[Federal Register Volume 77, Number 70 (Wednesday, April 11, 2012)]
[Proposed Rules]
[Pages 21714-21716]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-8550]
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DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
49 CFR Parts 172, 173, and 175
[Docket No. PHMSA-2009-0095 (HM-224F)]
RIN 2137-AE44
Hazardous Materials: Transportation of Lithium Batteries
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.
ACTION: Notice of proposed rulemaking; request for additional comment.
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SUMMARY: In this document, PHMSA is seeking comment on the impact of
changes to the requirements for the air transport of lithium cells and
batteries that have been adopted into the 2013-2014 International Civil
Aviation Organization Technical Instructions on the Transport of
Dangerous Goods by Air (ICAO Technical Instructions). PHMSA is
considering whether to harmonize with these requirements and is
publishing this notice to allow interested persons an opportunity to
supplement comments to our January 11, 2010, Notice of Proposed
Rulemaking (NPRM).
DATES: Comments Due Date: May 11, 2012.
ADDRESSES: You may submit comments by identification of the docket
number (PHMSA-2009-0095) by any of the following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting
comments.
Fax: 1-202-493-2251.
Mail: Docket Operations, U.S. Department of
Transportation, West Building, Ground Floor, Room W12-140, Routing
Symbol M-30, 1200 New Jersey Avenue SE., Washington, DC 20590.
Hand Delivery: To Docket Operations, Room W12-140 on the
ground floor of the West Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.
Instructions: All submissions must include the agency name and
docket number for this notice at the beginning of the comment. To avoid
duplication, please use only one of these four methods. All comments
received will be posted without change to the Federal Docket Management
System (FDMS), including any personal information.
Docket: For access to the dockets to read background documents or
comments received, go to http://www.regulations.gov or DOT's Docket
Operations Office (see ADDRESSES).
Privacy Act: Anyone is able to search the electronic form of any
written communications and comments received into any of our dockets by
the name of the individual submitting the document (or signing the
document, if submitted on behalf of an association, business, labor
union, etc.). You may review DOT's complete Privacy Act Statement in
the Federal Register published on April 11, 2000 (Volume 65, Number 70;
Pages 19477-78).
Asking for Confidential Treatment: If you want PHMSA to give your
comment confidential treatment, you must file it in paper form and take
the following steps in accordance with 49 CFR 105.30:
(1) Mark ``confidential'' on each page of the original document you
would like to keep confidential.
(2) Send us, along with the original document, a second copy of the
original document with the confidential information deleted.
(3) Explain why the information you are submitting is confidential
(for example, it is exempt from mandatory public disclosure under the
Freedom of Information Act, 5 U.S.C. 552 or it is information referred
to in 18 U.S.C. 1905).
PHMSA will decide whether or not to treat your information as
confidential. We will notify you, in writing, of a decision to grant or
deny confidentiality at least five days before the information is
publicly disclosed, and give you an opportunity to respond.
FOR FURTHER INFORMATION CONTACT: Kevin A. Leary, Standards and
Rulemaking Division, Pipeline and Hazardous Materials Safety
Administration, telephone (202) 366-8553, or Michael Locke, Program
Development Division, Pipeline and Hazardous Materials Safety
Administration, telephone (202) 366-1074.
Background
On January 11, 2010 (75 FR 1302), PHMSA, in coordination with the
Federal Aviation Administration (FAA), published a Notice of Proposed
Rulemaking (NPRM) to address the air transportation risks posed by
lithium cells and batteries. Some of the proposals in the NPRM were
intended to harmonize provisions in the Hazardous Materials Regulations
(HMR; 49 CFR parts 171-180) with provisions in the ICAO Technical
Instructions; other proposals in the NPRM were intended to address
safety concerns arising from research findings from the FAA Technical
Center suggesting that current aircraft systems and procedures may not
be sufficient to combat a fire involving lithium batteries (from either
an external cargo fire or internal source from manufacturing
defects).\1\ The FAA Technical Center issued an additional report in
2010 that supplements the previous studies. All of these reports are
available in the public docket of this rulemaking. Many of the
commenters to the NPRM urged PHMSA to adopt lithium battery transport
safety standards identical to those in the 2011-2012 edition of the
ICAO Technical Instructions.
