Advisory Guidance; Transportation of Batteries and Battery-Powered Devices, 51643-51645 [E9-24184]

Download as PDF Federal Register / Vol. 74, No. 193 / Wednesday, October 7, 2009 / Notices designates the proposed rule change to be operative upon filing with the Commission.13 At any time within 60 days of the filing of such proposed rule change the Commission may summarily abrogate such rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors or otherwise in furtherance of the purposes of the Act. office of the Exchange. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR–NYSE– 2009–101 and should be submitted on or before October 28, 2009. IV. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods: For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.14 Florence E. Harmon, Deputy Secretary. [FR Doc. E9–24081 Filed 10–6–09; 8:45 am] BILLING CODE 8011–01–P Electronic Comments • Use the Commission’s Internet comment form (https://www.sec.gov/ rules/sro.shtml); or • Send an e-mail to rulecomments@sec.gov. Please include File Number SR–NYSE–2009–101 on the subject line. erowe on DSK5CLS3C1PROD with NOTICES Paper Comments • Send paper comments in triplicate to Elizabeth M. Murphy, Secretary, Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549–1090. All submissions should refer to File Number SR–NYSE–2009–101. This file number should be included on the subject line if e-mail is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission’s Internet Web site (https://www.sec.gov/ rules/sro.shtml). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for inspection and copying in the Commission’s Public Reference Room on official business days between the hours of 10 a.m. and 3 p.m. Copies of such filing also will be available for inspection and copying at the principal 13 For the purposes only of waiving the 30-day operative delay, the Commission has considered the proposed rule’s impact on efficiency, competition, and capital formation. See 15 U.S.C. 78c(f). VerDate Nov<24>2008 15:25 Oct 06, 2009 Jkt 220001 DEPARTMENT OF TRANSPORTATION Pipeline and Hazardous Materials Safety Administration [Docket No. PHMSA–2009–0310; Notice No. 09–05] Advisory Guidance; Transportation of Batteries and Battery-Powered Devices AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA), DOT. ACTION: Safety advisory. SUMMARY: The Pipeline and Hazardous Materials Safety Administration (PHMSA) and the Federal Aviation Administration (FAA) are alerting shippers and carriers to the importance of transporting lithium batteries safely. PHMSA and FAA are concerned that many persons who ship lithium batteries do not recognize the hazards posed by these batteries during transportation. We are issuing this advisory guidance to (1) Inform persons of recent aviation incidents involving fires aboard both passenger and cargo aircraft and the potential hazards that shipments of lithium batteries may present while in transportation, (2) provide information concerning the current requirements for the transportation of lithium batteries and (3) inform persons of the actions we have taken to date and plan to take in the future to address the hazards of these batteries. SUPPLEMENTARY INFORMATION: I. Background Lithium batteries are considered hazardous materials in transportation because they present both chemical (e.g., flammable electrolytes) and electrical hazards. If not safely packaged 14 17 PO 00000 CFR 200.30–3(a)(12). Frm 00094 Fmt 4703 Sfmt 4703 51643 and handled when transported, lithium batteries can become dangerous. Defective batteries or batteries that are misused, mishandled, improperly packaged, improperly stored, improperly manufactured, or overcharged can overheat and ignite and, once ignited, fires can be especially difficult to extinguish. Overheating has the potential to create a thermal runaway, a chain reaction leading to self-heating and release of the battery’s stored energy. Fires in aircraft can result in catastrophic events presenting unique challenges not encountered in other transport modes. II. Recent Transportation Incidents Since 1991, we have identified over 40 air transport-related incidents involving lithium batteries and devices powered by lithium batteries. A list of these incidents can be found on the FAA Web site at: https://www.faa.gov/ about/office_org/headquarters_offices/ ash/ash_programs/hazmat/ aircarrier_info/media/ Battery_incident_chart.pdf. These incidents occurred aboard passenger aircraft and cargo aircraft, prior to loading batteries aboard an aircraft, and after batteries were transported by air. Many of the incidents were directly related to a lack of awareness of the required safety measures applicable to shipments of lithium batteries or because passengers failed to follow preventative measures to protect batteries from short circuit or damage. • On September 9, 2009 a passenger flight declared an emergency after a passenger attempted to hand the flight attendant a carrier-provided personal electronic device (PED). The PED was dropped and upon impact with the cabin floor the battery pack sparked