June 24th, 2014
By Bob Richards and Paul Burgess
The International Civil Aviation Organization (ICAO) announced yesterday that “subject to Council approval,” the rules under which various types of Lithium Batteries may be shipped by air are changing with the issuance of the upcoming 2015-2016 Technical Instructions. The ICAO Technical Instructions serve as the internationally recognized regulations that apply to shippers of dangerous goods by air and under which air carriers are required to operate, although various modifications to these rules exist under the authority of sovereign states and air carriers in the form of formal variations.
In the action, ICAO’s Air Navigation Council (ANC) on Lithium Batteries agreed to forbid the transport of Lithium Metal Batteries as cargo on passenger aircraft. A newly modified Special Provision, A201, was also approved that would allow such transport, but only under very limited circumstances and that would require prior approval by the State of Origin and the designated carrier, with further notification to ICAO. Below is the new text for A201:
A201: A shipment of lithium metal batteries may be transported on passenger aircraft only with the prior approval of the appropriate authority of the State of Origin and the State of the Operator under the written conditions established by those authorities. The conditions must include the quantity limitations, size limitations and packing requirements established in the Supplement (see S-3;4, Table S‑3 1). Copies of the documents of approval, showing the quantity limitations and packing requirements, must accompany the consignment. Authorities issuing approvals in accordance with this special provision must provide a copy to the Chief of the Dangerous Goods Section within three months of issuance via email at DGS@icao.int, via facsimile at +1 514-954-6077 or via post to the following address:
Chief, Dangerous Goods Section
International Civil Aviation Organization
999 University Street
Montreal, Quebec
CANADA H3C 5H7
When States, other than the State of Origin and the State of the Operator, have notified ICAO that they require prior approval of shipments made under this special provision, approval must also be obtained from these States, as appropriate.
It is important to keep abreast of the actions of the ICAO DGP because the ANC has decided that further action to “consider the risks posed by Lithium Metal Batteries on cargo aircraft, lithium metal batteries packed with and contained in equipment, and risks posed by Lithium Ion Batteries” will be taken up by the ICAO Dangerous Goods Panel (DGP) soon under the new agreement. The ANC also indicated that ICAO should to take measures to increase awareness of the risks posed by the transport of lithium batteries and to assist States in developing oversight and awareness programs related to the safe transport of all dangerous goods, with an emphasis on lithium batteries through:
- Awareness campaigns (including training);
- The development of guidance material; and
- Focused audits of States manufacturing large quantities of lithium batteries.
This is positive because many experts following ICAO’s work have stressed the need to enhance education and to ramp up enforcement, particularly related to shipments from China.
It is worth noting that in the US, the 49 CFR Hazardous Materials Regulations (HMR) have had a prohibition in place since 2004. So for US domestic-only shippers and carriers, this does not represent a large change. Entities shipping or providing carriage on international routes, however, will find their options newly limited. Lithium metal, or “Primary” Lithium batteries, are considered as posing a greater risk than Lithium Ion (i.e. rechargeable) batteries because they react more violently and are more difficult to extinguish once they go into thermal runaway.
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