Hazardous Materials: Fuel Cell Cartridges and Systems Transported on Board Passenger Aircraft in Carry-On Baggage, 23362-23367 [E8-9203]
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Federal Register / Vol. 73, No. 84 / Wednesday, April 30, 2008 / Rules and Regulations
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Fund, the Bureau issues this
clarification.
The Commission’s eligibility rules set
forth in 47 CFR 64.604(c)(5)(iii)(F)
provide that TRS providers eligible for
receiving payments from the Interstate
TRS Fund must be:
(1) TRS facilities operated under
contract with and/or by certified state
TRS programs pursuant to section
64.605 of the Commission’s rules; or
(2) TRS facilities owned by or
operated under contract with a common
carrier providing interstate services
operated pursuant to section 64.604 of
the Commission’s rules; or
(3) Interstate common carriers offering
TRS pursuant to section 64.604 of the
Commission’s rules; or
(4) Video Relay Service (VRS)[, * * *]
Internet Protocol (IP) Relay * * *[, and
IP CTS] providers certified by the
Commission pursuant to section 64.605
of the Commission’s rules.
The fourth eligibility criterion—
certification by the Commission—was
adopted in Telecommunications Relay
Services for Individuals with Hearing
and Speech Disabilities, CG Docket No.
03–123, Report and Order and Order on
Reconsideration, 20 FCC Rcd 20577
(2005) (2005 IP Relay/VRS Certification
Order), published at 71 FR 2942,
January 18, 2006. Prior to that time,
there was no federal certification
process for relay providers seeking
compensation from the Fund; the
regulations provided only for the
certification of state TRS programs. See
generally Telecommunications Relay
Services and Speech-to-Speech Services
for Individuals with Hearing and Speech
Disabilities, CC Docket Nos. 90–571 and
98–67, CG Docket No. 03–123, Report
and Order, Order on Reconsideration,
and Further Notice of Proposed
Rulemaking, (2004 TRS Report and
Order), 19 FCC Rcd 12475, 12516,
paragraph 99 (2004), published at 69 FR
53346 and 69 FR 53382, September 1,
2004.
The Commission has interpreted the
third eligibility criterion—an interstate
common carrier offering TRS pursuant
to section 64.604—to apply only to
common carriers ‘‘offering telephone
voice transmission services that are
obligated to provide TRS in a state that
does not have a certified TRS program.’’
2004 TRS Report and Order, 19 FCC
Rcd at 12517, paragraph 103, note 304.
As the Commission explained in the
2005 IP Relay/VRS Certification Order:
The third eligibility category—‘‘Interstate
common carriers offering TRS pursuant to
§ 64.604’’—has been the means by which
some entities that are not voice telephone
service providers have sought to offer VRS,
and not the other forms of TRS, and be
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compensated for doing so from the Interstate
TRS Fund. The Commission previously
construed [in the 2004 TRS Report and
Order] the third eligibility prong, however, as
applying to common carriers obligated to
provide TRS in a state that does not have a
certified program. Because we now adopt a
fourth eligibility criterion, which will allow
common carriers seeking to offer VRS or IP
Relay and receive compensation to do so
without being part of a certified state
program or contracting with an entity that is,
it is not necessary at this time to revisit this
construction of the third eligibility category.
2005 IP Relay/VRS Certification Order, 20
FCC Rcd at 20587, paragraph 18.
Against this background, in the IP
CTS Declaratory Ruling, the
Commission expressly addressed the
manner in which IP CTS providers may
be eligible for compensation from the
Fund. The Commission concluded that
‘‘an entity desiring to provide IP
captioned telephone service * * * may
choose to seek certification from the
Commission under [§ 64.605],’’ and that
therefore, ‘‘[a]s a general matter,
potential IP CTS providers may become
eligible for compensation from the Fund
by being accepted into a certified state
TRS program or subcontracting with an
entity that is part of a certified state
program, or by seeking Commission
certification.’’ IP CTS Declaratory
Ruling, 22 FCC Rcd at 391, paragraph
28. The Commission made clear that
‘‘[p]resent eligibility to receive
compensation from the Fund for the
provision of other forms of TRS
(including captioned telephone service)
does not confer eligibility with regard to
the provision of the IP CTS recognized
in this Declaratory Ruling.’’
The Bureau therefore clarifies that, to
establish eligibility for compensation
from the Fund, IP CTS providers must
either: (1) Seek certification from the
Commission pursuant to 47 CFR 64.605;
(2) become part of a certified state
program; or (3) subcontract with an
entity that is part of a certified state
program. Only where an IP CTS
provider is a common carrier offering
telephone voice transmission services
and obligated to provide IP CTS in a
state that does not have a certified TRS
program would it be able to establish
eligibility for compensation from the
Fund via section 64.604(c)(5)(iii)(F)(3)
of the Commission’s rules. Further, the
fact that a provider is eligible to receive
compensation from the Fund for the
provision of other forms of TRS is not
sufficient grounds, on its own, to
establish a provider’s eligibility to
receive compensation from the Fund for
the provision of IP CTS. The intent of
the more specific eligibility rules for IP
CTS providers set forth in the IP CTS
Declaratory Ruling is to ensure that
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either the Commission or a state has
oversight responsibility for each
provider.
The Bureau also clarifies that IP CTS
providers seeking compensation from
the Fund must notify the Fund
administrator (currently, the National
Exchange Carrier Association (NECA))
30 days prior to the date they submit
minutes to the Fund administrator for
payment. 47 CFR 64.604(c)(5)(iii)(G).
This requirement applies even if the
provider presently offers other forms of
TRS and is compensated from the Fund.
Because the 2007 IP CTS Declaratory
Ruling specifically states that merely
being a relay provider of another service
is not enough to confer eligibility, it
follows that for IP CTS providers to
become eligible for compensation, they
must both seek Commission or state
certification (or be a subcontractor), and
must notify NECA 30 days prior to
submitting minutes for payment.
Federal Communications Commission.
Nicole McGinnis,
Deputy Chief, Consumer and Governmental
Affairs Bureau.
[FR Doc. E8–9522 Filed 4–29–08; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials
Safety Administration
49 CFR Parts 171, 173, and 175
[Docket No. PHMSA–2006–25446 (HM–243)]
RIN 2137–AE19
Hazardous Materials: Fuel Cell
Cartridges and Systems Transported
on Board Passenger Aircraft in CarryOn Baggage
Pipeline and Hazardous
Materials Safety Administration
(PHMSA), Department of Transportation
(DOT).
ACTION: Final rule.
AGENCY:
SUMMARY: PHMSA is amending the
Hazardous Materials Regulations (HMR)
to permit certain fuel cell cartridges and
fuel cell systems designed for portable
electronic devices to be transported by
passengers and crew in carry-on baggage
on board passenger-carrying aircraft.
Fuel cell cartridges and fuel cell systems
are an emerging energy technology
developed to provide a more efficient,
longer-lasting, and renewable power
source for electrically operated
equipment. This final rule prescribes
regulations for transporting fuel cells
containing flammable liquids, including
methanol; formic acid; certain
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borohydride materials; or butane that
meet certain performance and consumer
use standards. PHMSA is issuing this
final rule in cooperation with the
Federal Aviation Administration (FAA).
DATES: Effective date: The effective date
of these amendments is October 1, 2008.
Voluntary Compliance Date:
Voluntary compliance is authorized as
of May 30, 2008.
Incorporation by Reference Date: The
incorporation by reference of
publications listed in this final rule is
approved by the Director of the Federal
Register as of October 1, 2008.
FOR FURTHER INFORMATION CONTACT:
Eileen Edmonson, Office of Hazardous
Materials Standards, (202) 366–8553,
Pipeline and Hazardous Materials Safety
Administration (PHMSA), 1200 New
Jersey Avenue, SE., Washington, DC
20590, facsimile telephone number
(202) 366–7435, or by e-mail to
Eileen.Edmonson@dot.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On September 20, 2007, PHMSA
published a notice of proposed
rulemaking (NPRM; 72 FR 53744) that
proposed to amend the Hazardous
Materials Regulations (HMR; 49 CFR
Parts 171–180) to permit certain fuel
cell cartridges and systems designed for
use in portable electronic devices to be
transported in carry-on baggage on
board passenger-carrying aircraft.
