Notice of Approval: Lithium Battery Shipping Descriptions, 42952-42955 [E9-20343]
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42952
Federal Register / Vol. 74, No. 163 / Tuesday, August 25, 2009 / Notices
The text of the 60-day notice of the
proposed extension of this ICB,
published on May 28, 2009 (74 FR
25607), failed to cite the Motor Carrier
Act of 1935, upon which this ICR is
primarily based. Today’s authority for
this driver training activity is cited
correctly and as it should have been
cited in that notice. There has been no
change in the statutory authority for this
training since publication of the 60-day
notice. For a more details of the
Agency’s analysis, see the section titled,
‘‘Legal Basis for the Rulemaking,’’ on
the first page of the Notice of Proposed
Rulemaking titled, ‘‘Minimum Training
Requirements for Entry-Level CMV
Operators’’ (72 FR 73226, December 26,
2007).
On May 21, 2004, by final rule,
FMCSA mandated training for all
interstate CDL operators in four subject
areas, effective July 20, 2004 (69 FR
29384). In 2005, the final rule was
challenged in the U.S. Court of Appeals
for the D.C. Circuit. While the court
ordered a remand so the Agency could
review the matter, the court did not
vacate the rule. Consequently, the 2004
final rule is currently in effect
(Advocates for Highway and Auto
Safety v. Federal Motor Carrier Safety
Administration, 429 F. 3d 1136 (D.C.Cir.
2005).
Public Comments Invited: You are
asked to comment on any aspect of this
information collection request,
including: (1) Whether the proposed
collection is necessary for the FMCSA’s
performance of functions; (2) the
accuracy of the estimated burden; (3)
ways for the FMCSA to enhance the
quality, usefulness, and clarity of the
collected information; and (4) ways that
the burden could be minimized without
reducing the quality of the collected
information.
Issued on: August 18, 2009.
David Anewalt,
Acting Associate Administrator for Research
and Information Technology.
[FR Doc. E9–20391 Filed 8–24–09; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials
Safety Administration
[Docket No. PHMSA–2009–0253; Notice No.
09–4]
Notice of Approval: Lithium Battery
Shipping Descriptions
Pipeline and Hazardous
Materials Safety Administration
(PHMSA).
ACTION: Notice of approval.
AGENCY:
SUMMARY: PHMSA is authorizing
persons who offer lithium metal and
lithium ion cells and batteries for
transportation in commerce, and
persons who transport lithium metal
and lithium ion cells and batteries in
commerce, to describe those articles in
the same manner as recently adopted in
international regulations. PHMSA will
consider adopting these alternate
shipping descriptions into the
Hazardous Materials Regulations at a
future date.
DATES: Effective Date: This notice of
approval is effective August 25, 2009.
FOR FURTHER INFORMATION CONTACT:
Donald Burger, Office of Hazardous
Materials Special Permits and
Approvals, Pipeline and Hazardous
Materials Safety Administration, U.S.
Department of Transportation, East
Building, 1200 New Jersey Avenue, SE.,
Washington, DC 20590–0001, telephone
(202) 366–4535.
SUPPLEMENTARY INFORMATION:
I. Background
The § 172.101 Hazardous Materials
Table (HMT) in the Hazardous Material
Regulations (HMR; 49 CFR Parts 171–
180) contains the following entries for
lithium batteries, which apply to both
lithium metal (primary; nonrechargeable) and lithium ion
(secondary; rechargeable) batteries:
pwalker on DSK8KYBLC1PROD with NOTICES
Lithium battery .............................................................................................................................
Lithium batteries contained in equipment ....................................................................................
Lithium batteries packed with equipment ....................................................................................
In 2006, the United Nations
Committee of Experts on the Transport
of Dangerous Goods adopted separate
entries for lithium metal and lithium
ion batteries (see chart below) into the
dangerous goods list in the Fifteenth
revised edition of the UN
Recommendations on the Transport of
Dangerous Goods, in order to
distinguish lithium metal from lithium
ion batteries. The International Civil
Aviation Organization (ICAO) and the
International Maritime Organization
subsequently adopted these entries into
their respective dangerous goods lists.
