Associations Remind U.S. DOT of Legal Obligations in Light of Extensive Comments Filed on Lithium Battery Rulemaking
Friday, April 09, 2010
On April 7, 2010, a letter prepared by PRBA was sent to the U.S. Department of Transportation's Office of General Counsel requesting that they take steps to assure the Pipeline and Hazardous Materials Safety Administration (PHMSA) fully complies with its legal obligations in considering the extensive comments filed on the Agency's proposed rulemaking on lithium batteries. The letter also was signed by numerous trade associations, organizations and companies concerned about the lithium battery rulemaking. The letter reminds the DOT's General Counsel of PHMSA's requirements under the Hazardous Materials Transportation Act (HMTA), the Administrative Procedure Act (APA), and the other authorities that bear on the lawfulness of any final rule promulgated by the Agency.
Click here to download a coy of the letter.
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PRBA Urges PHMSA to Reject Lithium Battery Rulemaking And Adopt Internationally Recognized Transport Regulations
Tuesday, March 16, 2010
Washington, D.C. —PRBA- The Rechargeable Battery Association has recommended that the Pipeline and Hazardous Materials Safety Administration drop its proposed rule on the air shipment of lithium cells and batteries and instead adopt the International Civil Aviation Organization requirements in effect since 2009 but never implemented in the United States.
"Only by bringing U.S. regulations up to the current international standards will PHMSA be taking appropriate, legally sustainable action," PRBA said in its March 12 filing with the agency. PHMSA announced its proposed rule on transportation of lithium batteries on Jan. 8, 2010.
"PRBA remains strongly committed to safety," said George Kerchner, PRBA’s executive director. “But this rule would not address the principal cause for concern—non-compliance by shippers with existing transport regulations—while imposing unacceptable costs on all Americans."
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ICAO Agrees to Adopt PRBA Lithium Battery Proposals, Rejects Pilots Association Proposals
Monday, November 30, 2009
The International Civil Aviation Organization (ICAO) Dangerous Goods Panel (DGP) met in Montreal, Canada on October 5 -16, 2009 to complete their work on amending the ICAO Technical Instructions on the Safe Transport of Dangerous Goods by Air. Approximately 110 papers were filed with DGP, including 24 papers related to lithium batteries. Four PRBA proposals were adopted by the DGP. PRBA also was successful in securing reasonable changes to the lithium battery Packing Instructions. The changes adopted during this meeting will go into effect on January 1, 2011.
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PRBA Petition to Amend U.S. Harmonized Tariff Schedule Adopted
Monday, August 10, 2009
PRBA’s petition to change the reporting requirements in the U.S. harmonized tariff schedule for imported lithium ion and nickel metal hydride batteries into the U.S. has been adopted. The changes are effective for all imports made on or after July 1, 2009. The newly revised tariff schedule now includes two new provisions. New provision 8507.80.80.10 covers lithium ion batteries, while new provision 8507.80.80.20 covers nickel metal hydride batteries.
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Korea Agrees to Delay Implementation of Lithium ion Standard, Changes Position on Testing Labs
Tuesday, July 14, 2009
There has been substantial progress on the issue of Korea's lithium ion battery standard. PRBA has been working with the Office of the U.S. Trade Representative (USTR) and U.S. Department of Commerce in an effort secure a delay in the effective date of the Korean Agency for Technology and Standards (KATS) lithium ion battery standard that was scheduled to take effect on July 1, 2009. PRBA also requested that labs outside of Korea be authorized to test to this standard. (The standard currently designates four Korean labs for testing.)
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