Consistent with the requirements
adopted by the International Civil
Aviation Organization (ICAO) in section
8.1.1.2(r) of the 2007–2008 edition of
the ICAO Technical Instructions for the
Safe Transport of Dangerous Goods by
Air (ICAO Technical Instructions), the
NPRM proposed to permit fuel cell
systems and cartridges that contain
flammable liquids (including methanol),
formic acid, and butane in carry-on
baggage on board passenger-carrying
aircraft provided the fuel cells conform
to the industry technical specification
governing the design and consumer use
of fuel cell cartridges, power units, and
power systems developed by the
International Electrotechnical
Commission (IEC)—IEC/PAS 62282–6–
1:2006(E), First Edition 2006–02, with
Corrigendum 1, First Edition 2007–04.
We also proposed in the NPRM, in
response to petitions for rulemaking,
numbered P–1475 and P–1483, to
permit fuel cell cartridges and systems
that contain certain Class 8 (corrosive)
borohydride materials to be transported
in carry-on baggage on board passengercarrying aircraft. We agreed with the
petitioners that fuel cell cartridges and
systems containing these materials pose
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similar safety risks and will operate in
a similar manner as those containing
formic acid. We also proposed to require
that fuel cell cartridges and systems
containing certain borohydride
materials conform to the same IEC
technical specification described earlier.
The IEC specification contains
detailed manufacturing, safety, and
testing requirements to address
conditions that may be encountered
during use, misuse, and consumer
transportation. One design requirement
of the IEC specification is that the fuel
cell systems’ outputs do not exceed 60
volts and 240 watts. To ensure the
capability of the fuel cell and cartridge
to withstand normal conditions of
consumer handling and transportation,
the specification requires various
design-type tests such as pressure
differential, vibration, temperature
cycling, high temperature exposure,
drop, compressive loading, connection
cycling, external short circuit, and longterm storage.
Under the NPRM, we proposed to
limit the amount of fuel per cartridge to
a maximum quantity of 200 mL (6.76
ounces) for liquids, 200 mL (6.76
ounces) for metal fuel cell cartridges
containing butane, 120 mL (4.0 ounces)
for non-metallic fuel cell cartridges
containing butane, and 200 g (7 ounces)
for solids. Because the IEC specification
states Class 8 borohydride fuels may be
liquid or solid (see Figure E1.4 and
Sections E1.3.5.1, E1.3.7.1, and E1.3.46),
and establishes a 200 g limit for solid
fuel per fuel cell cartridge (see Sections
E1.4.12.1.3 and E2.4.12.1.3), we
proposed this same limit for solid fuel
in the NPRM. We also proposed to limit
aircraft passengers to two spare fuel cell
cartridges per person.
We proposed in the NPRM to permit
fuel cells containing the following types
of materials to be transported in carryon baggage on passenger aircraft: (1)
Gases meeting the criteria for
classification as Division 2.1 (flammable
gases), (2) solids meeting the criteria for
classification as Division 4.3 (dangerous
when wet), and (3) liquids meeting the
criteria for classification as Class 3
(flammable) or Class 8 (corrosive)
material. We unintentionally omitted
from the NPRM’s preamble text that the
proposed rulemaking also considered
solid fuels meeting the criteria for
classification as Class 8 material.
PHMSA worked closely with FAA to
evaluate the transportation safety risks
presented by these fuel cell cartridges
and systems and determined that they
may be transported safely in the cabin
of a passenger-carrying aircraft.
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II. Comments on the NPRM
PHMSA received comments from the
Methanol Institute, MTI MicroFuel
Cells, Inc., the U.S. Fuel Cell Council,
and Lilliputian Systems. The
commenters unanimously support
adoption of the proposed rule. Several
offered more specific comments on
particular aspects of the proposal, as
addressed in detail below.
A. Limitation on Fuel Cells Used To
Charge Batteries or Devices
In the NPRM, we proposed to limit
fuel cell cartridges and systems carried
by passengers and crew members to a
type and design that will not continue
to charge batteries when the device
being powered is not in use. This
proposed limitation is consistent with
restrictions adopted by ICAO.
The Methanol Institute and MTI
MicroFuel Cells, Inc., suggest that this
restriction is inconsistent with HMR
requirements applicable to other energy
producing devices such as lithium metal
or lithium ion batteries, which are not
subject to operating limitations when
carried in the passenger cabin of an
aircraft. Although the function of fuel
cell cartridges and devices may be
similar to those of other energy
producing devices permitted in
transportation under the HMR, we
disagree with the commenters that the
risks posed by these devices are similar.
We determined through our technical
review that fuel cell cartridges and
systems designed solely to energize
devices or that energize devices that are
not in use have the potential to
overwhelm the safety systems contained
in the device, posing a risk of
overheating, electric shock, or fuel
product release. We will continue to
work with the industry and
international agencies to evaluate the
safety of these fuel cell cartridges and
systems as the technology evolves and
to consider whether additional
rulemaking may be appropriate.
B. Use of the Term ‘‘Fuel Cell Cartridge’’
The U.S. Fuel Cell Council objects to
PHMSA’s use of the wording ‘‘fuel cell
cartridge.’’ It states one company,
ReliOn, has used the term since the year
2000 to refer to its patented fuel cell
system, composed of multiple ‘‘hotswappable’’ fuel cell cartridges, and to
refer to a cartridge that holds a fuel cell
but not fuel. The commenter states the
use of this wording will cause confusion
in the marketplace and requests that we
replace it with the wording ‘‘fuel
cartridges for fuel cell devices.’’
We do not agree that our use of the
term ‘‘fuel cell cartridge’’ will cause
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confusion in the regulated community.
We note that the terms ‘‘fuel cell
cartridge’’ and ‘‘fuel cell system’’ are
used extensively in the IEC
Specification No. IEC/PAS 62282–6–1
and the U.S. Fuel Council’s Special
Permit request, dated November 28,
2006, submitted by Dangerous Goods
Transport Consulting, Inc., on its behalf.
The term ‘‘fuel cell cartridge’’ has a
well-established meaning in the
industry and is not generally used as a
specific reference to the system
developed by the ReliOn Company.
III. Provisions of This Final Rule
In this final rule, PHMSA is amending
the HMR to permit the transportation in
carry-on baggage on passenger-carrying
aircraft of fuel cell cartridges and
systems containing Class 3 flammable
liquids, including methanol; formic acid
and borohydride materials meeting the
definition for a Class 8 material; and
butane, a Division 2.1 gas.
PHMSA is also requiring fuel cells to
conform to certain rigorous performance
criteria, which are consistent with the
passenger authorizations adopted for the
2007–2008 edition of the ICAO
Technical Instructions. As stated earlier
in this preamble, these criteria include
compliance with the industry technical
specification and addendum developed
by the IEC governing the design and
consumer use of fuel cell cartridges,
power units, and power systems (IEC
Specification No. IEC/PAS 62282–6–
1:2006(E), First Edition 2006, with
Corrigendum 1, First Edition 2007).
PHMSA finds the IEC technical
specification comprehensive in that it
addresses design, manufacturing,
testing, and transportation specific to
micro-fuel cells, as well as requirements
for valves, filling, packaging
performance, failure mode analysis,
consumer refilling, materials of
construction, exterior and exhaust
temperature limits, warnings,
certification, markings, and
manufacturers’ instructions. PHMSA
and FAA also strongly support the
recent addendum to the IEC
specification mandating a zero-leak
standard as a basis for successfully
passing the design-type tests, which we
find is equivalent to the safety standard
established for certain non-bulk gas
packagings in the HMR. Fuel cell
cartridges and systems carried by airline
passengers and crew must be marked
‘‘APPROVED FOR CARRIAGE IN
AIRCRAFT CABIN ONLY’’ by the
manufacturer. This marking is the
manufacturer’s certification that the fuel
cell cartridges and systems conform to
the performance standard established in
the revised IEC technical specification
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and all other applicable requirements
prescribed in the HMR.