We did not adopt these new shipping
descriptions for lithium batteries in a
final rule published January 14, 2009
under Dockets HM–224D and HM–215J
(74 FR 2200) harmonizing the HMR
with recent changes to international
regulations because we had not
proposed these changes in the notice of
proposed rulemaking (NPRM) (73 FR
44803; July 31, 2008). In response to
comments to the NPRM that urged
VerDate Nov<24>2008
22:52 Aug 24, 2009
Jkt 217001
PHMSA to adopt the separate entries for
lithium metal and lithium ion batteries,
we noted that the HMR permit
compliance with the ICAO Technical
Instructions for the Safe Transport of
Dangerous Goods by Air (Technical
Instructions). Thus, the separate
shipping descriptions for lithium metal
and lithium ion batteries may be used
for air transportation, both domestically
and internationally, and for
transportation by motor vehicle and rail
immediately before or after being
transported by aircraft. [74 FR 2207] We
also stated we planned to complete an
assessment of the costs and benefits of
further restrictions and available
alternatives before developing
additional lithium battery rulemaking
proposals and therefore, PHMSA did
not adopt changes to the lithium battery
requirements including the separate
shipping descriptions. [74 FR 2207]
Since that time, we have concluded
that assigning the same shipping
descriptions to both lithium metal and
PO 00000
Frm 00111
Fmt 4703
Sfmt 4703
9
9
9
UN3090
UN3091
UN3091
PG II
PG II
PG II
lithium ion batteries, which are
regulated differently based on
differences in chemistry, functionality,
and behavior when exposed to a fire,
causes significant problems in
acceptance procedures for carriers and
may unnecessarily hinder or delay the
transportation of these products. While
the HMR permit the use of the ICAO
Technical Instructions as well as the
International Maritime Dangerous
Goods Code (IMDG Code) for domestic
transportation when a portion of the
transportation is by aircraft or vessel,
subsequent domestic transportation of
packages containing lithium batteries
remains difficult.
PHMSA is currently working on a
rulemaking intended to enhance the safe
transportation of lithium batteries. As
part of this rulemaking, we are
considering adoption of the
international shipping descriptions for
lithium metal and lithium ion batteries.
To facilitate commerce, however,
PHMSA believes shippers should be
E:\FR\FM\25AUN1.SGM
25AUN1
Federal Register / Vol. 74, No. 163 / Tuesday, August 25, 2009 / Notices
Administrator for Hazardous Materials
Safety. In accordance with
§ 172.101(l)(2), PHMSA is authorizing
use of the lithium battery shipping
descriptions (i.e., the lithium battery
hazardous materials descriptions and
UN identification numbers) that have
been adopted into dangerous goods lists
in the international regulations as
alternatives to the lithium battery
permitted to use the international
lithium battery shipping descriptions
for the domestic transportation of
lithium batteries even though the
shipping descriptions have not been
adopted into the HMR.
Section 172.101(l)(2) of the HMR
permits alterations to the shipping
descriptions in the HMT with prior
written approval of the Associate
HMR Shipping Description
UN3090
Lithium batteries contained in equipment .............................
UN3091
Lithium batteries packed with equipment .............................
UN3091
Lithium ion batteries including lithium ion polymer batteries
Lithium metal batteries including lithium alloy batteries ......
Lithium ion batteries contained in equipment including lithium ion polymer batteries.
Lithium metal batteries, contained in equipment including
lithium alloy batteries.
Lithium ion batteries packed with equipment including lithium ion polymer batteries.
Lithium metal batteries packed with equipment including
lithium alloy batteries.
Regulatory Authority
Authority is granted under 49 CFR
172.101(l)(2) to persons who offer
lithium metal and lithium ion cells and
batteries for transportation in
commerce, and persons who transport
lithium metal and lithium ion cells and
batteries in commerce, to use the
following hazardous materials
descriptions and UN identification
numbers as alternatives to the
hazardous materials descriptions and
UN identification numbers set forth in
the 49 CFR 172.101 Hazardous Materials
Table, as applicable:
Lithium ion batteries contained
in equipment including lithium ion polymer batteries .......
