Docket Order: PHMSA-2011-0108

Respondent was assessed a civil penalty of $30,470 for one violation of the HMR when it offered lithium metal batteries, a Class 9 (miscellaneous) hazardous material, for air transportation in commerce in unauthorized non-UN standard packagings which were not marked with the proper shipping name and UN identification number, not labeled with Class 9 and “CARGO AIRCRAFT ONLY” labels, and not accompanied by a shipping paper describing the material as hazardous, because the outer packages were not marked “PRIMARY LITHIUM BATTERIES – FORBIDDEN FOR TRANSPORT ABOARD PASSENGER AIRCRAFT” or “LITHIUM METAL BATTERIES – FORBIDDEN FOR TRANSPORT ABOARD PASSENGER AIRCRAFT” as required by paragraph a.(1) of Special Provision 188 in order for these batteries to be transported under the exceptions in Special Provision 188 to the Hazardous Material Table (49 C.F.R. § 172.101) or under 49 C.F.R. § 171.24(d)(1)(ii) (for transport in accordance with similar exceptions in the ICAO Technical Instructions).