In addition, consistent with the
standard adopted for the ICAO
Technical Instructions, in this final rule
PHMSA is limiting the amount of
hazardous material that may be
contained in each individual fuel cell
authorized for transportation in carry-on
baggage on board passenger-carrying
aircraft to 200 mL (6.76 ounces) of
liquid fuel per cartridge, 200 mL (6.76
ounces) of liquefied gas fuel per metal
cartridge, 120 mL (4 fluid ounces) of
liquefied gas fuel per non-metallic fuel
cartridge, and 200 g (7 ounces) of solid
material fuel per cartridge. Also
consistent with the ICAO Technical
Instructions, each passenger or crew
member will be permitted to carry up to
two spare cartridges.
To reduce possible releases,
passengers and crew members are
prohibited from refilling fuel cell
cartridges and systems, except to install
a spare cartridge. In addition, fuel cell
cartridges and systems carried by
passengers and crew members are
limited to a type and design that will
not solely charge batteries or continue to
charge batteries when the device being
powered is not in use. Again, these
prohibitions are consistent with the
passenger authorizations for fuel cells
adopted under the ICAO Technical
Instructions.
PHMSA and FAA are confident that
fuel cells containing flammable liquids,
including methanol; formic acid; certain
borohydride materials; or butane that
are manufactured in accordance with
the IEC specification may safely be
transported in the passenger cabin of an
aircraft under the conditions established
in this final rule. However, as indicated
above, fuel cells are an evolving
technology. PHMSA will continue to
work with the FAA’s William J. Hughes
Technical Center to evaluate the safety
risks posed by various types of fuel cell
cartridges and systems. We also intend
to work closely with the ICAO and other
international standards-setting
organizations to identify and address
safety issues associated with the
transportation of fuel cells by all modes
of transportation.
VII. Transportation Security
Administration
The Department of Homeland
Security’s Transportation Security
Administration (TSA) is authorized to
prescribe security standards for all
modes of transportation, including
aviation (49 U.S.C. 114(d)). Under this
authority, TSA prohibits airline
passengers from carrying weapons,
explosives, or incendiary devices and
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has published several interpretative
rules to provide guidance on the types
of property TSA considers subject to the
prohibition (68 FR 7444; 68 FR 9902; 70
FR 9877).
PHMSA consulted with TSA during
the development of this final rule
concerning current security limitations
applicable to the carriage of fuel cells by
aircraft passengers and crewmembers
and shared with TSA our technical
analysis supporting this rulemaking. We
understand that TSA is continuing to
consider whether or not any additional
security measures for fuel cells or fuel
cell systems may be appropriate. This
final rule does not limit TSA’s authority
to address security concerns related to
the transportation of fuel cells or fuel
cell systems.
On September 26, 2006, TSA imposed
a strict limit on liquids, gels, and
aerosols an aircraft passenger is
permitted to take through a security
checkpoint in carry-on baggage. TSA
limits these materials to 3-ounce (100
mL) or smaller containers placed in a
clear quart-size, zip-top plastic bag. Fuel
cell cartridges and systems will be
subject to this limitation,
notwithstanding the provisions adopted
in this final rule.
VIII. Rulemaking Analyses and Notices
A. Statutory/Legal Authority for This
Rulemaking
This final rule is published under the
following statutory authorities:
1. 49 U.S.C. 5103(b) authorizes the
Secretary of Transportation to prescribe
regulations for the safe transportation,
including security, of hazardous
material in intrastate, interstate, and
foreign commerce. This final rule
amends the HMR to promote the safe
transportation of fuel cells carried by
airline passengers and crew members.
To this end, as detailed above, PHMSA
is amending the HMR to limit the types
and quantities of fuel cell cartridges and
fuel cell systems permitted in carry-on
baggage on passenger aircraft, prescribe
specific performance-based design and
packaging criteria for these articles, and
limit the manner in which they may be
used during air transportation.
2. Section 5120 of Federal hazardous
materials transportation law (49 U.S.C.
5120), authorizes the Secretary of
Transportation to participate in the
development of international standards
for the transportation of hazardous
materials and grants the Secretary broad
discretion to harmonize the HMR with
international standards. Section 5120(c)
permits the Secretary to establish more
stringent standards for transportation in
the United States as necessary in the
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public interest. The amendments in this
final rule will harmonize the HMR with
international requirements for fuel cell
systems and cartridges to the extent
these are consistent with PHMSA’s
safety objectives.
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B. Executive Order 12866 and DOT
Regulatory Policies and Procedures
This final rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866 and was not
reviewed by the Office of Management
and Budget. This final rule is a nonsignificant rule under the Regulatory
Policies and Procedures of the
Department of Transportation [44 FR
11034].
Fuel cells are an emerging technology
designed to meet the growing demand
for alternative energy sources. Fuel cell
technology has not yet achieved widespread commercialization, but is being
developed for use in mobile phones,
laptop computers, and, to a lesser
extent, camcorders, digital cameras, and
personal digital assistants (‘‘PDAs’’). In
2006, the U.S. Fuel Cell Council
conducted an industry survey and
received comments from 181
respondents. The respondents reported
that sales from 2005 to 2006 of all fuel
cell and fuel cell-based systems
increased by 7 percent to $353 million,
and research and development
expenditures and industry employment
over the same period increased by 11
and 12 percent to $796 million and
7,074 employees, respectively. Fuel cell
cartridges and systems designed for
portable electronic devices are a small
part of these reported results. The
industry projects fuel cells for portable
electronic devices will achieve
significant market penetration by 2009.
By authorizing their carriage by
airline passengers and crew, the
regulatory changes addressed in this
rulemaking will lift barriers to the
commercialization and distribution of
fuel cell cartridges for use in personal
electronic equipment. The costs
associated with this rulemaking
proposal primarily relate to the costs for
testing fuel cell designs in accordance
with the IEC consensus specification.
We expect most fuel cell manufacturers
will voluntarily comply with the IEC
specification as a positive marketing
tool because it addresses broad
consumer safety issues and provides
independent assurance that fuel cells
will meet a rigorous safety standard.
Thus, the incremental costs imposed by
this final rule are expected to be
minimal.
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C. Executive Order 13132
This final rule has been analyzed in
accordance with the principles and
criteria set forth in Executive Order
13132 (‘‘Federalism’’). The requirements
that result from this final rule will
preempt State, local, and Indian tribe
requirements but will not have
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. Therefore, the
consultation and funding requirements
of Executive Order 13132 do not apply.
Federal hazardous materials
transportation law (49 U.S.C. 5125(b))
expressly preempts State, local, and
Indian tribe requirements on certain
covered subjects, as follows:
(1) The designation, description, and
classification of hazardous materials;
(2) The packing, repacking, handling,
labeling, marking, and placarding of
hazardous materials;
(3) The preparation, execution, and
use of shipping documents related to
hazardous materials, and requirements
related to the number, contents, and
placement of those documents;
(4) The written notification,
recording, and reporting of the
unintentional release in transportation
of hazardous materials; and
(5) The design, manufacture,
fabrication, inspection, marking,
maintenance, reconditioning, repair, or
testing of a packaging or container
represented, marked, certified, or sold
as qualified for use in transporting
hazardous material.
This final rule addresses covered
subject items (1), (2), (3), and (5) above
and will preempt State, local, and
Indian tribe requirements not meeting
the ‘‘substantively the same’’ standard.
Pursuant to 49 U.S.C. 5125(b)(2), we
will deem federal preemption effective
upon the effective date of the final rule.
We are making the final rule effective on
October 1, 2008.
D. Executive Order 13175
This final rule was analyzed in
accordance with the principles and
criteria set forth in Executive Order
13175 (‘‘Consultation and Coordination
with Indian Tribal Governments’’).
Because it does not have tribal
implications and does not impose
substantial direct compliance costs, the
funding and consultation requirements
of Executive Order 13175 do not apply
to this final rule.
E. Regulatory Flexibility Act
The Regulatory Flexibility Act (5
U.S.C. 601 et seq.) requires an agency to
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23365
review regulations to assess their impact
on small entities, unless the agency
determines the final rule is not expected
to have a significant impact on a
substantial number of small entities.