Lithium ion batteries including
lithium ion polymer batteries
Lithium ion batteries packed
with equipment including lithium ion polymer batteries .......
pwalker on DSK8KYBLC1PROD with NOTICES
VerDate Nov<24>2008
22:52 Aug 24, 2009
Jkt 217001
PO 00000
hazardous materials descriptions and
UN identification numbers currently
authorized in the HMT, effective as of
the date of publication of this notice in
the Federal Register. For clarity, the
following chart provides a comparative
list of the current shipping descriptions
in the HMT and the corresponding
international shipping descriptions that
may be used.
International Shipping Description
Lithium battery ......................................................................
II. Approval
42953
Frm 00112
Fmt 4703
Sfmt 4703
UN3481
UN3480
UN3481
Lithium metal batteries contained in equipment including
lithium alloy batteries .............
Lithium metal batteries including lithium alloy batteries .......
Lithium metal batteries packed
with equipment including lithium alloy batteries ...................
UN3480
UN3090
UN3481
UN3091
UN3481
UN3091
UN3091
UN3090
UN3091
For the convenience of the user of this
approval, the complete entries with the
authorized alternative hazardous
materials descriptions and UN
identification numbers are as follows:
E:\FR\FM\25AUN1.SGM
25AUN1
VerDate Nov<24>2008
(1)
Symbols
22:52 Aug 24, 2009
Jkt 217001
PO 00000
UN3091
UN3090
9 ............
9 ............
UN3091
UN3481
9 ............
9 ............
UN3480
9 ............
Lithium metal batteries packed
with equipment including lithium
alloy batteries.
UN3481
9 ............
Lithium ion batteries contained in
equipment including lithium ion
polymer batteries.
Lithium ion batteries including lithium ion polymer batteries.
Lithium ion batteries packed with
equipment including lithium ion
polymer batteries.
Lithium metal batteries contained
in equipment including lithium
alloy batteries.
Lithium metal batteries including
lithium alloy batteries.
(4)
Identification Nos.
(3)
Hazard
class or
division
(2)
Hazardous materials descriptions
and proper shipping names
pwalker on DSK8KYBLC1PROD with NOTICES
II ............
II ............
II ............
II ............
II ............
II ............
(5)
PG
9 ............
9 ............
9 ............
9 ............
9 ............
9 ............
(6)
Label
codes
§ 172.101
29, 188, 189, 190, A54, A55,
A101, A103.
29, 188, 189,190, A54, A55, A100
29, 188, 189, 190, A54, A55,
A101, A104.
29, 188, 189, 190, A54, A55,
A103.
29, 188, 189,190, A54, A55, A100
29, 188, 189, 190, A54, A55,
A104.
(7)
Special provisions (§ 172.102)
185 ........
185 ........
185 ........
185 ........
185 ........
185 ........
(8A)
185 ........
185 ........
185 ........
185 ........
185 ........
185 ........
(8B)
Non-bulk
None .....
None .....
None .....
None .....
None .....
None .....
(8C)
Bulk
Packaging (§ 173.***)
Exceptions
HAZARDOUS MATERIAL TABLE
Forbidden.
See
A100.
See
A101.
See
A101.
See
A100.
See
A103.
See
A104.
(9A)
Passenger
aircraft/
rail
35 kg
gross.
35 kg
gross.
35 kg .....
35 kg
gross.
35 kg
gross.
35 kg .....
(9B)
Cargo
aircraft
only
Quantity limitations
A.
A.
A.
A.
A.
A.
