The Journal of HazMat Transportation's™ Exclusive Comments on U.S. DOT Letters of Interpretation of the Hazardous Materials Regulations

摘要

Here the issue (see question and answer 3) is whether there is a legal basis for PHMSA to require an approval as a condition for transporting a lithium ion battery in excess of 35kg to the US on a foreign cargo aircraft. Such large batteries are increasingly being transported to the US as the auto industry continues its trend toward electric vehicles. Frequently vehicle batteries are manufactured outside the US and, for various reasons, it is necessary to expeditiously get such fully UN tested vehicle batteries to the US by cargo aircraft. With PHMSA's normal response time of 120 days or more for obtaining an approval, waiting for an approval could be detrimental to efficient business operation. While PHMSA states that such prior approval is required, let's take a look at the legal basis.