Hazardous Materials: Prohibition on the Transportation of Primary Lithium Batteries and Cells Aboard Passenger Aircraft, 56894-56895 [E6-15941]

Download as PDF 56894 Federal Register / Vol. 71, No. 188 / Thursday, September 28, 2006 / Rules and Regulations 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 Pipeline and Hazardous Materials Safety Administration (PHMSA), DOT. ACTION: Final rule; correction. AGENCY: jlentini on PROD1PC65 with RULES 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. VerDate Aug<31>2005 17:21 Sep 27, 2006 Jkt 208001 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 § 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 PO 00000 Frm 00042 Fmt 4700 Sfmt 4700 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. I In consideration of the foregoing, 49 CFR Chapter I is amended as follows: E:\FR\FM\28SER1.SGM 28SER1 Federal Register / Vol. 71, No. 188 / Thursday, September 28, 2006 / Rules and Regulations PART 172—HAZARDOUS MATERIALS TABLE, SPECIAL PROVISIONS, HAZARDOUS MATERIALS COMMUNICATIONS, EMERGENCY RESPONSE INFORMATION, AND TRAINING REQUIREMENT DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 051104293–5344–02; I.D. 092206D] 1. The authority citation for part 172 continues to read as follows: I Authority: 49 U.S.C. 5101–5128, 44701; 49 CFR 1.53. 2. In § 172.102, in paragraph (c)(2) Special Provision A101 is revised to read as follows: Fisheries of the Northeastern United States; Summer Flounder Fishery; Commercial Quota Harvested for Massachusetts AGENCY: I § 172.102 * National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Closure of commercial fishery. 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 § 173.185(b)(1), (b)(2), (b)(3), (b)(4) and (b)(6) or § 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] jlentini on PROD1PC65 with RULES BILLING CODE 4910–60–P VerDate Aug<31>2005 17:21 Sep 27, 2006 Jkt 208001 SUMMARY: NMFS announces that the summer flounder commercial quota available to Massachusetts has been harvested. Vessels issued a commercial Federal fisheries permit for the summer flounder fishery may not land summer flounder in Massachusetts for the remainder of calendar year 2006, unless additional quota becomes available through a transfer from another state. Regulations governing the summer flounder fishery require publication of this notification to advise Massachusetts that the quota has been harvested and to advise vessel permit holders and dealer permit holders that no commercial quota is available for landing summer flounder in Massachusetts. DATES: Effective 0001 hours September 28, 2006, through 2400 hours, December 31, 2006. FOR FURTHER INFORMATION CONTACT: Douglas Potts, Fishery Management Specialist, (978) 281–9341 SUPPLEMENTARY INFORMATION: Regulations governing the summer flounder fishery are found at 50 CFR part 648. The regulations require annual specification of a commercial quota that is apportioned on a percentage basis among the coastal states from North Carolina through Maine. The process to set the annual commercial quota and the percent allocated to each state is described in § 648.100. The initial total commercial quota for summer flounder for the 2006 calendar year was set equal to 14,154,000 lb (6,420 mt) (70 FR 77061, December 29, 2005). The percent allocated to vessels landing summer flounder in Massachusetts is 6.82046 percent, resulting in a commercial quota of 965,368 lb (437,884 kg). The 2006 allocation was reduced to 931,750 lb (422,635 kg) due to research set-aside and quota overage from 2005. Section 648.101(b) requires the Administrator, Northeast Region, NMFS PO 00000 Frm 00043 Fmt 4700 Sfmt 4700 56895 (Regional Administrator) to monitor state commercial quotas and to determine when a state’s commercial quota has been harvested. NMFS then publishes a notification in the Federal Register to advise the state and to notify Federal vessel and dealer permit holders that, effective upon a specific date, the state’s commercial quota has been harvested and no commercial quota is available for landing summer flounder in that state. The Regional Administrator has determined, based upon dealer reports and other available information, that Massachusetts has harvested its quota for 2006. The regulations at § 648.4(b) provide that Federal permit holders agree, as a condition of the permit, not to land summer flounder in any state that the Regional Administrator has determined no longer has commercial quota available. Therefore, effective 0001 hours September 28, 2006, further landings of summer flounder in Massachusetts by vessels holding summer flounder commercial Federal fisheries permits are prohibited for the remainder of the 2006 calendar year, unless additional quota becomes available through a transfer and is announced in the Federal Register. Effective 0001 hours, September 28, 2006, federally permitted dealers are also notified that they may not purchase summer flounder from federally permitted vessels that land in Massachusetts for the remainder of the calendar year, or until additional quota becomes available through a transfer from another state. Classification This action is required by 50 CFR part 648 and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 et seq. Dated: September 25, 2006. Alan D. Risenhoover, Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 06–8337 Filed 9–25–06; 1:47 pm] BILLING CODE 3510–22–S E:\FR\FM\28SER1.SGM 28SER1

Agencies

[Federal Register Volume 71, Number 188 (Thursday, September 28, 2006)]
[Rules and Regulations]
[Pages 56894-56895]
From the Federal Register Online via the Government Printing 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.

-----------------------------------------------------------------------

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.

0
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

0
1. The authority citation for part 172 continues to read as follows:

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


0
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
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