(10A)
Location
(10B)
Other
Vessel stowage
42954
Federal Register / Vol. 74, No. 163 / Tuesday, August 25, 2009 / Notices
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Fmt 4703
Sfmt 4703
E:\FR\FM\25AUN1.SGM
25AUN1
Federal Register / Vol. 74, No. 163 / Tuesday, August 25, 2009 / Notices
Conditions for Approval
This notice of approval does not
provide relief from any other
requirements of the Hazardous Materials
Regulations (49 CFR Parts 171–180)
except as stated herein. Lithium metal
batteries continue to be prohibited
onboard passenger-carrying aircraft
except as provided in Special Provision
A101 of § 172.101(c)(2). This approval is
effective August 25, 2009 until
terminated by the Associate
Administrator for Hazardous Materials
Safety.
Modes of Transportation Authorized
Motor vehicle, passenger and cargo
aircraft, cargo vessel, and rail.
General Provisions
Failure by any person using this
approval to comply with the terms and
conditions of this approval or the HMR
may result in suspension or termination
of the authority to use this approval.
Failure to comply may also subject
persons to penalties prescribed in 49
U.S.C. 5123 and 5124.
Issued in Washington, DC, on August 18,
2009.
Robert Richard,
Acting Associate Administrator for
Hazardous Materials Safety.
[FR Doc. E9–20343 Filed 8–24–09; 8:45 am]
BILLING CODE 4910–60–P
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
Petition for Waiver of Compliance
pwalker on DSK8KYBLC1PROD with NOTICES
In accordance with part 211 of Title
49 Code of Federal Regulations (CFR),
notice is hereby given that the Federal
Railroad Administration (FRA) has
received a request for a waiver of
compliance from certain requirements
of its safety standards. The individual
petition is described below, including
the party seeking relief, the regulatory
provisions involved, the nature of the
relief being requested, and the
petitioner’s arguments in favor of relief.
SMS Rail Service (Waiver Petition
Docket Number FRA–2009–0068)
The SMS Rail Service (SLRS) seeks a
waiver from compliance of certain
provisions of the Federal hours of
service law (49 U.S.C. Chapter 211;
HSL). Specifically, SLRS requests relief
from 49 U.S.C. § 21103(a)(4) which
states that a train employee may not be
required or allowed to remain or go on
duty after that employee has initiated an
on-duty period each day for 6
consecutive days, unless that employee
VerDate Nov<24>2008
22:52 Aug 24, 2009
Jkt 217001
has had at least 48 hours off duty at the
employee’s home terminal.
SLRS is not unionized and is not
subject to any collective bargaining
agreements. In current operations, SLRS
train employees voluntarily work 6 days
per week. Under the provisions of
U.S.C. § 21103(a)(4), these employees
would be prohibited from returning to
duty without 48 hours off duty
following the volunteer day. The entire
SLRS petition may be viewed at
https://www.regulations.gov under the
docket number listed above.
The HSL, at 49 U.S.C. 21108(a),
contemplates that any request for a
waiver from its requirements will be a
joint waiver involving the relevant
railroad carrier(s) and nonprofit
employee labor organization(s)
representing the class or craft of directly
affected covered service employees.
Because SLRS’s covered service
employees are not represented by any
employee labor organization, SLRS’s
waiver request is made solely by the
carrier. FRA recognizes that the intent of
49 U.S.C. 21108(a) is to ensure that
covered service employees are provided
meaningful input into any potential
waiver of the HSL that would affect
their work schedules. Accordingly,
before considering the requested relief,
FRA is requiring that within 30 days of
the publication date of this notice, SLRS
submit evidence to the docket
demonstrating that it has sought
employee input into the waiver request,
what that employee input was, and that
it has provided each covered employee
affected by the request with a copy of
the waiver petition, along with
information on how to submit
comments to FRA on the request. FRA
will consider this additional
information, along with all other
relevant factors, in determining whether
granting the requested relief would be in
the public interest and consistent with
railroad safety.
Interested parties are invited to
participate in these proceedings by
submitting written views, data, or
comments. FRA does not anticipate
scheduling a public hearing in
connection with these proceedings since
the facts do not appear to warrant a
hearing. If any interested party desires
an opportunity for oral comment, they
should notify FRA, in writing, before
the end of the comment period and
specify the basis for their request.
