Transportation Brief: PHMSA Fails to Act on “Harmonization” Rulemaking

by Elizabeth M. Bolka, Braden K. Core

January 27, 2020

Transportation providers are closely watching the Pipeline and Hazardous Materials Safety Administration’s (PHMSA) “harmonization” rulemaking, which aims to bring U.S. rules regarding the transportation of hazardous materials into compliance with international standards. Among other things, the rulemaking would require manufacturers and “subsequent distributors” of lithium batteries to generate and make available a Lithium Battery Test Summary (LBTS) that includes certain information and confirms a lithium battery is safe to ship. The LBTS is already a part of the International Civil Aviation Organization’s (ICAO) standards for air transportation. In late 2018, PHMSA proposed that the LBTS would go into effect for domestic shipping on January 1, 2020.  That date has come and gone without the agency issuing a final rule. Scopelitis is monitoring the rulemaking and will update clients of new developments.

Scopelitis’ Transportation Brief® is intended as a report to our clients and friends on developments affecting the transportation industry. The published material does not constitute an exhaustive legal study and should not be regarded or relied upon as individual legal advice or opinion.

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