and began smoking. Two flight attendants extinguished the fire with water. • On August 25, 2009 DOT received information related to a smoking and burning package that was discovered at a Medford, Massachusetts sorting facility. Upon inspection, the consignment was discovered to contain 30 individual batteries grouped together in six or seven battery packs. The package contained lithium batteries that were shipped as general cargo. There were no markings or labels on the outer package indicating the material was a hazardous material. • On August 15, 2009 a package containing lithium ion batteries was found smoldering, and emitting smoke in a unit load device (ULD) in an aircraft loading facility in Taipei, Taiwan. The ULD had been carried from the Island of Macau. Personnel in the Taiwan facility responded quickly to extinguish the E:\FR\FM\07OCN1.SGM 07OCN1 51644 Federal Register / Vol. 74, No. 193 / Wednesday, October 7, 2009 / Notices erowe on DSK5CLS3C1PROD with NOTICES smoldering fire before any open flames were seen. The packages were unmarked and the contents were noted on the invoice as ‘‘electrical adapters.’’ • On August 14, 2009 after landing the aircraft, the flight crew received a warning indicating smoke in the forward cargo compartment. Initial indications are that a fire originated with a shipment of approximately 1,000 e-cigarettes, each containing a lithium metal battery. There were no markings or labels indicating the materials posed a specific hazard or contained lithium batteries. • On July 15, 2009 one of several related packages transported from Romulus, Michigan was discovered emitting smoke and smoldering upon arrival in Santo Domingo, Dominican Republic. Upon inspection, the package was found to contain numerous loose lithium-ion cell phone batteries haphazardly packed with no apparent measures to protect against shortcircuits or overheating. Package documentation indicated, ‘‘used batteries—non haz.’’ III. Current Regulatory Requirements The Hazardous Materials Regulations (HMR; 49 CFR parts 171–180) include requirements for packaging, hazard communication and handling lithium batteries. For transportation by all modes, lithium batteries of all types and sizes must pass a series of tests outlined in the UN Manual of Tests and Criteria. These tests are designed to ensure the battery can withstand the conditions typically encountered in transportation. In addition, all batteries must be packaged to prevent short circuits, including movement that could lead to short circuits and damage to the batteries (See § 172.102(c) SP 188, 189 and § 173.185). The HMR also impose additional restrictions on the transport of lithium batteries in the air mode, including a limited prohibition on the transport of lithium metal batteries as cargo on board passenger aircraft (See § 172.102(c) SP A100). Additionally, damaged, defective or recalled lithium batteries (including those being returned to the manufacturer as part of a safety recall) should not be transported aboard aircraft. Recommended practices for preparing recalled batteries for ground transportation are set forth in ‘‘DOT Guidance for the Safe Transportation of Recalled Lithium Batteries,’’ available for download at https:// safetravel.dot.gov/downloads.html. While certain small lithium batteries and cells are afforded exceptions from some regulatory requirements, the cells and batteries must be separated or packaged in a manner to prevent short VerDate Nov<24>2008 15:25 Oct 06, 2009 Jkt 220001 circuits (See § 172.102(c) SP 188 and 189). When a package contains multiple lithium cells or batteries, the package must be: • Marked to indicate that it contains lithium batteries and that special procedures should be followed in the event the package is damaged; • Accompanied by a document indicating that the package contains lithium batteries and special procedures should be followed in the event that the package is damaged; • Capable of withstanding a 1.2 meter drop test in any orientation without damage to cells or batteries contained in the package, without shifting of the contents that would allow short circuits and without release of package contents; and • Not more than 30 kg (66 pounds) gross mass. In addition all electrical devices that are likely to create sparks or generate a dangerous quantity of heat are forbidden for transportation unless packaged in a manner that precludes such an occurrence (See § 173.21). IV. Current and Future Efforts To enhance understanding and compliance with the HMR, we initiated several public outreach efforts designed to connect with both the travelling public and the larger shipping community. Since 2007 we have published numerous safety advisories, created the SafeTravel Web site dedicated to providing information to the air travelling public on the safe transport of a variety of materials including lithium batteries and partnered with airlines, battery manufacturers and others to spread our safety message. Additionally, the PHMSA Hazardous Materials Safety Assistance Team initiated an outreach campaign. As part