All communications concerning these
proceedings should identify the
appropriate docket number (e.g., Waiver
Petition Docket Number FRA–2009–
0068) and may be submitted by any of
the following methods:
PO 00000
Frm 00114
Fmt 4703
Sfmt 4703
42955
• Web site: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
• Fax: 202–493–2251.
• Mail: Docket Operations Facility,
U.S. Department of Transportation, 1200
New Jersey Avenue, SE., W12–140,
Washington, DC 20590.
• Hand Delivery: 1200 New Jersey
Avenue, SE., Room W12–140,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
Communications received within 45
days of the date of this notice will be
considered by FRA before final action is
taken. Comments received after that
date will be considered as far as
practicable. All written communications
concerning these proceedings are
available for examination during regular
business hours (9 a.m.–5 p.m.) at the
above facility. All documents in the
public docket are also available for
inspection and copying on the Internet
at the docket facility’s Web site at
https://www.regulations.gov.
Anyone is able to search the
electronic form of any written
communications and comments
received into any of our dockets by the
name of the individual submitting the
comment (or signing the comment, if
submitted on behalf of an association,
business, labor union, etc.). You may
review DOT’s complete Privacy Act
Statement in the Federal Register
published on April 11, 2000 (Volume
65, Number 70; Pages 19477–78).
Issued in Washington, DC on August 18,
2009.
John Leeds,
Director, Office of Safety Analysis.
[FR Doc. E9–20428 Filed 8–24–09; 8:45 am]
BILLING CODE 4910–06–P
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
Petition for Waiver of Compliance
In accordance with Part 211 of Title
49 Code of Federal Regulations (CFR),
notice is hereby given that the Federal
Railroad Administration (FRA) has
received a request for a waiver of
compliance from certain requirements
of its safety standards. The individual
petition is described below, including
the party seeking relief, the regulatory
provisions involved, the nature of the
relief being requested, and the
petitioner’s arguments in favor of relief.
E:\FR\FM\25AUN1.SGM
25AUN1
]]>Agencies
[Federal Register Volume 74, Number 163 (Tuesday, August 25, 2009)]
[Notices]
[Pages 42952-42955]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-20343]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
[Docket No. PHMSA-2009-0253; Notice No. 09-4]
Notice of Approval: Lithium Battery Shipping Descriptions
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA).
ACTION: Notice of approval.
-----------------------------------------------------------------------
SUMMARY: PHMSA is authorizing persons who offer lithium metal and
lithium ion cells and batteries for transportation in commerce, and
persons who transport lithium metal and lithium ion cells and batteries
in commerce, to describe those articles in the same manner as recently
adopted in international regulations. PHMSA will consider adopting
these alternate shipping descriptions into the Hazardous Materials
Regulations at a future date.
DATES: Effective Date: This notice of approval is effective August 25,
2009.
FOR FURTHER INFORMATION CONTACT: Donald Burger, Office of Hazardous
Materials Special Permits and Approvals, Pipeline and Hazardous
Materials Safety Administration, U.S. Department of Transportation,
East Building, 1200 New Jersey Avenue, SE., Washington, DC 20590-0001,
telephone (202) 366-4535.
SUPPLEMENTARY INFORMATION:
I. Background
The Sec. 172.101 Hazardous Materials Table (HMT) in the Hazardous
Material Regulations (HMR; 49 CFR Parts 171-180) contains the following
entries for lithium batteries, which apply to both lithium metal
(primary; non-rechargeable) and lithium ion (secondary; rechargeable)
batteries:
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
Lithium battery................................................. 9 UN3090 PG II
Lithium batteries contained in equipment........................ 9 UN3091 PG II
Lithium batteries packed with equipment......................... 9 UN3091 PG II
----------------------------------------------------------------------------------------------------------------
In 2006, the United Nations Committee of Experts on the Transport
of Dangerous Goods adopted separate entries for lithium metal and
lithium ion batteries (see chart below) into the dangerous goods list
in the Fifteenth revised edition of the UN Recommendations on the
Transport of Dangerous Goods, in order to distinguish lithium metal
from lithium ion batteries. The International Civil Aviation
Organization (ICAO) and the International Maritime Organization
subsequently adopted these entries into their respective dangerous
goods lists.
