[Federal Register Volume 75, Number 39 (Monday, March 1, 2010)]
[Proposed Rules]
[Pages 9147-9148]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-4232]


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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration (PHMSA), DOT

49 CFR Parts 172, 173, 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 public meeting.

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SUMMARY: On January 11, 2010, the Pipeline and Hazardous Materials 
Safety Administration (PHMSA) in coordination with the Federal Aviation 
Administration (FAA) published a notice of proposed rulemaking to 
comprehensively address the safety risks associated with the air 
transport of lithium cells and batteries. PHMSA and FAA will hold a 
public meeting on March 5, 2010, in Washington, DC, to provide 
interested persons with an opportunity to submit oral comments on the 
proposals in the NPRM.

DATES: Public meeting: March 5, 2010, starting at 1 p.m. and ending at 
4 p.m.
    Written comments: All comments to this docket must be received no 
later than March 12, 2010. PHMSA will consider late-filed comments to 
the extent practicable as the agency develops a final rule.

ADDRESSES: Public meeting: The meeting will be held at the U.S. DOT 
headquarters 1200 New Jersey Ave, SE., Washington, DC 20590. The main 
visitor's entrance is located in the West Building, on New Jersey 
Avenue and M Street. Upon entering the lobby, visitors must report to 
the security desk. Visitors should indicate that they will be attending 
the Lithium Battery Public Meeting and wait to be escorted to the 
Conference Center. Any person wishing to participate in the public 
meeting should provide their name and organization to Kevin A. Leary or 
Charles E. Betts, by telephone or in writing no later than March 4, 
2010. Providing this information will facilitate the security screening 
process for entry into the building on the day of the meeting.
    Oral Presentations: Any person wishing to present an oral statement 
at the public meetings should notify Charles E. Betts or Kevin A. 
Leary, by March 4, 2010, and provide in advance or at the meeting, 
written copies of their presentations.

[[Page 9148]]

    Written Comments: PHMSA and FAA invite interested parties, whether 
or not they attend the public meeting, to submit any relevant 
information, data, or comments to the docket of this proceeding (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. Note 
that all comments received will be posted without change to the docket 
management system, including any personal information provided.
    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), which may also be found at http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Charles E. Betts or Kevin A. Leary, 
Office of Hazardous Materials Standards, telephone (202) 366-8553, 
Pipeline and Hazardous Materials Safety Administration, U.S. Department 
of Transportation, East Building, PHH-10, 1200 New Jersey Avenue, SE., 
Washington, DC 20590-0001.

SUPPLEMENTARY INFORMATION:

I. Background

    On January 11, 2010, PHMSA, in consultation with FAA, proposed to 
amend requirements in the Hazardous Materials Regulations (HMR; 49 CFR 
Parts 171-180) applicable to the transportation of lithium cells and 
batteries, including lithium cells and batteries packed with or 
contained in equipment (HM-224F; 75 FR 1302). The proposed changes are 
intended to enhance safety by ensuring that all lithium batteries are 
designed to withstand normal transportation conditions and to 
communicate to carriers and emergency responders of the presence of 
these materials. Specifically, PHMSA and FAA propose to:
     Revise current shipping descriptions for lithium batteries 
(UN3090), lithium batteries packed with equipment (UN3091), and lithium 
batteries contained in equipment (UN3091) to specify lithium metal 
batteries including lithium alloy batteries as appropriate.\1\
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    \1\ In 2006, separate shipping descriptions for lithium metal 
batteries and lithium ion batteries were adopted into the UN 
Recommendations. The International Civil Aviation Organization and 
the International Maritime Organization subsequently adopted these 
shipping descriptions. All references to primary or secondary 
lithium batteries in international regulations were revised to 
reflect this change.
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     Adopt shipping descriptions for lithium ion batteries 
including lithium ion polymer batteries (UN3480), lithium ion batteries 
packed with equipment including lithium ion polymer batteries (UN3481), 
lithium ion batteries contained in equipment including lithium ion 
polymer batteries (UN3481).\1\
     Adopt watt-hours in place of equivalent lithium content to 
measure the relative hazard of lithium ion cells and batteries.
     Incorporate by reference the latest revisions to the 
United Nations Manual of Tests and Criteria applicable to the design 
type testing of lithium cells and batteries.
     Adopt and revise various definitions including ``Aggregate 
lithium content'' ``Lithium content'', ``Lithium ion cell or battery'', 
``Lithium metal cell or battery'', ``Short circuit'', and ``Watt-hour'' 
based on definitions found in the UN Manual of Tests and Criteria.
     Require manufacturers to retain results of satisfactory 
completion of UN design type tests for each lithium cell and battery 
type and place a mark on the battery and/or cell to indicate testing 
has been completed successfully. PHMSA and the FAA will coordinate with 
the appropriate international organizations to ensure consistency.
     For air transportation, eliminate regulatory exceptions 
for lithium cells and batteries, other than certain exceptions for 
extremely small lithium cells and batteries that are shipped in very 
limited quantities such as button cells and other small batteries that 
are packed with or contained in equipment and those required for 
operational use in accordance with applicable airworthiness 
requirements and operating regulations.
     For all transport modes, require lithium cells and 
batteries to be packed to protect the cell or battery from short 
circuits.
     Unless transported in a container approved by the FAA 
Administrator, when transported aboard aircraft, limit stowage of 
lithium cells and batteries to crew accessible cargo locations or 
locations equipped with an FAA approved fire suppression system.
     Consolidate and simplify current and revised lithium 
battery requirements into one section of the HMR.
     Apply appropriate safety measures for the transport of 
lithium cells or batteries identified as being defective for safety 
reasons, or those that have been damaged or are otherwise being 
returned to the manufacturer.
    To expedite compliance with the amendments in this notice, PHMSA 
proposed a mandatory compliance date of 75 days after the date of 
publication of the final rule.

II. Purpose of Public Meeting

    The March 5, 2010 meeting is intended to provide an opportunity for 
all interested parties to comment on the NPRM and the accompanying 
regulatory evaluation. However, PHMSA and FAA consider it important to 
address the risks in the transportation of lithium cells and batteries 
promptly and that the 60-day comment period provided in the NPRM should 
be sufficient for all comments to be prepared and submitted. 
Accordingly, the March 12, 2010 deadline for submission of written 
comments is not being extended. However, PHMSA will consider late-filed 
comments to the extent practicable as the agency develops a final rule.

    Issued in Washington, DC, on February 24, 2010.
Magdy El-Sibaie,
Acting Associate Administrator for Hazardous Materials Safety.
[FR Doc. 2010-4232 Filed 2-25-10; 4:15 pm]
BILLING CODE 4910-60-P