U.S. airlines during the holiday season that started Wednesday, December 17 and continues through Sunday, January 4, according to estimates by Airlines for America, an industry trade group.

Below are the regulations applicable to lithium ion and lithium metal batteries and products containing those batteries carried on aircraft by passengers.

• Spare lithium ion and lithium metal batteries are strictly prohibited in checked baggage but are permitted in carry-on baggage. But there are size restrictions. Lithium metal batteries may not contain more than two grams of lithium metal and lithium ion batteries may not exceed a Watt-hour (Wh) rating of 100 Wh.
• Portable electronic equipment containing lithium ion batteries with a Wh rating not exceeding 100 Wh or lithium metal batteries not exceeding two grams of lithium metal may be placed in checked or carry-on baggage.
• In addition, lithium ion batteries larger than 100 Wh but not exceeding 160 Wh may be carried aboard the aircraft if approved by the airline. These larger lithium ion batteries are limited to two spares plus one installed in the equipment and must always be placed in carry-on baggage. These larger lithium ion batteries can be found in professional audio-visual and “extended life” after-market notebook computer applications.
• Damaged or recalled batteries are strictly prohibited from being carried aboard the aircraft.

Lithium batteries pose minimal risk aboard aircraft if recommended safety precautions such as the ones listed below are undertaken.

• Keep spare batteries in their original retail packaging. If the original packaging is unavailable, tape over the electrical connections or place in a separate plastic bag.
• Prevent loose batteries from coming in contact with metal objects.
• Charge only rechargeable batteries.
• Use only the charger designed for the specific battery. Every battery comes with a compatible charger. Don’t mix and match.
• If you must carry a battery-powered device in any baggage, package it to prevent inadvertent activation.
• Take steps to prevent crushing or puncturing of batteries

“Batteries must be used, treated and packaged correctly. Travelers must understand that even the minimal risk associated with batteries and battery-powered products is further reduced if DOT regulations and procedures are followed,” Kerchner added.

Air Shipments of Lithium ion Batteries Are Safe – and Getting Safer

December 5th, 2014 | Posted in General

Battery Industry Coalition Has Endorsed Tougher Air Transport Regulations for Lithium Batteries

Washington (December 4, 2014) — Contrary to sensationalized media accounts, the air transport of lithium ion cells and batteries is fundamentally safe. As a result, the battery and electronics industries have an outstanding track record of safely shipping lithium ion batteries. And in 2014, U.S. and international regulations on the air transport of lithium batteries took a giant step forward.

The ongoing and combined efforts by U.S. and international transport authorities, the battery and electronics industries, airline industry and global shipping and transport companies are aimed at strengthening the lithium battery transport regulations and, very importantly, improving compliance and enforcement of existing rules.

Safety is the No. 1 priority for PRBA and our members. PRBA – The Rechargeable Battery Association leads a coalition that worked for several years with regulators to ensure U.S. regulations governing the air transport of lithium batteries were updated to harmonize with much stricter international regulations. In August 2014, the U.S. Pipeline and Hazardous Materials Safety Administration published a final rule on lithium batteries doing just this.

More recently, PRBA has aggressively supported additional regulatory responses to the U.S. Federal Aviation Administration tests and videos that have provided dramatic news footage for television networks. Meetings held in the U.S., Canada, Germany and Brazil over the last 10 months produced new lithium battery air transport regulations and proposals, endorsed by PRBA. These include a prohibition on the transport of lithium metal batteries as cargo on passenger aircraft that takes effect on January 1, 2015. In addition, new restrictions on large shipments of lithium ion and lithium metal batteries aboard passenger and cargo aircraft are being developed.

PRBA has also co-hosted working group meetings to consider revisions of mandatory UN lithium battery testing requirements. All these efforts are continuing, and will enhance safety.
Finally, PRBA for years has voiced its concerns about the importance of enforcement of all these regulations and testing requirements. Improved compliance and robust enforcement are essential to assuring safety. In August, PRBA formally wrote to the International Civil Aviation Organization requesting assistance to address this matter. PRBA has been informed by ICAO that the issue will be addressed at a meeting this year of the Directors General of Civil Aviation, Asia and Pacific Regions.

In short, the battery and electronics industries will continue working with U.S. and international regulators to enhance and improve the safe transport of all types of lithium batteries.
Lithium ion batteries powered the consumer electronics revolution. They are the fuel source for cellular phones, notebooks, tablets and many other consumer-type electronic products. They also are essential to life-saving medical devices, including portable diagnostic equipment, heart monitors and hand-held surgical tools. America’s armed services increasingly rely on lithium ion batteries, from advanced weapons systems to night vision goggles, because of their higher energy density and lighter weight.

The greening of the American economy depends on lithium ion batteries because they play a key role in electric and hybrid electric vehicles. Lithium ion batteries also are essential to combating climate change and in storing electricity produced by intermittent sources of clean energy such as solar and wind power.

PRBA understands that these benefits depend on the safe transport of lithium ion batteries. That’s why safety remains the No. 1 priority for PRBA and our members.

About PRBA

PRBA members power the consumer electronics revolution. We deliver a safe, efficient, and essential power source for portable electronic equipment such as notebook computers, tablets, cellular phones and power tools, medical devices as well as hybrid and electric vehicles and containerized lithium ion battery stationary systems. PRBA members produce approximately 70 percent of the world’s lithium ion cells and account for billions of dollars in annual worldwide sales. With more than 70 members, PRBA is widely recognized as the nation’s authoritative source for information on rechargeable batteries.