Outlines New ICAO Requirements

The FAA has issued a SAFO alerting Title 14 of the Code of Federal Regulations (14 CFR) part 121, 125, 129 and 135 operators of the new Dangerous Goods/Hazardous Materials requirements contained in ICAO Technical Instructions (TI) for the shipment of lithium batteries. The SAFO also encourages operators to notify their customers who offer lithium battery cargo shipments of these changes.

The FAA says this SAFO only addresses shipments of lithium ion and metal batteries as cargo, not those contained in or packed with equipment. Neither this SAFO nor the newly effective ICAO requirements impact existing regulations for passengers and crew members transporting lithium batteries.

ICAO has recently adopted several critical safety provisions related to the shipment of lithium batteries (inclusive of both cells and batteries). The specific changes are found in:

• Addendum No. 3 to the Technical Instructions (2015/2016 Edition) (January 15, 2016)
• Addendum No. 4 to the Technical Instructions (2015/2016 Edition) (February 23, 2016).

Information referencing the ICAO actions can be found in Addenda I and II of the 57th Edition of the International Air Transport Association (IATA) Dangerous Goods Regulations.

For shipments subject to the ICAO Technical Instructions, the following provisions, which are applicable to both cargo transporters and operators, became effective on April 1, 2016:

• Shipments of UN 3480 Lithium Ion Batteries, including lithium ion polymer batteries, are FORBIDDEN from transport as cargo on passenger aircraft. These include Section IA, Section IB,and Section II shipments. These shipments must now have the “Cargo Aircraft Only” label in addition to existing hazard communication requirements and can only be offered to operators forcarriage aboard cargo only aircraft.
• Shipments of UN 3480 Lithium Ion Batteries, including lithium ion polymer batteries, offered for transport on cargo only airplanes “must be offered for transport at a state of charge not exceeding 30 percent of their rated capacity. Cells and/or batteries at a state of charge greater than 30 percent of their rated capacity may only be shipped internationally with the approval of the State of Origin and the State of the Operator under the written conditions established by those authorities”. In the U.S., the Pipeline and Hazardous Materials Safety Administration (PHMSA), in coordination with the FAA, will consider any applications for such approvals.
• Shippers of UN 3480 Lithium Ion Batteries, including lithium ion polymer batteries, and UN3090 Lithium Metal Batteries, including lithium alloy batteries, under ICAO’s “Section II” provisions (for Packing Instruction (PI) PI 965 and PI 968) are not permitted to offer for transport more than one Section II package in any single consignment or more than one Section II package per overpack.

It is generally recognized that the safe transport of hazardous materials by air requires compliance from both shippers and operators. The FAA has specifically noted the important role that shippers play in the safe transport of lithium batteries and how operators can enhance safety by recognizing the role that their cargo customers have in introducing risk into their system. In 2010, the FAA recommended operators request that their cargo customers “identify shipments of currently excepted lithium batteries by information on airway bills and other documents provided by shippers offering shipments of lithium batteries.” See: SAFO 10017 Risks in Transporting Lithium Batteries in Cargo by Aircraft, which was issued October 8, 2010.

Earlier this year, the FAA urged operators to consider, “the history of the shipper’s compliance with dangerous goods transport regulations.” See: SAFO 16001 Risks of Fire or Explosion when Transporting Lithium Ion or Lithium Metal Batteries as Cargo on Passenger and Cargo Aircraft.

The FAA believes that an operator’s ability to comply with the above-referenced ICAO Addenda 3 & 4 (effective on April 1, 2016) is significantly dependent on the compliance of shippers. The FAA will continue to conduct risk-based inspections and outreach to known lithium battery shippers; however the U.S. Government has limited oversight over global shippers. Therefore, operators are encouraged to communicate the information in this SAFO, as well as any relevant policies carriers have in place, to shippers of lithium battery cargo to ensure compliance with the ICAO Technical Instructions.

The FAA recommends that operators review the Pipeline and Hazardous Materials Safety Administration; {Docket No. PHMSA-2016-0014; Notice No. 2016-05}; Hazardous Materials: ICAO Lithium Ion Battery Prohibition Safety Advisory Notice on the newly effective changes to international requirements.

FMI: SAFO