This final rule will relax regulatory
barriers to the transportation of fuel
cells used in personal electronic devices
and, accordingly, is expected to have a
positive impact on small businesses that
manufacture, distribute, transport, or
use such items. As indicated above, we
expect the incremental costs imposed by
this final rule to be minimal. Therefore,
PHMSA certifies that the amendments
prescribed in this final rule will not
have a significant impact on a
substantial number of small entities.
This final rule has been developed in
accordance with Executive Order 13272
(‘‘Proper Consideration of Small Entities
in Agency Rulemaking’’) and DOT’s
procedures and policies to promote
compliance with the Regulatory
Flexibility Act to ensure that potential
impacts of final rules on small entities
are properly considered.
F. Paperwork Reduction Act
Section 1320.8(d), Title 5, Code of
Federal Regulations, requires PHMSA to
provide interested members of the
public and affected agencies an
opportunity to comment on information
collection and recordkeeping requests.
This final rule does not include new
information collection or recordkeeping
requirements.
G. 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 contained in the heading
of this document can be used to crossreference this action with the Unified
Agenda.
H. Unfunded Mandates Reform Act
This final 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.
I. Environmental Assessment
The National Environmental Policy
Act (NEPA), §§ 4321–4375, requires that
federal agencies analyze regulatory
actions to determine whether the action
will have a significant impact on the
human environment. The Council on
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Federal Register / Vol. 73, No. 84 / Wednesday, April 30, 2008 / Rules and Regulations
Environmental Quality (CEQ)
regulations order federal agencies to
conduct an environmental review
considering (1) the need for the action,
(2) alternatives to the action, (3)
environmental impacts of the action and
alternatives, and (4) the agencies and
persons consulted during the
consideration process. 40 CFR
1508.9(b).
We have reviewed the risks associated
with transporting fuel cell systems and
cartridges. The amount of hazardous
material contained within the fuel cells
or cartridges to which this final rule
applies is minimal, limited to 200 mL or
200 g. Even if a large number of these
devices were compromised and their
hazardous materials contents released,
the environmental impact of the release
will not be significant. We have
determined there will be no significant
environmental impacts associated with
this final rule.
Consultation and Public Comment
As discussed above, PHMSA
consulted with the IEC and many
companies representing the fuel cell
industry here and abroad to prepare for
U.N. Dangerous Goods Council meetings
on these devices. PHMSA also
participated in the technical review of
papers prepared by these companies
explaining the potential risks and
measures taken in the IEC specification
to reduce risks for each fuel the IEC
specification states may be present in a
fuel cell. As discussed earlier, PHMSA
also has consulted extensively with the
U.S. Fuel Council, Medis Technologies,
Ltd., and Millenium Cell, Inc., in
response to their petitions for
rulemaking, P–1475 and P–1483,
respectively, to permit passengers and
crew to transport in carry-on baggage on
board passenger aircraft fuel cells
containing flammable liquid, formic
acid, butane, and Class 8 borohydride
materials for use in portable electronic
devices. PHMSA has also received one
letter signed by approximately 18
companies and 4 letters from
commenters that support amending the
HMR to permit fuel cells to be
transported in personal electronic
devices in carry-on luggage on board
passenger-carrying aircraft.
List of Subjects
49 CFR Part 171
Exports, Hazardous materials
transportation, Hazardous waste,
Imports, Incorporation by reference,
Reporting and recordkeeping
requirements.
49 CFR Part 173
Hazardous materials transportation,
Packaging and containers, Radioactive
materials, Reporting and recordkeeping
requirements, Uranium.
49 CFR Part 175
Air carriers, Hazardous materials
transportation, Incorporation by
reference, Radioactive materials,
Reporting and recordkeeping
requirements.
I In consideration of the foregoing, 49
CFR Chapter I is amended as follows:
PART 171—GENERAL INFORMATION,
REGULATIONS, AND DEFINITIONS
1. The authority citation for part 171
continues to read as follows:
I
Authority: 49 U.S.C. 5101–5128, 44701; 49
CFR 1.45 and 1.53; Public Law 101–410
section 4 (28 U.S.C. 2461 Note); Public Law
104–134 section 31001.
2. In § 171.7, amend paragraph (a)(3),
in the Table, by adding a new entry for
the International Electrotechnical
Commission in appropriate alphabetical
order to read as follows:
I
§ 171.7
*
Reference material.
*
*
(a) * * *
(3) * * *
*
*
49 CFR
Reference
Source and name of material
*
*
*
*
*
*
´
International Electrotechnical Commission (IEC) 3, rue de Varembe, P.O. Box 131, CH—1211, GENEVA 20, Switzerland:
Fuel cell technologies—Part 6–1: Micro fuel cell power systems—Safety, IEC/PAS 62282–6–1:2006(E), First Edition 2006–
02, with Corrigendum 1, First Edition 2007–04 ........................................................................................................................
*
*
*
*
*
*
*
*
3. § 171.8, three new definitions for
‘‘fuel cell,’’ ‘‘fuel cell cartridge,’’ and
‘‘fuel cell system’’ are added in
alphabetical order to read as follows:
I
§ 171.8
Definitions and abbreviations.
mstockstill on PROD1PC66 with RULES
*
*
*
*
*
Fuel cell means an electrochemical
device that converts the energy of the
chemical reaction between a fuel, such
as hydrogen or hydrogen rich gases,
alcohols, or hydrocarbons, and an
oxidant, such as air or oxygen, to direct
current (d.c.) power, heat, and other
reaction products.
Fuel cell cartridge or Fuel cartridge
means a removable article that contains
and supplies fuel to the micro fuel cell
power unit or internal reservoir, not to
be refilled by the user.
VerDate Aug<31>2005
16:50 Apr 29, 2008
Jkt 214001
*
*
Fuel cell system means a fuel cell
with an installed fuel cell cartridge
together with wiring, valves, and other
attachments that connect the fuel cell or
cartridge to the device it powers. The
fuel cell or cartridge may be so
constructed that it forms an integral part
of the device or may be removed and
connected manually to the device.
*
*
*
*
*
PART 173—SHIPPERS—GENERAL
REQUIREMENTS FOR SHIPMENTS
AND PACKAGINGS
4. The authority citation for part 173
continues to read as follows:
I
Authority: 49 U.S.C. 5101–5128, 44701; 49
CFR 1.45, 1.53.
PO 00000
Frm 00046
Fmt 4700
Sfmt 4700
*
*
§ 175.10
*
5. In § 173.230, paragraph (a) is
revised and new paragraph (d) is added,
to read as follows:
I
§ 173.230 Fuel cell cartridges containing
flammable liquids.
(a) A fuel cell cartridge must be
designed and constructed to prevent the
fuel it contains from leaking during
normal conditions of transportation and
be free of electric charge generating
components.
*
*
*
*
*
(d) Fuel cells intended for
transportation in carry-on baggage on
board passenger aircraft must also meet
the applicable provisions prescribed in
§ 175.10 of this subchapter.
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Federal Register / Vol. 73, No. 84 / Wednesday, April 30, 2008 / Rules and Regulations
PART 175—CARRIAGE BY AIRCRAFT
6. The authority citation for part 175
continues to read as follows:
I
Authority: 49 U.S.C. 5101–5128, 44701; 49
CFR 1.45, 1.53.
7. In § 175.10, new paragraph (a)(18)
is added to read as follows:
I
mstockstill on PROD1PC66 with RULES
§ 175.10 Exceptions for passengers, crew
members, and air operators.