of this campaign, team members visited retailers and others involved in the production, distribution and sale of lithium batteries. During their visits, team members provided kits on how to provide information on the safe shipment of lithium batteries and encouraged those persons the team visited to include the SafeTravel link on their Web sites. In March 2009, DOT published ‘‘Shipping Batteries Safely by Air; What You Need to Know,’’ targeting infrequent shippers who may be unfamiliar with appropriate packing methods. This guide explains the regulations covering the classification, packaging and hazard communication requirements for the transportation of batteries shipped by aircraft in terms easy to understand. PO 00000 Frm 00095 Fmt 4703 Sfmt 4703 Despite these outreach efforts, aviation incidents involving lithium batteries continue to occur. For example, the July 15, 2009 incident involved a shipment containing several thousand lithium ion cell phone batteries loosely placed into fiberboard packages, with no protection from short circuits and no package markings indicating the presence of lithium batteries. One of the packages was discovered emitting smoke after landing at its destination. These and similar incidents are the cause of significant concern by PHMSA and FAA. Documents included with the shipment indicated the packages contained nonhazardous used batteries. Non-compliance with the transportation requirements for lithium batteries poses serious safety consequences. Therefore, we are again increasing our efforts to reduce this risk by stepping up our already aggressive enforcement of the safety standards and reenergizing our awareness and outreach efforts. Accordingly, we are publishing this safety advisory to further promote awareness of the ongoing safety concern and ensure that shippers and carriers are aware of the risks associated with the transportation of lithium batteries, the current regulatory requirements applicable to such transportation, and that regulatory violations will be prosecuted to the maximum extent permitted under the law. We are particularly concerned with undeclared shipments of lithium batteries and we will be focusing on discovering these shipments and those persons responsible for offering them in transportation. We encourage anyone with information on those engaged in this practice to bring them to our attention through our online complaints Web site at: https://www.phmsa.dot.gov/ phmsa-ext/feedback/hazmatComplaints RegsViolationsForm.jsp or by calling the Hazardous Materials Information Center at: 1–800–467–4922. Persons who violate the HMR may be subject to significant civil penalties and/ or criminal fines and imprisonment. In determining the amount of a civil penalty the following factors will be determined: (1) The nature, circumstances, extent, and gravity of the violation; (2) with respect to the violator, the degree of culpability, and history of prior violations, the ability to pay, and any effect on the ability to continue to do business; and (3) other matters that justice requires. Maximum civil penalties may be imposed of up to $50,000 per violation or $100,000 per violation if a death, serious illness, or severe injury occurs to a person or substantial destruction of property. E:\FR\FM\07OCN1.SGM 07OCN1 Federal Register / Vol. 74, No. 193 / Wednesday, October 7, 2009 / Notices erowe on DSK5CLS3C1PROD with NOTICES Potential criminal penalties include fines of up to $500,000 and/or ten years in jail. In a recent enforcement case, PHMSA assessed a total civil penalty of $360,000 for multiple violations of the HMR relating to the improper shipment of used batteries for recycling or disposal. To date, FAA has closed over 75 investigations concerning battery violations observed in air transport and has collected over $1,000,000 in civil penalties. More detailed information on the requirements in the HMR governing the shipment of batteries and additional guidance are available on DOT’s Hazmat Safety Web site: https:// www.phmsa.dot.gov/hazmat. The HMR are also accessible through our Web site, and answers to specific questions may be obtained from the Hazardous Materials Information Center at 1–800– 467–4922 (in Washington, DC, call 202– 366–4488). FOR FURTHER INFORMATION CONTACT: Mr. Salvador Deocampo, District Engineer, Federal Highway Administration, 300 E. 8th Street, Rm. 826, Austin, Texas 78701; telephone: (512) 536–5950; email: salvador.deocampo@fhwa.dot.gov. The FHWA Texas Division Office’s normal business hours are 7:45 a.m. to 4:15 p.m. You may also contact Ms. Dianna Noble, Texas Department of Transportation, 125 E. 11th Street, Austin, Texas 78701; telephone: (512) 416–2734. SUPPLEMENTARY INFORMATION: Notice is hereby given that the FHWA and other Federal agencies have taken final agency actions by issuing licenses, permits, and approvals for the following highway project in the State of Texas: US 281, beginning at Redland Road and heading north to north of Marshall Road in Bexar County in the State of Texas. The project will be approximately 3.1 miles