Placarding requirement for transportation of lithium-ion batteries

(a) Issuance of rule (1) In general Not later than 2 years after the date of enactment of this Act, the Secretary of Transportation shall revise the placarding requirements under subpart F of part 172 of title 49, Code of Federal Regulations, to require an external placard to be displayed on any freight container, unit load device, transport vehicle, or rail car transporting a certain quantity of lithium-ion batteries. (2) Requirements The Secretary shall— (A) establish the quantity of lithium-ion batteries subject to the placarding requirements revised under this subsection based on physical characteristics of the batteries, including weight and dimensions, and energy capacity, and in a manner that accounts for the diverse risk profiles across the transportation lifecycle of different lithium-ion battery products; and (B) require that a placard described in paragraph (1)— (i) be clearly visible from all sides of the freight container, unit load device, transport vehicle, or rail car; and (ii) be identifiable by law enforcement and first responders. (3) Economic impact assessment In revising the regulations required under this subsection, the Secretary shall— (A) conduct an economic impact assessment to evaluate the costs and effects of compliance with such revisions, including— (i) placard manufacturing costs; (ii) supply chain disruptions; and (iii) effects on small and rural businesses and transportation providers; and (B) account for any findings from such assessment in such revisions. (b) Consultation In carrying out subsection (a), the Secretary shall consult with the following stakeholders: (1) Representatives of Federal, State, local, and Tribal law enforcement and first responder agencies. (2) Representatives of affected modes of transportation (including motor carriers, rail carriers, air carriers, maritime carriers, freight forwarders), logistics providers, and associated trade associations. (3) Supply chain experts. (4) Hazardous materials transportation experts. (5) Stakeholders with expertise in the manufacture, distribution, and sale of lithium-ion batteries and products containing such batteries. (6) Other appropriate Federal or State agencies and stakeholders. (c) Report to Congress Not later than 30 days after the Secretary revises the regulations required under subsection (a), the Secretary shall brief Congress on such revisions. (d) Periodic review After revising the regulations required under subsection (a), the Secretary shall— (1) not less frequently than biennially, review the quantity thresholds established under subsection (a)(2)(A); (2) periodically review the effectiveness of the revised placarding requirements for lithium-ion batteries and new technologies and emergency response capabilities; and (3) if the Secretary determines that any modification of such regulations are necessary as a result of such review, the Secretary shall submit to Congress a report before implementing any modification.