PHMSA Sends New Lithium Battery Rule to OMB

Yesterday the OMB’s Office of Information and Regulatory Affairs (OIRA) announced that it had received an interim final rule from the DOT’s Pipeline and Hazardous Material Safety Administration amending the Hazardous Materials Regulation (HMR) provisions for the shipment of lithium batteries. This rulemaking appeared for the first time in the Spring 2016 Unified Agenda.

According to the Unified Agenda abstract:

“This action would amend the Hazardous Materials Regulations to incorporate three amendments that impact the transport regulations for packaged lithium cells and batteries not packed with or contained in equipment. These amendments would: (1) prohibit the transport of lithium ion cells and batteries as cargo aboard passenger carrying aircraft; (2) limit lithium ion cells and batteries to a 30 percent state of charge; and (3) limit the number of packages that may be offered under current provisions for small (excepted) cells and batteries to not more than one package per consignment. We anticipate these amendments will result in temporary supply chain disruptions [emphasis added] but will produce immediate safety benefits by eliminating vulnerability in the existing transport regulations.”

The same high energy density that has led to the ubiquitous use of lithium batteries is also a major contributor to the fires that have resulted during shipment and use of these batteries. It will be interesting to see if OIRA allows PHMSA to go directly to an interim final rule on this rulemaking this late in the life of this Administration. While safety, not politics, is almost certainly the impetus for the rulemaking, we can expect to hear cries of ‘midnight regulations’ if this rule is issued without the normal publish and comment process.

Note: I do not expect to provide any future coverage of this rulemaking on this blog.

Bills Introduced – 02-10-16

Yesterday with both the House and Senate in session 35 bills were introduced. Of those three may be of specific interest to readers of this blog:

HR 4517 To provide for greater transparency in and user control over the treatment of data collected by mobile applications and to enhance the security of such data. Rep. Johnson, Henry C. "Hank," Jr. [D-GA-4]

HR 4528 To preempt State data security vulnerability mandates and decryption requirements. Rep. Lieu, Ted [D-CA-33]

S 2528 A bill to promote the safe manufacture, use, and transportation of lithium batteries and cells, and for other purposes. Sen. Nelson, Bill [D-FL]

The two cybersecurity bills probably do not include any control system provisions, but they do provide an interesting look at Congress’ increasing and expanding interest in cybersecurity matters. I doubt that they will get much coverage on this blog.

The wide use of lithium batteries in consumer electronics makes for real interesting transportation (particularly by air) rules due to the risk of fires from these batteries. It will be interesting to see how Congress weighs in on the situation.

OMB Approves PHMSA Lithium Battery Rule

Yesterday the OMB’s Office of Information and Regulatory Affairs (OIRA) announced that it had approved a final rule submitted by DOT’s Pipeline and Hazardous Material Safety Administration concerning the regulation of shipments of lithium batteries.

This has been a very controversial rulemaking as can be seen by the number of meetings (including the latest meeting in May) that OIRA has had with a variety of shippers, manufacturers and advocacy groups since the NPRM was published in 2010.

The OIRA announcement indicated that their approval was ‘consistent with change’ so there could be a slight delay in the issuance of the final rule, but I expect that it will happen sometime next week.

OMB Receives Lithium Battery Final Rule from PHMSA

Yesterday the OMB’s Office of Information and Regulatory Affairs (OIRA) announced that it had received a draft of a final rule on the transportation of lithium batteries from the Pipeline and Hazardous Material Safety Administration (PHMSA). This proposed regulation has been very controversial and has undergone a larger number of revisions than normal for most new regulations.

Because of the continuing controversy surrounding the transportation lithium batteries by air, the approval process in OMB may take longer than normal.

UPDATE: 6:45 am EST - OOOPS. The final rule submitted to OIRA was withdrawn the same day. Back to the drawing board.