DC Update: Congress in Recess; DOT Withdraws New Lithium-Battery Final Rule

A report on government actions that could affect the remote-production industry

Both the House and the Senate were in recess this week, but developments in the Department of Transportation (DOT) could affect remote production.

DOT recently withdrew HM 215N, its updated Final Rule on requirements for shipping lithium batteries. The move was in response to President Trump’s executive memorandum instructing the heads of federal agencies to halt or immediately withdraw any new regulation not yet published in the Federal Register.

The Final Rule outlined new labeling requirements for shipping Class 9 small, damaged, or defective lithium batteries, and it was promulgated to reflect rapidly changing international standards. There is no word yet on whether DOT will attempt to push the Final Rule forward in the future.

Thursday marked the 64-day countdown until DOT appropriations run out. The importance of DOT appropriations was highlighted this week when the Federal Highway Administration (FHWA) released a report on a study that found that Americans drove 3.2 million miles on the nation’s roads in 2016, making it the fifth year in a row of growing road use. The report said the record mileage “underscores the demands facing America’s roads and bridges and reaffirms calls for greater investment in surface transportation infrastructure.”

There are 219 days until FAA reauthorization expires and 316 days until highway and transit policy is up for renewal.

Congress will be back in session next week, and the Senate is scheduled to vote on two important confirmations: Wilbur Ross to serve as Secretary of Commerce and Ryan Zinke to serve as Secretary of the Interior. Look for next week’s LSCC update for more information.