Legislative Update: Lithium Ion Batteries and FAA Reauthorization

Amendments to bill being debated could affect air shipment of production equipment

This past Tuesday, the U.S. Senate began debating H.R. 636, the Federal Aviation Administration Reauthorization Act of 2016, and the proceedings might be worth following if your company relies on air transport to move production equipment from point A to point B: Section 2317 of this bill addresses the safe air transport of lithium ion batteries, and two amendments could make the current situation more complicated.

The shipment of lithium ion batteries via air transport may become much more difficult if proposed legislation is passed by the U.S. government.

As introduced, the bill would allow batteries to be shipped as air cargo on passenger planes if the batteries are packed in or with the associated device. However, two amendments soon to be introduced could alter the bill’s language and completely ban lithium ion batteries in passenger-aircraft cargo holds.

Sen. Bill Nelson (R-FL) introduced an amendment that has two objectives. The first is to classify all battery shipments, whether attached to camera equipment or not, as NOTOC (Notice to Captain) and as Class 9 hazmat. This would require that notice be given to the pilot when batteries are on a plane and provides avenues for pilots to refuse to carry them. It also would mandate the packing standard that is required of rechargeable car batteries, which is neither easy nor cheap to comply with.

The other prong of the amendment is to strike 2013 FAA Reauthorization language that prohibits Congress or relevant agencies from making battery-transport standards any more stringent than International Civil Aviation Organization (ICAO) rules. Currently, ICAO seems to be playing on our side and resisting Air Line Pilots Association (ALPA) lobbying efforts, so we want control to stay in ICAO hands. Conversely, if this amendment passes and the 2013 language is stricken, the decision on battery shipping falls to an FAA that openly supports an outright ban on batteries as air cargo.

To protect your company’s investment, please call your Senators and tell them that you support the continued safe shipment of lithium ion batteries by passenger aircraft.

For more information on how to get involved, please contact Logistics Supply Chain Coalition Executive Director James Voyles at [email protected].