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\1\ Flammability Assessment of Bulk-Packed, Non rechargeable
Lithium Primary Batteries in Transport Category Aircraft; June 2004
(DOT/FAA/AR-04/26); and Flammability Assessment of Bulk-Packed,
Rechargeable Lithium-Ion Cells in Transport Category Aircraft; April
2006 (DOT/FAA/AR-06/38).
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Since PHMSA published the NPRM, the ICAO Dangerous Goods Panel has
met several times and devoted considerable discussion to the provisions
applicable to the air transport of lithium cells and batteries. As a
result, there have been many changes in the ICAO standards applicable
to the air transport of lithium cells and batteries. Given the
increased efficiency and clarity in having a uniform global standard,
PHMSA considers harmonization with international standards when there
is no adverse impact to safety. Therefore, consistent with 49 U.S.C.
5120, PHMSA is now considering harmonizing the HMR with lithium battery
provisions recently adopted by ICAO and which will become effective on
January 1, 2013.
[[Page 21715]]
To ensure full consideration of harmonization with the HMR, PHMSA
seeks comments from the public on the impact of these changes should
PHMSA adopt them. To the extent possible, we request commenters include
specific data with verifiable references to support their statements. A
full report of these changes is available through the ICAO at the
following URL: http://www.icao.int/safety/DangerousGoods/Pages/DGP.aspx.
Current Standards and Summary of Changes
The ICAO Technical Instructions assign six separate packing
instructions (PIs) to describe the requirements applicable to the
various types and configurations of lithium batteries:
1. Lithium ion batteries (PI 965).
2. Lithium ion batteries packed with equipment (PI 966).
3. Lithium ion batteries contained in equipment (PI 967).
4. Lithium metal batteries (PI 968).
5. Lithium metal batteries packed with equipment (PI 969).
6. Lithium metal batteries contained in equipment (PI 970).
Within each of these packing instructions, there are two sections.
Section I applies to lithium batteries that are subject to all
applicable regulatory requirements including UN packaging, marking and
labeling, shipping papers, a notice to the pilot in command and
requirements for the air carrier to inspect each package for
compliance. Section II outlines specific requirements that, if met,
allow small lithium cells and batteries to be shipped excepted from
many of the provisions associated with hazardous material and, these
shipments may be handled as general cargo.
The changes to these exceptions in the ICAO Technical Instructions
for lithium batteries not packed with, or contained in, equipment (PI
965 and PI 968) effectively split Section I of these packing
instructions into:
``Section IA,'' which covers lithium cells and batteries
currently subject to all regulatory requirements; and
``Section IB,'' which covers lithium cells and batteries
formerly transported as general cargo.
In effect, packages containing more than 8 lithium cells or 2
lithium batteries, which were previously excepted from most of the
requirements of the ICAO Technical Instructions, would be subject to
additional requirements including package weight limits (10 kg for
lithium ion cells and batteries and 2.5 kg for lithium metal cells and
batteries) and a requirement to display a Class 9 label and the lithium
battery handling label \2\ (Section IB). In addition, the shipper must
provide the carrier with the following information:
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\2\ The lithium battery handling label (figure 5-31 in the ICAO
Technical Instructions) consists of text and symbols that
communicate the presence of lithium ion or lithium metal cells or
batteries as appropriate, an indication that a flammability hazard
exists if the package is damaged, special procedures to be taken in
the event the package is damaged and a telephone number for
additional information.
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The name and address of the shipper and consignee;
The appropriate proper shipping name and UN number; and
The number of packages and the gross mass of each package.
The air carrier must:
Provide the information on this document to the pilot and
retain this information for at least 3 months; and
Inspect each package for compliance with the ICAO
Technical Instructions.