long and will construct ‘‘Super Street’’ intersections (also known as restricted Issued in Washington, DC, on September 29, 2009. crossing U-turn (RCUT) intersections) at Theodore L. Willke, the intersections of US 281 and Encino Rio (modified RCUT), Evans Road, Associate Administrator for Hazardous Materials Safety. Stone Oak Parkway and Marshall Road. The ‘‘Super Street’’ intersection [FR Doc. E9–24184 Filed 10–6–09; 8:45 am] prohibits cross-street traffic from going BILLING CODE 4910–60–P straight through or turning left at the divided highway intersection. CrossDEPARTMENT OF TRANSPORTATION street traffic must turn right and then access a U-turn to proceed in the Federal Highway Administration desired direction. The actions by the Federal agencies, and the laws under Notice of Final Federal Agency Actions which such actions were taken, are on United States Highway 281 in Texas described in the Categorical Exclusion (CE) for the project, dated September AGENCY: Federal Highway 2009, and in other documents in the Administration (FHWA), DOT. FHWA project records. The CE and ACTION: Notice of Limitation on Claims for Judicial Review of Actions by FHWA other documents in the FHWA project records file are available by contacting and Other Federal Agencies. the FHWA or the Texas Department of SUMMARY: This notice announces actions Transportation at the addresses taken by the FHWA and other Federal provided above. This notice applies to agencies that are final within the all Federal agency decisions as of the meaning of 23 U.S.C. 139(l)(1). The issuance date of this notice and all laws actions relate to a proposed highway under which such actions were taken, project, United States Highway 281 (US including but not limited to: 281), beginning at Redland Road and 1. General: National Environmental heading north to north of Marshall Road Policy Act (NEPA) [42 U.S.C. 4321– in Bexar County in the State of Texas. 4351]; Federal-Aid Highway Act [23 Those actions grant licenses, permits, U.S.C. 109]. and approvals for the project. 2. Air: Clean Air Act, 42 U.S.C. 7401– 7671(q). DATES: By this notice, the FHWA is 3. Land: Section 4(f) of the advising the public of final agency Department of Transportation Act of actions subject to 23 U.S.C. 139(l)(1). A 1966 [49 U.S.C. 303]. claim seeking judicial review of the 4. Wildlife: Endangered Species Act Federal agency actions on the highway [16 U.S.C. 1531–1544 and Section project will be barred unless the claim is filed on or before April 5, 2010. If the 1536], Migratory Bird Treaty Act [16 U.S.C. 703–712]. Federal law that authorizes judicial 5. Historic and Cultural Resources: review of a claim provides a time period Section 106 of the National Historic of less than 180 days for filing such claim, then that shorter time period still Preservation Act of 1966, as amended [16 U.S.C. 470(f) et seq.]; Archeological applies. VerDate Nov<24>2008 15:25 Oct 06, 2009 Jkt 220001 PO 00000 Frm 00096 Fmt 4703 Sfmt 4703 51645 Resources Protection Act of 1977 [16 U.S.C. 470(aa)–11]; Archeological and Historic Preservation Act [16 U.S.C. 469–469(c)]. 6. Social and Economic: Civil Rights Act of 1964 [42 U.S.C. 2000(d)– 2000(d)(1)]; Farmland Protection Policy Act (FPPA) [7 U.S.C. 4201–4209]. 7. Wetlands and Water Resources: Clean Water Act, 33 U.S.C. 1251–1377 (Section 404, Section 401, Section 319). 8. Executive Orders: E.O. 11990 Protection of Wetlands; E.O. 11988 Floodplain Management; E.O. 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low Income Populations; E.O. 11593 Protection and Enhancement of Cultural Resources; E.O. 13175 Consultation and Coordination with Indian Tribal Governments; E.O. 11514 Protection and Enhancement of Environmental Quality; E.O. 13112 Invasive Species. (Catalog of Federal Domestic Assistance Program Number 20.205, Highway Planning and Construction. The regulations implementing Executive Order 12372 regarding intergovernmental consultation on Federal programs and activities apply to this program.) Authority: 23 U.S.C. 139(l)(1). Issued on: September 30, 2009. Salvador Deocampo, District Engineer, Austin, Texas. [FR Doc. E9–24154 Filed 10–6–09; 8:45 am] BILLING CODE 4910–RY–P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration Notice of Funding Availability and Solicitation of Applications for Grants Under the Railroad Rehabilitation and Repair Grant Program AGENCY: Federal Railroad Administration (FRA), Department of Transportation (DOT). ACTION: Notice of funding availability; solicitation of applications. SUMMARY: Under this Notice, the FRA encourages interested State departments of transportation to submit applications for grants to repair and rehabilitate Class II and Class III railroad infrastructure damaged by hurricanes, floods, and other natural disasters in areas for which the President declared a major disaster after January 1, 2008, under Title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1974. DATES: FRA will begin accepting grant applications 10 days after publication of this Notice of Funding Availability in E:\FR\FM\07OCN1.SGM 07OCN1