(a) * * *
(18) Portable electronic devices (for
example, cameras, cellular phones,
laptop computers, and camcorders)
powered by fuel cell systems, and not
more than two spare fuel cell cartridges
per passenger or crew member, when
transported in carry-on baggage by
aircraft under the following conditions:
(i) Fuel cell cartridges may contain
only Class 3 flammable liquids
(including methanol), Class 8 formic
acid, Class 8 borohydride materials, or
Division 2.1 butane;
(ii) The maximum quantity of fuel in
any fuel cell cartridge may not exceed:
(A) 200 mL (6.76 ounces) for liquids,
(B) 120 mL (4 fluid ounces) for
liquefied gases in non-metallic fuel cell
cartridges, or 200 mL for liquefied gases
in metal fuel cell cartridges;
(C) 200 g (7 ounces) for solids;
(iii) No more than two spare fuel cell
cartridges may be carried by a
passenger;
(iv) Fuel cell systems containing fuel
and fuel cell cartridges including spare
cartridges are permitted in carry-on
baggage only;
(v) Fuel cell cartridges may not be
refillable by the user. Refueling of fuel
cell systems is not permitted except that
the installation of a spare cartridge is
allowed. Fuel cell cartridges that are
used to refill fuel cell systems but that
are not designed or intended to remain
installed (fuel cell refills) in a portable
electronic device are not permitted;
(vi) Fuel cell systems and fuel cell
cartridges must conform to IEC/PAS
62282–6–1 (IBR; see § 171.7 of this
subchapter);
(vii) Interaction between fuel cells
and integrated batteries in a device must
conform to IEC/PAS 62282–6–1. Fuel
cell systems for which the sole function
is to charge a battery in the device are
not permitted;
(viii) Fuel cell systems must be of a
type that will not charge batteries when
the portable electronic device is not in
use; and
(ix) Each fuel cell cartridge and
system that conforms to the
requirements in this paragraph (a)(18)
must be durably marked by the
manufacturer with the wording:
VerDate Aug<31>2005
16:50 Apr 29, 2008
Jkt 214001
‘‘APPROVED FOR CARRIAGE IN
AIRCRAFT CABIN ONLY’’ to certify
that the fuel cell cartridge or system
meets the specifications in IEC/PAS
62282–6–1 and all other applicable
requirements of this subchapter.
*
*
*
*
*
Issued in Washington, DC, on April 22,
2008, under the authority delegated in 49
CFR part 1.
Carl T. Johnson,
Administrator.
[FR Doc. E8–9203 Filed 4–29–08; 8:45 am]
BILLING CODE 4910–60–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
49 CFR Part 565
[Docket No. NHTSA 2008–0022]
RIN 2127–AJ99
Vehicle Identification Number
Requirements
National Highway Traffic
Safety Administration (NHTSA), DOT.
ACTION: Final rule.
AGENCY:
SUMMARY: This document amends 49
CFR Part 565, Vehicle Identification
Number Requirements, to make certain
changes in the 17-character vehicle
identification number (VIN) system so
that the system will remain viable for at
least another 30 years. This rule was
initiated by a petition from SAE
International (formerly known as the
Society of Automotive Engineers),
which was concerned that the available
supply of VINs, and particularly the
manufacturer identifier part of the VIN,
might run out. This final rule will
ensure that there will be a sufficient
number of unique manufacturer
identifiers and VINs to use for at least
another 30 years.
DATES: Effective Date: October 27, 2008.
Compliance Dates: Amendments
made in this rule apply to motor
vehicles manufactured on or after
October 27, 2008 whose VINs have a
letter ‘‘A’’ or ‘‘B’’ in the 10th position
of the VIN, and to all motor vehicles
manufactured on or after April 30, 2009.
Petitions for Reconsideration:
Petitions for reconsideration of this rule
must be received by June 16, 2008.
ADDRESSES: Petitions for reconsideration
should refer to the docket and notice
number above and be submitted to:
Administrator, National Highway
Traffic Safety Administration, 1200 New
Jersey Avenue, SE., Washington, DC
20590.
PO 00000
Frm 00047
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23367
See the SUPPLEMENTARY INFORMATION
portion of this document (Section IV,
Rulemaking Analyses and Notices) for
DOT’s Privacy Act Statement regarding
documents submitted to the agency’s
dockets.
FOR FURTHER INFORMATION CONTACT: For
non-legal issues, you may contact Mr.
Kenneth O. Hardie, Office of Crash
Avoidance Standards (NVS–120),
NHTSA, 1200 New Jersey Avenue, SE.,
Washington, DC 20590 (Telephone:
202–366–6987) (FAX: 202–366–7002).
For legal issues, you may contact Ms.
Rebecca Schade, Office of the Chief
Counsel, NHTSA, 1200 New Jersey
Avenue, SE., Washington, DC 20590
(Telephone: 202–366–2992) (FAX: 202–
366–3820).
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Executive Summary
II. Background
A. History and Overview of the VIN
System
B. Petition for Rulemaking
C. Notice of Proposed Rulemaking
III. The Final Rule and Response to Public
Comments
A. Summary of Public Comments
B. Summary of Amendments Adopted in
This Final Rule
IV. Rulemaking Analyses and Notice
I. Executive Summary
In response to a petition for
rulemaking, the National Highway
Traffic Safety Administration (NHTSA)
is amending 49 CFR Part 565, Vehicle
Identification Number Requirements
(Part 565), so that the supply of
manufacturer identifiers and vehicle
identification numbers available under
this regulation will be sufficient for at
least the next 30 years.
To accomplish this, NHTSA is
revising the requirements for where
certain information must be
communicated in a vehicle
identification number (VIN) as well as
the characters that may be used in some
of the 17 positions of the VIN for
passenger cars and multipurpose
passenger vehicles and trucks with a
gross vehicle weight rating of 4536 kg
(10,000 lb) or less. These changes will
have two primary effects. First, the need
to issue new manufacturer identifiers,
particularly for large manufacturers,
should be drastically reduced, thus
preserving for a longer period of time
the remaining combinations of
characters that are available to be
issued. Second, the changes will
substantially increase the number of
combinations of characters available in
positions 4 through 8 of the VIN, as well
as combinations of those characters with
characters in the other VIN positions, so
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]]>Agencies
[Federal Register Volume 73, Number 84 (Wednesday, April 30, 2008)]
[Rules and Regulations]
[Pages 23362-23367]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-9203]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
49 CFR Parts 171, 173, and 175
[Docket No. PHMSA-2006-25446 (HM-243)]
RIN 2137-AE19
Hazardous Materials: Fuel Cell Cartridges and Systems Transported
on Board Passenger Aircraft in Carry-On Baggage
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
Department of Transportation (DOT).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: PHMSA is amending the Hazardous Materials Regulations (HMR) to
permit certain fuel cell cartridges and fuel cell systems designed for
portable electronic devices to be transported by passengers and crew in
carry-on baggage on board passenger-carrying aircraft. Fuel cell
cartridges and fuel cell systems are an emerging energy technology
developed to provide a more efficient, longer-lasting, and renewable
power source for electrically operated equipment. This final rule
prescribes regulations for transporting fuel cells containing flammable
liquids, including methanol; formic acid; certain
[[Page 23363]]
borohydride materials; or butane that meet certain performance and
consumer use standards. PHMSA is issuing this final rule in cooperation
with the Federal Aviation Administration (FAA).
DATES: Effective date: The effective date of these amendments is
October 1, 2008.
Voluntary Compliance Date: Voluntary compliance is authorized as of
May 30, 2008.
Incorporation by Reference Date: The incorporation by reference of
publications listed in this final rule is approved by the Director of
the Federal Register as of October 1, 2008.
FOR FURTHER INFORMATION CONTACT: Eileen Edmonson, Office of Hazardous
Materials Standards, (202) 366-8553, Pipeline and Hazardous Materials
Safety Administration (PHMSA), 1200 New Jersey Avenue, SE., Washington,
DC 20590, facsimile telephone number (202) 366-7435, or by e-mail to
Eileen.Edmonson@dot.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On September 20, 2007, PHMSA published a notice of proposed
rulemaking (NPRM; 72 FR 53744) that proposed to amend the Hazardous
Materials Regulations (HMR; 49 CFR Parts 171-180) to permit certain
fuel cell cartridges and systems designed for use in portable
electronic devices to be transported in carry-on baggage on board
passenger-carrying aircraft. Consistent with the requirements adopted
by the International Civil Aviation Organization (ICAO) in section
8.1.1.2(r) of the 2007-2008 edition of the ICAO Technical Instructions
for the Safe Transport of Dangerous Goods by Air (ICAO Technical
Instructions), the NPRM proposed to permit fuel cell systems and
cartridges that contain flammable liquids (including methanol), formic
acid, and butane in carry-on baggage on board passenger-carrying
aircraft provided the fuel cells conform to the industry technical
specification governing the design and consumer use of fuel cell
cartridges, power units, and power systems developed by the
International Electrotechnical Commission (IEC)--IEC/PAS 62282-6-
1:2006(E), First Edition 2006-02, with Corrigendum 1, First Edition
2007-04. We also proposed in the NPRM, in response to petitions for
rulemaking, numbered P-1475 and P-1483, to permit fuel cell cartridges
and systems that contain certain Class 8 (corrosive) borohydride
materials to be transported in carry-on baggage on board passenger-
carrying aircraft. We agreed with the petitioners that fuel cell
cartridges and systems containing these materials pose similar safety
risks and will operate in a similar manner as those containing formic
acid. We also proposed to require that fuel cell cartridges and systems
containing certain borohydride materials conform to the same IEC
technical specification described earlier.
