Requirements for safe transport of lithium-ion batteries

Not later than 2 years after the date of enactment of this Act, the Secretary of Transportation shall— (1) work with the United Nations Subcommittee of Experts on the Transportation of Dangerous Goods to revise the design tests in subsection 38.3 of the UN Manual of Tests and Criteria to develop an impact test for lithium-ion cells or batteries installed in transport units and transported under UN 3536 to allow improved ability to withstand forces experienced in transport accidents without going into thermal runaway; (2) issue such regulations as are necessary to amend section 173.185 of title 49, Code of Federal Regulations, to require lithium-ion cells or batteries to be offered for commercial transport at a state of charge not exceeding 30 percent of the rated capacity of such cells or batteries (determined through the guidance and methodology under section 38.3.2.3 of the Manual of Tests and Criteria of the United Nations) and authorize the transportation of lithium-ion cells or batteries at a state of charge greater than 30 percent of the rated capacity of such cells or batteries only under conditions approved by the Associate Administrator for Hazardous Materials of the Pipeline and Hazardous Materials Safety Administration in accordance with the requirements in subpart H of part 107 of such title; (3) issue such regulations as are necessary or promulgate final guidance on the safe transportation of damaged, defective, or recalled lithium-ion cells or batteries, and such regulations or guidance shall include guidance on the packaging, movement, and disposal of damaged, defective, or recalled lithium-ion cells or batteries; and (4) every five years review the regulations and guidelines under this section and update them, as appropriate, to account for other emerging batteries or cells that pose a risk of thermal runaway as a result from a fire during commercial transport.