We did not adopt these new shipping descriptions for lithium
batteries in a final rule published January 14, 2009 under Dockets HM-
224D and HM-215J (74 FR 2200) harmonizing the HMR with recent changes
to international regulations because we had not proposed these changes
in the notice of proposed rulemaking (NPRM) (73 FR 44803; July 31,
2008). In response to comments to the NPRM that urged PHMSA to adopt
the separate entries for lithium metal and lithium ion batteries, we
noted that the HMR permit compliance with the ICAO Technical
Instructions for the Safe Transport of Dangerous Goods by Air
(Technical Instructions). Thus, the separate shipping descriptions for
lithium metal and lithium ion batteries may be used for air
transportation, both domestically and internationally, and for
transportation by motor vehicle and rail immediately before or after
being transported by aircraft. [74 FR 2207] We also stated we planned
to complete an assessment of the costs and benefits of further
restrictions and available alternatives before developing additional
lithium battery rulemaking proposals and therefore, PHMSA did not adopt
changes to the lithium battery requirements including the separate
shipping descriptions. [74 FR 2207]
Since that time, we have concluded that assigning the same shipping
descriptions to both lithium metal and lithium ion batteries, which are
regulated differently based on differences in chemistry, functionality,
and behavior when exposed to a fire, causes significant problems in
acceptance procedures for carriers and may unnecessarily hinder or
delay the transportation of these products. While the HMR permit the
use of the ICAO Technical Instructions as well as the International
Maritime Dangerous Goods Code (IMDG Code) for domestic transportation
when a portion of the transportation is by aircraft or vessel,
subsequent domestic transportation of packages containing lithium
batteries remains difficult.
PHMSA is currently working on a rulemaking intended to enhance the
safe transportation of lithium batteries. As part of this rulemaking,
we are considering adoption of the international shipping descriptions
for lithium metal and lithium ion batteries. To facilitate commerce,
however, PHMSA believes shippers should be
[[Page 42953]]
permitted to use the international lithium battery shipping
descriptions for the domestic transportation of lithium batteries even
though the shipping descriptions have not been adopted into the HMR.
Section 172.101(l)(2) of the HMR permits alterations to the
shipping descriptions in the HMT with prior written approval of the
Associate Administrator for Hazardous Materials Safety. In accordance
with Sec. 172.101(l)(2), PHMSA is authorizing use of the lithium
battery shipping descriptions (i.e., the lithium battery hazardous
materials descriptions and UN identification numbers) that have been
adopted into dangerous goods lists in the international regulations as
alternatives to the lithium battery hazardous materials descriptions
and UN identification numbers currently authorized in the HMT,
effective as of the date of publication of this notice in the Federal
Register. For clarity, the following chart provides a comparative list
of the current shipping descriptions in the HMT and the corresponding
international shipping descriptions that may be used.
------------------------------------------------------------------------
------------------------------------------------------------------------
HMR Shipping Description International Shipping
Description
------------------------------------------------------------------------
Lithium battery............... UN3090 Lithium ion UN3480
batteries
including
lithium ion
polymer
batteries.
.......... Lithium metal UN3090
batteries
including
lithium alloy
batteries.
Lithium batteries contained in UN3091 Lithium ion UN3481
equipment. batteries
contained in
equipment
including
lithium ion
polymer
batteries.
.......... Lithium metal UN3091
batteries,
contained in
equipment
including
lithium alloy
batteries.
Lithium batteries packed with UN3091 Lithium ion UN3481
equipment. batteries packed
with equipment
including
lithium ion
polymer
batteries.
.......... Lithium metal UN3091
batteries packed
with equipment
including
lithium alloy
batteries.