The IEC specification contains detailed manufacturing, safety, and
testing requirements to address conditions that may be encountered
during use, misuse, and consumer transportation. One design requirement
of the IEC specification is that the fuel cell systems' outputs do not
exceed 60 volts and 240 watts. To ensure the capability of the fuel
cell and cartridge to withstand normal conditions of consumer handling
and transportation, the specification requires various design-type
tests such as pressure differential, vibration, temperature cycling,
high temperature exposure, drop, compressive loading, connection
cycling, external short circuit, and long-term storage.
Under the NPRM, we proposed to limit the amount of fuel per
cartridge to a maximum quantity of 200 mL (6.76 ounces) for liquids,
200 mL (6.76 ounces) for metal fuel cell cartridges containing butane,
120 mL (4.0 ounces) for non-metallic fuel cell cartridges containing
butane, and 200 g (7 ounces) for solids. Because the IEC specification
states Class 8 borohydride fuels may be liquid or solid (see Figure
E1.4 and Sections E1.3.5.1, E1.3.7.1, and E1.3.46), and establishes a
200 g limit for solid fuel per fuel cell cartridge (see Sections
E1.4.12.1.3 and E2.4.12.1.3), we proposed this same limit for solid
fuel in the NPRM. We also proposed to limit aircraft passengers to two
spare fuel cell cartridges per person.
We proposed in the NPRM to permit fuel cells containing the
following types of materials to be transported in carry-on baggage on
passenger aircraft: (1) Gases meeting the criteria for classification
as Division 2.1 (flammable gases), (2) solids meeting the criteria for
classification as Division 4.3 (dangerous when wet), and (3) liquids
meeting the criteria for classification as Class 3 (flammable) or Class
8 (corrosive) material. We unintentionally omitted from the NPRM's
preamble text that the proposed rulemaking also considered solid fuels
meeting the criteria for classification as Class 8 material. PHMSA
worked closely with FAA to evaluate the transportation safety risks
presented by these fuel cell cartridges and systems and determined that
they may be transported safely in the cabin of a passenger-carrying
aircraft.
II. Comments on the NPRM
PHMSA received comments from the Methanol Institute, MTI MicroFuel
Cells, Inc., the U.S. Fuel Cell Council, and Lilliputian Systems. The
commenters unanimously support adoption of the proposed rule. Several
offered more specific comments on particular aspects of the proposal,
as addressed in detail below.
A. Limitation on Fuel Cells Used To Charge Batteries or Devices
In the NPRM, we proposed to limit fuel cell cartridges and systems
carried by passengers and crew members to a type and design that will
not continue to charge batteries when the device being powered is not
in use. This proposed limitation is consistent with restrictions
adopted by ICAO.
The Methanol Institute and MTI MicroFuel Cells, Inc., suggest that
this restriction is inconsistent with HMR requirements applicable to
other energy producing devices such as lithium metal or lithium ion
batteries, which are not subject to operating limitations when carried
in the passenger cabin of an aircraft. Although the function of fuel
cell cartridges and devices may be similar to those of other energy
producing devices permitted in transportation under the HMR, we
disagree with the commenters that the risks posed by these devices are
similar. We determined through our technical review that fuel cell
cartridges and systems designed solely to energize devices or that
energize devices that are not in use have the potential to overwhelm
the safety systems contained in the device, posing a risk of
overheating, electric shock, or fuel product release. We will continue
to work with the industry and international agencies to evaluate the
safety of these fuel cell cartridges and systems as the technology
evolves and to consider whether additional rulemaking may be
appropriate.
B. Use of the Term ``Fuel Cell Cartridge''
The U.S. Fuel Cell Council objects to PHMSA's use of the wording
``fuel cell cartridge.'' It states one company, ReliOn, has used the
term since the year 2000 to refer to its patented fuel cell system,
composed of multiple ``hot-swappable'' fuel cell cartridges, and to
refer to a cartridge that holds a fuel cell but not fuel. The commenter
states the use of this wording will cause confusion in the marketplace
and requests that we replace it with the wording ``fuel cartridges for
fuel cell devices.''
We do not agree that our use of the term ``fuel cell cartridge''
will cause
[[Page 23364]]
confusion in the regulated community. We note that the terms ``fuel
cell cartridge'' and ``fuel cell system'' are used extensively in the
IEC Specification No. IEC/PAS 62282-6-1 and the U.S. Fuel Council's
Special Permit request, dated November 28, 2006, submitted by Dangerous
Goods Transport Consulting, Inc., on its behalf. The term ``fuel cell
cartridge'' has a well-established meaning in the industry and is not
generally used as a specific reference to the system developed by the
ReliOn Company.
III. Provisions of This Final Rule
In this final rule, PHMSA is amending the HMR to permit the
transportation in carry-on baggage on passenger-carrying aircraft of
fuel cell cartridges and systems containing Class 3 flammable liquids,
including methanol; formic acid and borohydride materials meeting the
definition for a Class 8 material; and butane, a Division 2.1 gas.
PHMSA is also requiring fuel cells to conform to certain rigorous
performance criteria, which are consistent with the passenger
authorizations adopted for the 2007-2008 edition of the ICAO Technical
Instructions. As stated earlier in this preamble, these criteria
include compliance with the industry technical specification and
addendum developed by the IEC governing the design and consumer use of
fuel cell cartridges, power units, and power systems (IEC Specification
No. IEC/PAS 62282-6-1:2006(E), First Edition 2006, with Corrigendum 1,
First Edition 2007). PHMSA finds the IEC technical specification
comprehensive in that it addresses design, manufacturing, testing, and
transportation specific to micro-fuel cells, as well as requirements
for valves, filling, packaging performance, failure mode analysis,
consumer refilling, materials of construction, exterior and exhaust
temperature limits, warnings, certification, markings, and
manufacturers' instructions. PHMSA and FAA also strongly support the
recent addendum to the IEC specification mandating a zero-leak standard
as a basis for successfully passing the design-type tests, which we
find is equivalent to the safety standard established for certain non-
bulk gas packagings in the HMR. Fuel cell cartridges and systems
carried by airline passengers and crew must be marked ``APPROVED FOR
CARRIAGE IN AIRCRAFT CABIN ONLY'' by the manufacturer. This marking is
the manufacturer's certification that the fuel cell cartridges and
systems conform to the performance standard established in the revised
IEC technical specification and all other applicable requirements
prescribed in the HMR.
In addition, consistent with the standard adopted for the ICAO
Technical Instructions, in this final rule PHMSA is limiting the amount
of hazardous material that may be contained in each individual fuel
cell authorized for transportation in carry-on baggage on board
passenger-carrying aircraft to 200 mL (6.76 ounces) of liquid fuel per
cartridge, 200 mL (6.76 ounces) of liquefied gas fuel per metal
cartridge, 120 mL (4 fluid ounces) of liquefied gas fuel per non-
metallic fuel cartridge, and 200 g (7 ounces) of solid material fuel
per cartridge. Also consistent with the ICAO Technical Instructions,
each passenger or crew member will be permitted to carry up to two
spare cartridges.