The full text of the changes recently adopted by the ICAO Dangerous
Goods Panel is available in the rulemaking docket and illustrated in
the following charts:
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Lithium ion cells or Lithium ion cells more Lithium ion batteries
Section II limits batteries not more than than 2.7 Wh but not more than 2.7 Wh but
2.7 Wh more than 20 Wh not more than 100Wh
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Maximum number of cells/batteries per No limit............... 8 cells................ 2 batteries.
package.
Maximum net mass per package......... 2.5 kg................. n/a.................... n/a
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Lithium metal cells or Lithium metal cells Lithium metal batteries
batteries with not more with a lithium content with a lithium content
Section II limits than 0.3 g lithium more than 0.3 g but not more than 0.3 g but not
content more than 1 g more than 2 g
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Maximum number of cells/batteries per No limit............... 8 cells................ 2 batteries.
package.
Maximum net mass per package......... 2.5 kg................. n/a.................... n/a
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Cell/battery size Package gross
Section IB limits limit mass limit
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................... .................
Lithium Ion Cells............... 20 Wh.............. 10 kg
Lithium Ion Batteries........... 100 Wh............. 10 kg
Lithium Metal Cells............. 1 g................ 2.5 kg
Lithium Metal Batteries......... 2 g................ 2.5 kg
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Request for Information
To adequately consider harmonization with ICAO standards, PHMSA
seeks qualitative and quantitative information from the public on the
following questions. In your comments please refer to the number of the
specific question(s) to which you are responding. We do not expect
every commenter to be able to answer every question. Please respond to
those questions you feel able to answer.
The following questions generally apply to lithium metal cells and
batteries up to 1 gram per lithium metal cell and 2 grams per lithium
metal battery or 20 Wh per lithium ion cell and 100 Wh per lithium ion
battery. Further, please focus responses on data for cells shipped
alone (that is, not packed with, or contained in, equipment),
designated UN3090 (Lithium Metal Batteries) or UN3480 (Lithium Ion
Batteries), and which would be covered by PI965 or PI968. To the extent
possible, we request commenters include specific data with
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verifiable references to support their statements.
1. Beginning in 2013, how many lithium cells, batteries, and
packages are anticipated to be subject to the additional requirements
of the proposed Section IB of ICAO Packing Instructions 965 and 968,
or, in other words, how many shipments of lithium cells, batteries, and
packages were previously excepted from full hazardous materials
packaging and labeling requirements, but would now be subject to
additional requirements? These packages would typically contain more
than 2 batteries or 8 cells, but weigh less than 10 kg. Also, if
quantifiable, please specify projected figures for shipments that would
fall under Section IA and Section II.
2. What impacts (if any) would arise from the allowance to use non-
UN Specification packaging for cells and batteries to be shipped under
the proposed Section IB of ICAO Packing Instructions 965 and 968?
3. What impacts (if any) would result if PHMSA chooses not to
harmonize with 2013-2014 ICAO Technical Instructions applicable to
lithium batteries?
4. Will harmonization with the 2013-2014 ICAO Technical
Instructions result in any modal impacts or diversions, i.e., will
shippers be less likely to ship by air, in favor of maritime, truck, or
rail transport of these materials? If a modal shift will occur, please
quantify the impact of this shift if possible (costs increase or
decrease, shipment time differences, and other considerations).
5. What is the projected burden (time and/or cost) for compliance
with the information collection activities and disclosures outlined in
this notice? If PHMSA were to harmonize with the 2013-2014 ICAO
Technical Instructions, are there other Paperwork Reduction Act related
activities associated with implementation that PHMSA should consider?
6. If PHMSA were to harmonize the 2013-2014 ICAO Technical
Instructions in a final rule, are there ways in which PHMSA could
reduce regulatory burden or cost of implementation, for example,
delayed effective date?
7. Please provide any other relevant information that PHMSA should
consider before harmonizing with ICAO's standards for lithium cells and
batteries.
Issued in Washington, DC, on April 5, 2012.
R. Ryan Posten,
Deputy Associate Administrator.
[FR Doc. 2012-8550 Filed 4-10-12; 8:45 am]
BILLING CODE 4910-60-P