Agencies

[Federal Register Volume 74, Number 193 (Wednesday, October 7, 2009)]
[Notices]
[Pages 51643-51645]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-24184]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

[Docket No. PHMSA-2009-0310; Notice No. 09-05]


Advisory Guidance; Transportation of Batteries and Battery-
Powered Devices

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

ACTION: Safety advisory.

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

SUMMARY: The Pipeline and Hazardous Materials Safety Administration 
(PHMSA) and the Federal Aviation Administration (FAA) are alerting 
shippers and carriers to the importance of transporting lithium 
batteries safely. PHMSA and FAA are concerned that many persons who 
ship lithium batteries do not recognize the hazards posed by these 
batteries during transportation. We are issuing this advisory guidance 
to (1) Inform persons of recent aviation incidents involving fires 
aboard both passenger and cargo aircraft and the potential hazards that 
shipments of lithium batteries may present while in transportation, (2) 
provide information concerning the current requirements for the 
transportation of lithium batteries and (3) inform persons of the 
actions we have taken to date and plan to take in the future to address 
the hazards of these batteries.

SUPPLEMENTARY INFORMATION: 

I. Background

    Lithium batteries are considered hazardous materials in 
transportation because they present both chemical (e.g., flammable 
electrolytes) and electrical hazards. If not safely packaged and 
handled when transported, lithium batteries can become dangerous. 
Defective batteries or batteries that are misused, mishandled, 
improperly packaged, improperly stored, improperly manufactured, or 
overcharged can overheat and ignite and, once ignited, fires can be 
especially difficult to extinguish. Overheating has the potential to 
create a thermal runaway, a chain reaction leading to self-heating and 
release of the battery's stored energy. Fires in aircraft can result in 
catastrophic events presenting unique challenges not encountered in 
other transport modes.