To reduce possible releases, passengers and crew members are
prohibited from refilling fuel cell cartridges and systems, except to
install a spare cartridge. In addition, fuel cell cartridges and
systems carried by passengers and crew members are limited to a type
and design that will not solely charge batteries or continue to charge
batteries when the device being powered is not in use. Again, these
prohibitions are consistent with the passenger authorizations for fuel
cells adopted under the ICAO Technical Instructions.
PHMSA and FAA are confident that fuel cells containing flammable
liquids, including methanol; formic acid; certain borohydride
materials; or butane that are manufactured in accordance with the IEC
specification may safely be transported in the passenger cabin of an
aircraft under the conditions established in this final rule. However,
as indicated above, fuel cells are an evolving technology. PHMSA will
continue to work with the FAA's William J. Hughes Technical Center to
evaluate the safety risks posed by various types of fuel cell
cartridges and systems. We also intend to work closely with the ICAO
and other international standards-setting organizations to identify and
address safety issues associated with the transportation of fuel cells
by all modes of transportation.
VII. Transportation Security Administration
The Department of Homeland Security's Transportation Security
Administration (TSA) is authorized to prescribe security standards for
all modes of transportation, including aviation (49 U.S.C. 114(d)).
Under this authority, TSA prohibits airline passengers from carrying
weapons, explosives, or incendiary devices and has published several
interpretative rules to provide guidance on the types of property TSA
considers subject to the prohibition (68 FR 7444; 68 FR 9902; 70 FR
9877).
PHMSA consulted with TSA during the development of this final rule
concerning current security limitations applicable to the carriage of
fuel cells by aircraft passengers and crewmembers and shared with TSA
our technical analysis supporting this rulemaking. We understand that
TSA is continuing to consider whether or not any additional security
measures for fuel cells or fuel cell systems may be appropriate. This
final rule does not limit TSA's authority to address security concerns
related to the transportation of fuel cells or fuel cell systems.
On September 26, 2006, TSA imposed a strict limit on liquids, gels,
and aerosols an aircraft passenger is permitted to take through a
security checkpoint in carry-on baggage. TSA limits these materials to
3-ounce (100 mL) or smaller containers placed in a clear quart-size,
zip-top plastic bag. Fuel cell cartridges and systems will be subject
to this limitation, notwithstanding the provisions adopted in this
final rule.
VIII. Rulemaking Analyses and Notices
A. Statutory/Legal Authority for This Rulemaking
This final rule is published under the following statutory
authorities:
1. 49 U.S.C. 5103(b) authorizes the Secretary of Transportation to
prescribe regulations for the safe transportation, including security,
of hazardous material in intrastate, interstate, and foreign commerce.
This final rule amends the HMR to promote the safe transportation of
fuel cells carried by airline passengers and crew members. To this end,
as detailed above, PHMSA is amending the HMR to limit the types and
quantities of fuel cell cartridges and fuel cell systems permitted in
carry-on baggage on passenger aircraft, prescribe specific performance-
based design and packaging criteria for these articles, and limit the
manner in which they may be used during air transportation.
2. Section 5120 of Federal hazardous materials transportation law
(49 U.S.C. 5120), authorizes the Secretary of Transportation to
participate in the development of international standards for the
transportation of hazardous materials and grants the Secretary broad
discretion to harmonize the HMR with international standards. Section
5120(c) permits the Secretary to establish more stringent standards for
transportation in the United States as necessary in the
[[Page 23365]]
public interest. The amendments in this final rule will harmonize the
HMR with international requirements for fuel cell systems and
cartridges to the extent these are consistent with PHMSA's safety
objectives.
B. Executive Order 12866 and DOT Regulatory Policies and Procedures
This final rule is not a significant regulatory action under
section 3(f) of Executive Order 12866 and was not reviewed by the
Office of Management and Budget. This final rule is a non-significant
rule under the Regulatory Policies and Procedures of the Department of
Transportation [44 FR 11034].
Fuel cells are an emerging technology designed to meet the growing
demand for alternative energy sources. Fuel cell technology has not yet
achieved wide-spread commercialization, but is being developed for use
in mobile phones, laptop computers, and, to a lesser extent,
camcorders, digital cameras, and personal digital assistants
(``PDAs''). In 2006, the U.S. Fuel Cell Council conducted an industry
survey and received comments from 181 respondents. The respondents
reported that sales from 2005 to 2006 of all fuel cell and fuel cell-
based systems increased by 7 percent to $353 million, and research and
development expenditures and industry employment over the same period
increased by 11 and 12 percent to $796 million and 7,074 employees,
respectively. Fuel cell cartridges and systems designed for portable
electronic devices are a small part of these reported results. The
industry projects fuel cells for portable electronic devices will
achieve significant market penetration by 2009.
By authorizing their carriage by airline passengers and crew, the
regulatory changes addressed in this rulemaking will lift barriers to
the commercialization and distribution of fuel cell cartridges for use
in personal electronic equipment. The costs associated with this
rulemaking proposal primarily relate to the costs for testing fuel cell
designs in accordance with the IEC consensus specification. We expect
most fuel cell manufacturers will voluntarily comply with the IEC
specification as a positive marketing tool because it addresses broad
consumer safety issues and provides independent assurance that fuel
cells will meet a rigorous safety standard. Thus, the incremental costs
imposed by this final rule are expected to be minimal.
C. Executive Order 13132
This final rule has been analyzed in accordance with the principles
and criteria set forth in Executive Order 13132 (``Federalism''). The
requirements that result from this final rule will preempt State,
local, and Indian tribe requirements but will not have 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. Therefore, the
consultation and funding requirements of Executive Order 13132 do not
apply.
Federal hazardous materials transportation law (49 U.S.C. 5125(b))
expressly preempts State, local, and Indian tribe requirements on
certain covered subjects, as follows:
(1) The designation, description, and classification of hazardous
materials;
(2) The packing, repacking, handling, labeling, marking, and
placarding of hazardous materials;
(3) The preparation, execution, and use of shipping documents
related to hazardous materials, and requirements related to the number,
contents, and placement of those documents;
(4) The written notification, recording, and reporting of the
unintentional release in transportation of hazardous materials; and
(5) The design, manufacture, fabrication, inspection, marking,
maintenance, reconditioning, repair, or testing of a packaging or
container represented, marked, certified, or sold as qualified for use
in transporting hazardous material.
This final rule addresses covered subject items (1), (2), (3), and
(5) above and will preempt State, local, and Indian tribe requirements
not meeting the ``substantively the same'' standard. Pursuant to 49
U.S.C. 5125(b)(2), we will deem federal preemption effective upon the
effective date of the final rule. We are making the final rule
effective on October 1, 2008.
D. Executive Order 13175
This final rule was analyzed in accordance with the principles and
criteria set forth in Executive Order 13175 (``Consultation and
Coordination with Indian Tribal Governments''). Because it does not
have tribal implications and does not impose substantial direct
compliance costs, the funding and consultation requirements of
Executive Order 13175 do not apply to this final rule.
E. Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires an
agency to review regulations to assess their impact on small entities,
unless the agency determines the final rule is not expected to have a
significant impact on a substantial number of small entities. This
final rule will relax regulatory barriers to the transportation of fuel
cells used in personal electronic devices and, accordingly, is expected
to have a positive impact on small businesses that manufacture,
distribute, transport, or use such items. As indicated above, we expect
the incremental costs imposed by this final rule to be minimal.
Therefore, PHMSA certifies that the amendments prescribed in this final
rule will not have a significant impact on a substantial number of
small entities.
This final rule has been developed in accordance with Executive
Order 13272 (``Proper Consideration of Small Entities in Agency
Rulemaking'') and DOT's procedures and policies to promote compliance
with the Regulatory Flexibility Act to ensure that potential impacts of
final rules on small entities are properly considered.
F. Paperwork Reduction Act
Section 1320.8(d), Title 5, Code of Federal Regulations, requires
PHMSA to provide interested members of the public and affected agencies
an opportunity to comment on information collection and recordkeeping
requests. This final rule does not include new information collection
or recordkeeping requirements.
G. 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 contained in the heading of
this document can be used to cross-reference this action with the
Unified Agenda.
H. Unfunded Mandates Reform Act
This final 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.