------------------------------------------------------------------------
II. Approval
Regulatory Authority
Authority is granted under 49 CFR 172.101(l)(2) to persons who
offer lithium metal and lithium ion cells and batteries for
transportation in commerce, and persons who transport lithium metal and
lithium ion cells and batteries in commerce, to use the following
hazardous materials descriptions and UN identification numbers as
alternatives to the hazardous materials descriptions and UN
identification numbers set forth in the 49 CFR 172.101 Hazardous
Materials Table, as applicable:
Lithium ion batteries contained in equipment including UN3481
lithium ion polymer batteries...............................
Lithium ion batteries including lithium ion polymer batteries UN3480
Lithium ion batteries packed with equipment including lithium UN3481
ion polymer batteries.......................................
Lithium metal batteries contained in equipment including UN3091
lithium alloy batteries.....................................
Lithium metal batteries including lithium alloy batteries.... UN3090
Lithium metal batteries packed with equipment including UN3091
lithium alloy batteries.....................................
For the convenience of the user of this approval, the complete entries
with the authorized alternative hazardous materials descriptions and UN
identification numbers are as follows:
[[Page 42954]]
Sec. 172.101 Hazardous Material Table
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Hazardous Packaging (Sec. 173.***) Quantity limitations Vessel stowage
materials Hazard Special ----------------------------------------------------------------------------------------
Symbols descriptions and class or Identification PG Label codes provisions (Sec. Passenger Cargo
proper shipping division Nos. 172.102) Exceptions Non-bulk Bulk aircraft/ aircraft Location Other
names rail only
(1) (2)............. (3)........ (4)............ (5)........ (6)........ (7)............. (8A)....... (8B)....... (8C)....... (9A)....... (9B)....... (10A) (10B)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Lithium ion 9.......... UN3481......... II......... 9.......... 29, 188, 189, 185........ 185........ None....... See A104... 35 kg...... A. ..........
batteries 190, A54, A55,
contained in A104.
equipment
including
lithium ion
polymer
batteries.
Lithium ion 9.......... UN3480......... II......... 9.......... 29, 188, 185........ 185........ None....... See A100... 35 kg gross A. ..........
batteries 189,190, A54,
including A55, A100.
lithium ion
polymer
batteries.
Lithium ion 9.......... UN3481......... II......... 9.......... 29, 188, 189, 185........ 185........ None....... See A103... 35 kg gross A. ..........
batteries 190, A54, A55,
packed with A103.
equipment
including
lithium ion
polymer
batteries.
Lithium metal 9.......... UN3091......... II......... 9.......... 29, 188, 189, 185........ 185........ None....... See A101... 35 kg...... A. ..........
batteries 190, A54, A55,
contained in A101, A104.
equipment
including
lithium alloy
batteries.
Lithium metal 9.......... UN3090......... II......... 9.......... 29, 188, 185........ 185........ None....... Forbidden. 35 kg gross A. ..........
batteries 189,190, A54, See A100.
including A55, A100.
lithium alloy
batteries.
Lithium metal 9.......... UN3091......... II......... 9.......... 29, 188, 189, 185........ 185........ None....... See A101... 35 kg gross A. ..........
batteries 190, A54, A55,
packed with A101, A103.
equipment
including
lithium alloy
batteries.
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[[Page 42955]]
Conditions for Approval
This notice of approval does not provide relief from any other
requirements of the Hazardous Materials Regulations (49 CFR Parts 171-
180) except as stated herein. Lithium metal batteries continue to be
prohibited onboard passenger-carrying aircraft except as provided in
Special Provision A101 of Sec. 172.101(c)(2). This approval is
effective August 25, 2009 until terminated by the Associate
Administrator for Hazardous Materials Safety.
Modes of Transportation Authorized
Motor vehicle, passenger and cargo aircraft, cargo vessel, and
rail.
General Provisions
Failure by any person using this approval to comply with the terms
and conditions of this approval or the HMR may result in suspension or
termination of the authority to use this approval. Failure to comply
may also subject persons to penalties prescribed in 49 U.S.C. 5123 and
5124.
Issued in Washington, DC, on August 18, 2009.
Robert Richard,
Acting Associate Administrator for Hazardous Materials Safety.
[FR Doc. E9-20343 Filed 8-24-09; 8:45 am]
BILLING CODE 4910-60-P