II. Recent Transportation Incidents

    Since 1991, we have identified over 40 air transport-related 
incidents involving lithium batteries and devices powered by lithium 
batteries. A list of these incidents can be found on the FAA Web site 
at: https://www.faa.gov/about/office_org/headquarters_offices/ash/ash_programs/hazmat/aircarrier_info/media/Battery_incident_chart.pdf. These incidents occurred aboard passenger aircraft and cargo 
aircraft, prior to loading batteries aboard an aircraft, and after 
batteries were transported by air. Many of the incidents were directly 
related to a lack of awareness of the required safety measures 
applicable to shipments of lithium batteries or because passengers 
failed to follow preventative measures to protect batteries from short 
circuit or damage.
     On September 9, 2009 a passenger flight declared an 
emergency after a passenger attempted to hand the flight attendant a 
carrier-provided personal electronic device (PED). The PED was dropped 
and upon impact with the cabin floor the battery pack sparked and began 
smoking. Two flight attendants extinguished the fire with water.
     On August 25, 2009 DOT received information related to a 
smoking and burning package that was discovered at a Medford, 
Massachusetts sorting facility. Upon inspection, the consignment was 
discovered to contain 30 individual batteries grouped together in six 
or seven battery packs. The package contained lithium batteries that 
were shipped as general cargo. There were no markings or labels on the 
outer package indicating the material was a hazardous material.
     On August 15, 2009 a package containing lithium ion 
batteries was found smoldering, and emitting smoke in a unit load 
device (ULD) in an aircraft loading facility in Taipei, Taiwan. The ULD 
had been carried from the Island of Macau. Personnel in the Taiwan 
facility responded quickly to extinguish the

[[Page 51644]]

smoldering fire before any open flames were seen. The packages were 
unmarked and the contents were noted on the invoice as ``electrical 
adapters.''
     On August 14, 2009 after landing the aircraft, the flight 
crew received a warning indicating smoke in the forward cargo 
compartment. Initial indications are that a fire originated with a 
shipment of approximately 1,000 e-cigarettes, each containing a lithium 
metal battery. There were no markings or labels indicating the 
materials posed a specific hazard or contained lithium batteries.
     On July 15, 2009 one of several related packages 
transported from Romulus, Michigan was discovered emitting smoke and 
smoldering upon arrival in Santo Domingo, Dominican Republic. Upon 
inspection, the package was found to contain numerous loose lithium-ion 
cell phone batteries haphazardly packed with no apparent measures to 
protect against short-circuits or overheating. Package documentation 
indicated, ``used batteries--non haz.''

III. Current Regulatory Requirements

    The Hazardous Materials Regulations (HMR; 49 CFR parts 171-180) 
include requirements for packaging, hazard communication and handling 
lithium batteries. For transportation by all modes, lithium batteries 
of all types and sizes must pass a series of tests outlined in the UN 
Manual of Tests and Criteria. These tests are designed to ensure the 
battery can withstand the conditions typically encountered in 
transportation. In addition, all batteries must be packaged to prevent 
short circuits, including movement that could lead to short circuits 
and damage to the batteries (See Sec.  172.102(c) SP 188, 189 and Sec.  
173.185). The HMR also impose additional restrictions on the transport 
of lithium batteries in the air mode, including a limited prohibition 
on the transport of lithium metal batteries as cargo on board passenger 
aircraft (See Sec.  172.102(c) SP A100). Additionally, damaged, 
defective or recalled lithium batteries (including those being returned 
to the manufacturer as part of a safety recall) should not be 
transported aboard aircraft. Recommended practices for preparing 
recalled batteries for ground transportation are set forth in ``DOT 
Guidance for the Safe Transportation of Recalled Lithium Batteries,'' 
available for download at https://safetravel.dot.gov/downloads.html.
    While certain small lithium batteries and cells are afforded 
exceptions from some regulatory requirements, the cells and batteries 
must be separated or packaged in a manner to prevent short circuits 
(See Sec.  172.102(c) SP 188 and 189). When a package contains multiple 
lithium cells or batteries, the package must be:
     Marked to indicate that it contains lithium batteries and 
that special procedures should be followed in the event the package is 
damaged;
     Accompanied by a document indicating that the package 
contains lithium batteries and special procedures should be followed in 
the event that the package is damaged;
     Capable of withstanding a 1.2 meter drop test in any 
orientation without damage to cells or batteries contained in the 
package, without shifting of the contents that would allow short 
circuits and without release of package contents; and
     Not more than 30 kg (66 pounds) gross mass.

In addition all electrical devices that are likely to create sparks or 
generate a dangerous quantity of heat are forbidden for transportation 
unless packaged in a manner that precludes such an occurrence (See 
Sec.  173.21).

