[Federal Register Volume 71, Number 188 (Thursday, September 28, 2006)]
[Rules and Regulations]
[Pages 56894-56895]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-15941]



[[Page 56894]]

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

49 CFR Part 172

[Docket No. 04-19886 (HM-224E)]
RIN 2137-AE05


Hazardous Materials: Prohibition on the Transportation of Primary 
Lithium Batteries and Cells Aboard Passenger Aircraft

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA), 
DOT.

ACTION: Final rule; correction.

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SUMMARY: PHMSA is correcting an error in an interim final rule, 
published in the Federal Register on December 15, 2004. That interim 
final rule imposed a limited prohibition on offering for transportation 
and transportation of primary lithium batteries and cells as cargo 
aboard passenger-carrying aircraft and equipment containing or packed 
with large lithium batteries.

DATES: Effective date: October 1, 2006.

FOR FURTHER INFORMATION CONTACT: John A. Gale, Office of Hazardous 
Materials Standards, (202) 366-8553, Pipeline and Hazardous Materials 
Safety Administration, U.S. Department of Transportation, 400 Seventh 
Street, SW., Washington, DC 20590-0001.

SUPPLEMENTARY INFORMATION:

 I. Background

    On December 15, 2004, the Pipeline and Hazardous Materials Safety 
Administration (PHMSA, we) published an interim final rule under Docket 
HM-224E (69 FR 75208). That final rule imposed a limited prohibition on 
offering for transportation and transportation of primary lithium 
batteries and cells as cargo aboard passenger-carrying aircraft and 
equipment containing or packed with large lithium batteries.
    This document corrects an error in the December 15, 2004 final 
rule. In Special Provision A101 we imposed a gross weight limitation of 
5 kilograms for primary lithium batteries packed with equipment that 
were excepted from the prohibition for transportation aboard passenger-
carrying aircraft. We intended for this limit to be based on net 
weight. A gross weight limitation applies to the total weight of the 
packaging plus its contents (i.e., the weight of the equipment, battery 
and the packaging). A net weight limitation applies only to the weight 
of the lithium batteries packed with the equipment.
    In this final rule, we are correcting Special Provision A101 to 
specify that the net weight of a package containing a lithium battery 
or cell that is packed with equipment may be transported on board 
passenger carrying aircraft provided the net weight of the lithium 
batteries in the package does not exceed 5 kg and the other conditions 
set forth in the special provision are met. This limit does not affect 
the amount of lithium authorized in a battery or a cell. Those limits 
(i.e., 1 and 2 grams for liquid and solid untested batteries, 
respectively, and 25 grams for tested batteries) are specified in Sec.  
173.185(b) and (c). This amendment does not affect the aircraft 
quantity limits for those lithium batteries that are transported as 
Class 9.
    We received 39 comments on the December 15, 2004, interim final 
rule. We will address these comments in a future rulemaking action to 
be published under this docket.

II. Regulatory Analyses and Notices

A. Executive Order 12866 and DOT Regulatory Policies and Procedures

    This final rule is not considered a significant regulatory action 
under section 3(f) of Executive Order 12866 and, therefore, was not 
reviewed by the Office of Management and Budget. This rule is not 
significant under the Regulatory Policies and Procedures of the 
Department of Transportation (44 FR 11034). This final rule will not 
result in increased compliance costs for hazardous materials shippers 
or carriers; therefore, it is not necessary to prepare a regulatory 
impact analysis.

B. Executive Order 13132

    This final rule has been analyzed in accordance with the principles 
and criteria in Executive Order 13132 (``Federalism''). This final rule 
does not adopt any regulation that: (1) Has substantial direct effects 
on the States, the relationship between the national government and the 
States, or the distribution of power and responsibilities among the 
various levels of government; (2) imposes substantial direct compliance 
costs on State and local governments; or (3) preempts state law. PHMSA 
is not aware of any State, local, or Indian tribe requirements that 
would be preempted by making this minor regulatory change. This final 
rule does not have sufficient federalism impacts to warrant the 
preparation of a federalism assessment.

C. Executive Order 13175

    This final rule has been analyzed in accordance with the principles 
and criteria contained in Executive Order 13175 (``Consultation and 
Coordination with Indian Tribal Governments''). Because this final rule 
does not have tribal implications, does not impose substantial direct 
compliance costs on Indian tribal governments, and does not preempt 
tribal law, the funding and consultation requirements of Executive 
Order 13175 do not apply, and a tribal summary impact statement is not 
required.

D. Regulatory Flexibility Act, Executive Order 13272, and DOT 
Procedures and Policies

    I certify that this final rule will not have a significant economic 
impact on a substantial number of small entities. This rule corrects an 
error in the HMR. The correction will not impose any new requirements 
on persons subject to the HMR; thus, there are no direct or indirect 
adverse economic impacts for small units of government, businesses or 
other organizations.

E. Unfunded Mandates Reform Act of 1995

    This rule does not impose unfunded mandates under the Unfunded 
Mandates Reform Act of 1995. It does not result in costs of $120.7 
million or more to either State, local, or tribal governments, in the 
aggregate, or to the private sector, and is the least burdensome 
alternative that achieves the objective of the rule.

F. Paperwork Reduction Act

    There are no new information collection requirements in this final 
rule.

G. Environmental Impact Analysis

    There are no environmental impacts associated with this final rule.

H. Regulation Identifier Number (RIN)

    A regulation identifier number (RIN) is assigned to each regulatory 
action listed in the Unified Agenda of Federal Regulations. The 
Regulatory Information Service Center publishes the Unified Agenda in 
April and October of each year. The RIN number contained in the heading 
of this document can be used to cross-reference this action with the 
Unified Agenda.

List of Subjects in 49 CFR Part 172

    Education, Hazardous materials transportation, Hazardous waste, 
Labeling, Markings, Packaging and containers, Reporting and 
recordkeeping requirements.

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In consideration of the foregoing, 49 CFR Chapter I is amended as 
follows:

[[Page 56895]]

PART 172--HAZARDOUS MATERIALS TABLE, SPECIAL PROVISIONS, HAZARDOUS 
MATERIALS COMMUNICATIONS, EMERGENCY RESPONSE INFORMATION, AND 
TRAINING REQUIREMENT

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1. The authority citation for part 172 continues to read as follows:

    Authority: 49 U.S.C. 5101-5128, 44701; 49 CFR 1.53.


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2. In Sec.  172.102, in paragraph (c)(2) Special Provision A101 is 
revised to read as follows:


Sec.  172.102  Special provisions.

* * * * *
    (c) * * *
    (2) * * *

Code/Special Provisions

* * * * *
    A101 A primary (non-rechargeable) lithium battery or cell packed 
with equipment is forbidden for transport aboard a passenger carrying 
aircraft unless:
    a. The battery or cell complies with the requirements and 
limitations of Sec.  173.185(b)(1), (b)(2), (b)(3), (b)(4) and (b)(6) 
or Sec.  173.185(c)(1), (c)(2), (c)(3) and (c)(5) of this subchapter;
    b. The package contains no more than the number of lithium 
batteries or cells necessary to power the intended piece of equipment;
    c. The equipment and the battery or cell are packed in a strong 
packaging;
    d. The net weight of the lithium batteries in the package does not 
exceed 5 kg. Packages complying with the requirements of this special 
provision are excepted from all other requirements of this subchapter.
* * * * *

    Issued in Washington, DC on September 25, 2006, under authority 
delegated in 49 CFR part 1.
Thomas J. Barrett,
Administrator.
[FR Doc. E6-15941 Filed 9-27-06; 8:45 am]
BILLING CODE 4910-60-P