Our team is intimately familiar with the complex scheme of hazardous materials transportation regulations governing the domestic and international shipments of hazardous materials and dangerous goods. George A. Kerchner is highly knowledgeable on the interplay of these regulations and requirements for battery, portable electronic device and electric vehicle manufacturers and shippers. In addition to counseling individual companies on compliance issues, Mr. Kerchner serves as Executive Director of PRBA - The Rechargeable Battery Association. Edward P. Faberman, the former Deputy Chief Counsel for Regulation and Enforcement of the Federal Aviation Administration (FAA) and a former FAA haz-mat inspector also plays an important role in this area.
We deal regularly with the U.S. Department of Transportation (DOT), the United Nations (UN) Committee of Experts that establishes international dangerous goods regulations, International Air Transport Association (IATA), International Civil Aviation Organization (ICAO), International Maritime Organization (IMO) and other concerned regulatory bodies. We also are adept at obtaining permits and approvals that provide relief from onerous regulatory requirements imposed by DOT's Pipeline and Hazardous Materials Safety Administration (PHMSA) and foreign transportation agencies and, where necessary, defending enforcement actions brought by the FAA and PHMSA.
As a result of our particular abilities, Wiley Rein is able to offer training programs and tutorials to its clients on the hazardous materials regulations. Our personnel have conducted nearly two dozen such sessions for individual companies during the last year.
- Leading multi-industry coalition opposing elements of lithium/lithium ion battery regulations jointly proposed by the PHMSA and the FAA. Wiley Rein’s efforts, including preparation of rulemaking comments and supportive analyses and contacts with the Administration and Congress, resulted in a legislative provision directing the DOT to adopt regulations favorable to the industry coalition.
- Defending enforcement cases brought against medical device, bicycle, electric vehicle, battery and fireworks manufacturers and marketers.
- Drafted and advocating adoption of rulemaking petition to revise DOT's "single shipper rule" governing battery recycling.
ISSUE: APRIL 2013