I. Environmental Assessment
The National Environmental Policy Act (NEPA), Sec. Sec. 4321-4375,
requires that federal agencies analyze regulatory actions to determine
whether the action will have a significant impact on the human
environment. The Council on
[[Page 23366]]
Environmental Quality (CEQ) regulations order federal agencies to
conduct an environmental review considering (1) the need for the
action, (2) alternatives to the action, (3) environmental impacts of
the action and alternatives, and (4) the agencies and persons consulted
during the consideration process. 40 CFR 1508.9(b).
We have reviewed the risks associated with transporting fuel cell
systems and cartridges. The amount of hazardous material contained
within the fuel cells or cartridges to which this final rule applies is
minimal, limited to 200 mL or 200 g. Even if a large number of these
devices were compromised and their hazardous materials contents
released, the environmental impact of the release will not be
significant. We have determined there will be no significant
environmental impacts associated with this final rule.
Consultation and Public Comment
As discussed above, PHMSA consulted with the IEC and many companies
representing the fuel cell industry here and abroad to prepare for U.N.
Dangerous Goods Council meetings on these devices. PHMSA also
participated in the technical review of papers prepared by these
companies explaining the potential risks and measures taken in the IEC
specification to reduce risks for each fuel the IEC specification
states may be present in a fuel cell. As discussed earlier, PHMSA also
has consulted extensively with the U.S. Fuel Council, Medis
Technologies, Ltd., and Millenium Cell, Inc., in response to their
petitions for rulemaking, P-1475 and P-1483, respectively, to permit
passengers and crew to transport in carry-on baggage on board passenger
aircraft fuel cells containing flammable liquid, formic acid, butane,
and Class 8 borohydride materials for use in portable electronic
devices. PHMSA has also received one letter signed by approximately 18
companies and 4 letters from commenters that support amending the HMR
to permit fuel cells to be transported in personal electronic devices
in carry-on luggage on board passenger-carrying aircraft.
List of Subjects
49 CFR Part 171
Exports, Hazardous materials transportation, Hazardous waste,
Imports, Incorporation by reference, Reporting and recordkeeping
requirements.
49 CFR Part 173
Hazardous materials transportation, Packaging and containers,
Radioactive materials, Reporting and recordkeeping requirements,
Uranium.
49 CFR Part 175
Air carriers, Hazardous materials transportation, Incorporation by
reference, Radioactive materials, Reporting and recordkeeping
requirements.
0
In consideration of the foregoing, 49 CFR Chapter I is amended as
follows:
PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS
0
1. The authority citation for part 171 continues to read as follows:
Authority: 49 U.S.C. 5101-5128, 44701; 49 CFR 1.45 and 1.53;
Public Law 101-410 section 4 (28 U.S.C. 2461 Note); Public Law 104-
134 section 31001.
0
2. In Sec. 171.7, amend paragraph (a)(3), in the Table, by adding a
new entry for the International Electrotechnical Commission in
appropriate alphabetical order to read as follows:
Sec. 171.7 Reference material.
* * * * *
(a) * * *
(3) * * *
------------------------------------------------------------------------
49 CFR
Source and name of material Reference
------------------------------------------------------------------------
* * * * * * *
International Electrotechnical Commission (IEC) 3, rue
de Varemb[eacute], P.O. Box 131, CH--1211, GENEVA 20,
Switzerland:
Fuel cell technologies--Part 6-1: Micro fuel cell Sec. 175.10
power systems--Safety, IEC/PAS 62282-6-1:2006(E),
First Edition 2006-02, with Corrigendum 1, First
Edition 2007-04....................................
* * * * * * *
------------------------------------------------------------------------
* * * * *
0
3. Sec. 171.8, three new definitions for ``fuel cell,'' ``fuel cell
cartridge,'' and ``fuel cell system'' are added in alphabetical order
to read as follows:
Sec. 171.8 Definitions and abbreviations.
* * * * *
Fuel cell means an electrochemical device that converts the energy
of the chemical reaction between a fuel, such as hydrogen or hydrogen
rich gases, alcohols, or hydrocarbons, and an oxidant, such as air or
oxygen, to direct current (d.c.) power, heat, and other reaction
products.
Fuel cell cartridge or Fuel cartridge means a removable article
that contains and supplies fuel to the micro fuel cell power unit or
internal reservoir, not to be refilled by the user.
Fuel cell system means a fuel cell with an installed fuel cell
cartridge together with wiring, valves, and other attachments that
connect the fuel cell or cartridge to the device it powers. The fuel
cell or cartridge may be so constructed that it forms an integral part
of the device or may be removed and connected manually to the device.
* * * * *
PART 173--SHIPPERS--GENERAL REQUIREMENTS FOR SHIPMENTS AND
PACKAGINGS
0
4. The authority citation for part 173 continues to read as follows:
Authority: 49 U.S.C. 5101-5128, 44701; 49 CFR 1.45, 1.53.
0
5. In Sec. 173.230, paragraph (a) is revised and new paragraph (d) is
added, to read as follows:
Sec. 173.230 Fuel cell cartridges containing flammable liquids.
(a) A fuel cell cartridge must be designed and constructed to
prevent the fuel it contains from leaking during normal conditions of
transportation and be free of electric charge generating components.
* * * * *
(d) Fuel cells intended for transportation in carry-on baggage on
board passenger aircraft must also meet the applicable provisions
prescribed in Sec. 175.10 of this subchapter.
[[Page 23367]]
PART 175--CARRIAGE BY AIRCRAFT
0
6. The authority citation for part 175 continues to read as follows:
Authority: 49 U.S.C. 5101-5128, 44701; 49 CFR 1.45, 1.53.
0
7. In Sec. 175.10, new paragraph (a)(18) is added to read as follows:
Sec. 175.10 Exceptions for passengers, crew members, and air
operators.
(a) * * *
(18) Portable electronic devices (for example, cameras, cellular
phones, laptop computers, and camcorders) powered by fuel cell systems,
and not more than two spare fuel cell cartridges per passenger or crew
member, when transported in carry-on baggage by aircraft under the
following conditions:
(i) Fuel cell cartridges may contain only Class 3 flammable liquids
(including methanol), Class 8 formic acid, Class 8 borohydride
materials, or Division 2.1 butane;
(ii) The maximum quantity of fuel in any fuel cell cartridge may
not exceed:
(A) 200 mL (6.76 ounces) for liquids,
(B) 120 mL (4 fluid ounces) for liquefied gases in non-metallic
fuel cell cartridges, or 200 mL for liquefied gases in metal fuel cell
cartridges;
(C) 200 g (7 ounces) for solids;
(iii) No more than two spare fuel cell cartridges may be carried by
a passenger;
(iv) Fuel cell systems containing fuel and fuel cell cartridges
including spare cartridges are permitted in carry-on baggage only;
(v) Fuel cell cartridges may not be refillable by the user.
Refueling of fuel cell systems is not permitted except that the
installation of a spare cartridge is allowed. Fuel cell cartridges that
are used to refill fuel cell systems but that are not designed or
intended to remain installed (fuel cell refills) in a portable
electronic device are not permitted;
(vi) Fuel cell systems and fuel cell cartridges must conform to
IEC/PAS 62282-6-1 (IBR; see Sec. 171.7 of this subchapter);
(vii) Interaction between fuel cells and integrated batteries in a
device must conform to IEC/PAS 62282-6-1. Fuel cell systems for which
the sole function is to charge a battery in the device are not
permitted;
(viii) Fuel cell systems must be of a type that will not charge
batteries when the portable electronic device is not in use; and
(ix) Each fuel cell cartridge and system that conforms to the
requirements in this paragraph (a)(18) must be durably marked by the
manufacturer with the wording: ``APPROVED FOR CARRIAGE IN AIRCRAFT
CABIN ONLY'' to certify that the fuel cell cartridge or system meets
the specifications in IEC/PAS 62282-6-1 and all other applicable
requirements of this subchapter.
* * * * *
Issued in Washington, DC, on April 22, 2008, under the authority
delegated in 49 CFR part 1.
Carl T. Johnson,
Administrator.
[FR Doc. E8-9203 Filed 4-29-08; 8:45 am]
BILLING CODE 4910-60-P
