Article Summary
The FAA has proposed civil penalties exceeding $50,000 against individuals and companies for offering lithium batteries in checked baggage for air transport, and this article uses a real case to illustrate just how costly that mistake can be — a company attempting to move 142 lithium metal batteries via checked baggage on a passenger flight from Dallas-Fort Worth to San Francisco. The article lays out the core violations at issue: lithium metal batteries are prohibited as air cargo on passenger aircraft, they’re prohibited in checked baggage altogether, and passengers are only permitted to carry uninstalled, spare lithium batteries in carry-on baggage, and only for personal electronic devices. This isn’t a new or obscure rule — ICAO banned lithium-ion batteries as passenger aircraft cargo back in 2016, and the U.S. DOT issued a final rule mirroring that requirement shortly after, with the governing regulation found in the Hazardous Materials Regulations at §175.10. The FAA and PHMSA offer guidance for travelers and shippers through the SafeTravel and PackSafe websites, but the article’s key recommendation goes further: companies should build training programs not just for staff who directly handle hazardous materials, but for administrative, sales, technical, and executive staff who could inadvertently authorize or arrange a shipment involving lithium batteries without realizing the rules that apply.
Hazardous Materials Violations
The Federal Aviation Administration (FAA) has proposed civil penalties exceeding $50,000 for alleged Hazardous Materials Violations involving persons and companies that have offered lithium batteries in checked baggage when in fact it should have been shipped as cargo. These violations are taken very seriously with stiff penalties because of the risk posed particularly aboard passenger aircraft. In one particular instance, the FAA alleged that the company offered 142 lithium metal batteries to a passenger airline for transportation by air from Dallas-Fort Worth International Airport to San Francisco, CA, in the checked baggage of a company employee. Lithium metal batteries are prohibited as air cargo on passenger aircraft and are also prohibited in checked baggage. Airline passengers may only carry uninstalled, spare lithium batteries in carry-on baggage when the batteries are for personal use in portable electronic devices. As most reader know, ICAO banned lithium ion batteries as cargo on passenger aircraft in 2016 although the US DOT has yet to publish a final rule mirroring the ICAO ban and the US DOT issued a final rule mirroring this requirement earlier this year consistent with a mandate in the FAA Reauthorization Act.
Airline baggage is not an authorized method for companies to move lithium batteries or other hazardous materials. The rules for carrying lithium batteries and lithium battery- powered devices as an airline passenger are contained in the US Hazardous Materials Regulations §175.10. The DOT also provides information on the Pipeline and Hazardous Materials Safety Administration’s Safe Travel web page: https://www.phmsa.dot.gov/safetravel/batteries and on the FAA’s PackSafe page: https://www.faa.gov/about/initiatives/hazmat_safety/ .
Most companies don’t think about training administrative, sales, technical staff and executives that generally don’t handle or ship hazardous materials and many don’t realize that lithium batteries are hazardous materials. This is why companies need to develop guidance for these employees to prevent embarrassing incidents, penalty actions and disruption of their businesses. HSC can assist companies in developing compliance strategies and compliance guidance documents that are simple, to the point and informative. Prior planning can prevent uncomfortable run-ins with the FAA and other regulatory authorities.
By: Ryan Paquet
FAQ
Q: What penalties has the FAA proposed for lithium battery violations? A: The FAA has proposed civil penalties exceeding $50,000 against individuals and companies for offering lithium batteries in checked baggage for air transport — illustrated by a real case involving 142 lithium metal batteries attempted in checked baggage on a passenger flight from Dallas-Fort Worth to San Francisco.
Q: Are lithium metal batteries allowed in checked baggage or as air cargo? A: No. Lithium metal batteries are prohibited as air cargo on passenger aircraft and are prohibited in checked baggage. Passengers may only carry uninstalled, spare lithium batteries in carry-on baggage, and only for use in personal electronic devices.
Q: When did the ban on lithium batteries as passenger aircraft cargo begin? A: ICAO banned lithium-ion batteries as cargo on passenger aircraft in 2016, and the U.S. DOT subsequently issued a final rule mirroring that requirement. The governing rule is found in the Hazardous Materials Regulations at §175.10.
Q: Where can travelers and shippers find official guidance on lithium battery air travel rules? A: The FAA and PHMSA provide guidance through the SafeTravel and PackSafe websites, which outline the rules for carrying and shipping lithium batteries by air.
Q: Who should receive lithium battery compliance training within a company? A: Training shouldn’t be limited to staff who directly handle hazardous materials. Administrative, sales, technical, and executive staff can all inadvertently authorize or arrange a shipment involving lithium batteries, so they need to understand the applicable rules too.
Q: Why is this regulation particularly easy for companies to violate unintentionally? A: Because staff outside of dedicated hazmat roles — administrative, sales, or executive personnel — may authorize or arrange shipments without realizing lithium batteries are subject to strict air transport restrictions, making company-wide awareness and training essential to avoiding violations.