IV. Current and Future Efforts

    To enhance understanding and compliance with the HMR, we initiated 
several public outreach efforts designed to connect with both the 
travelling public and the larger shipping community. Since 2007 we have 
published numerous safety advisories, created the SafeTravel Web site 
dedicated to providing information to the air travelling public on the 
safe transport of a variety of materials including lithium batteries 
and partnered with airlines, battery manufacturers and others to spread 
our safety message. Additionally, the PHMSA Hazardous Materials Safety 
Assistance Team initiated an outreach campaign. As part of this 
campaign, team members visited retailers and others involved in the 
production, distribution and sale of lithium batteries. During their 
visits, team members provided kits on how to provide information on the 
safe shipment of lithium batteries and encouraged those persons the 
team visited to include the SafeTravel link on their Web sites. In 
March 2009, DOT published ``Shipping Batteries Safely by Air; What You 
Need to Know,'' targeting infrequent shippers who may be unfamiliar 
with appropriate packing methods. This guide explains the regulations 
covering the classification, packaging and hazard communication 
requirements for the transportation of batteries shipped by aircraft in 
terms easy to understand.
    Despite these outreach efforts, aviation incidents involving 
lithium batteries continue to occur. For example, the July 15, 2009 
incident involved a shipment containing several thousand lithium ion 
cell phone batteries loosely placed into fiberboard packages, with no 
protection from short circuits and no package markings indicating the 
presence of lithium batteries. One of the packages was discovered 
emitting smoke after landing at its destination. These and similar 
incidents are the cause of significant concern by PHMSA and FAA. 
Documents included with the shipment indicated the packages contained 
non-hazardous used batteries.
    Non-compliance with the transportation requirements for lithium 
batteries poses serious safety consequences. Therefore, we are again 
increasing our efforts to reduce this risk by stepping up our already 
aggressive enforcement of the safety standards and reenergizing our 
awareness and outreach efforts. Accordingly, we are publishing this 
safety advisory to further promote awareness of the ongoing safety 
concern and ensure that shippers and carriers are aware of the risks 
associated with the transportation of lithium batteries, the current 
regulatory requirements applicable to such transportation, and that 
regulatory violations will be prosecuted to the maximum extent 
permitted under the law. We are particularly concerned with undeclared 
shipments of lithium batteries and we will be focusing on discovering 
these shipments and those persons responsible for offering them in 
transportation. We encourage anyone with information on those engaged 
in this practice to bring them to our attention through our online 
complaints Web site at: https://www.phmsa.dot.gov/phmsa-ext/feedback/hazmatComplaintsRegsViolationsForm.jsp or by calling the Hazardous 
Materials Information Center at: 1-800-467-4922.
    Persons who violate the HMR may be subject to significant civil 
penalties and/or criminal fines and imprisonment. In determining the 
amount of a civil penalty the following factors will be determined: (1) 
The nature, circumstances, extent, and gravity of the violation; (2) 
with respect to the violator, the degree of culpability, and history of 
prior violations, the ability to pay, and any effect on the ability to 
continue to do business; and (3) other matters that justice requires. 
Maximum civil penalties may be imposed of up to $50,000 per violation 
or $100,000 per violation if a death, serious illness, or severe injury 
occurs to a person or substantial destruction of property.

[[Page 51645]]

Potential criminal penalties include fines of up to $500,000 and/or ten 
years in jail. In a recent enforcement case, PHMSA assessed a total 
civil penalty of $360,000 for multiple violations of the HMR relating 
to the improper shipment of used batteries for recycling or disposal. 
To date, FAA has closed over 75 investigations concerning battery 
violations observed in air transport and has collected over $1,000,000 
in civil penalties.
    More detailed information on the requirements in the HMR governing 
the shipment of batteries and additional guidance are available on 
DOT's Hazmat Safety Web site: https://www.phmsa.dot.gov/hazmat. The HMR 
are also accessible through our Web site, and answers to specific 
questions may be obtained from the Hazardous Materials Information 
Center at 1-800-467-4922 (in Washington, DC, call 202-366-4488).

    Issued in Washington, DC, on September 29, 2009.
Theodore L. Willke,
Associate Administrator for Hazardous Materials Safety.
[FR Doc. E9-24184 Filed 10-6-09; 8:45 am]
BILLING CODE 4910-60-P
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