Hazardous Materials: Transportation of Lithium Batteries, 9147-9148 [2010-4232]

Download as PDF Federal Register / Vol. 75, No. 39 / Monday, March 1, 2010 / Proposed Rules 8:30 a.m. to 4:30 p.m. excluding Federal holidays. Please see the direct final rule which is located in the Rules section of this Federal Register for detailed instructions on how to submit comments. FOR FURTHER INFORMATION CONTACT: John Summerhays, (312) 886–6067, or by email at summerhays.john@epa.gov. SUPPLEMENTARY INFORMATION: In the Final Rules section of this Federal Register, EPA is approving the State’s SIP submittal as a direct final rule without prior proposal because the Agency views this as a noncontroversial submittal and anticipates no adverse comments. A detailed rationale for the approval is set forth in the direct final rule. If no adverse comments are received in response to this rule, no further activity is contemplated. If EPA receives adverse comments, the direct final rule will be withdrawn and all public comments received will be addressed in a subsequent final rule based on this proposed rule. EPA will not institute a second comment period. Any parties interested in commenting on this action should do so at this time. Please note that if EPA receives adverse comment on an amendment, paragraph, or section of this rule and if that provision may be severed from the remainder of the rule, EPA may adopt as final those provisions of the rule that are not the subject of an adverse comment. For additional information, see the direct final rule which is located in the Rules section of this Federal Register. Dated: February 10, 2010. Walter W. Kovalick, Jr., Acting Regional Administrator, Region 5. [FR Doc. 2010–4087 Filed 2–26–10; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 70 [EPA–R07–OAR–2009–0860; FRL–9120–1] mstockstill on DSKH9S0YB1PROD with PROPOSALS Approval and Promulgation of Operating Permits Program; State of Iowa AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. SUMMARY: EPA proposes to approve a revision to the Iowa State Operating Permits Program submitted by the State on February 20, 2009. The purpose of this revision is to increase emissions fees for the Title V Operating Permits VerDate Nov<24>2008 16:32 Feb 26, 2010 Jkt 220001 9147 Program. EPA is proposing to approve this revision pursuant to section 502 of the Clean Air Act and implementing regulations. DEPARTMENT OF TRANSPORTATION DATES: Comments on this proposed action must be received in writing by March 31, 2010. 49 CFR Parts 172, 173, 175 Submit your comments, identified by Docket ID No. EPA–R07– OAR–2009–0860, by mail to Tracey Casburn, Environmental Protection Agency, Air Planning and Development Branch, 901 North 5th Street, Kansas City, Kansas 66101. Comments may also be submitted electronically or through hand delivery/courier by following the detailed instructions in the ADDRESSES section of the direct final rule located in the rules section of this Federal Register. RIN 2137–AE44 ADDRESSES: FOR FURTHER INFORMATION CONTACT: Tracey Casburn at (913) 551–7016, or by e-mail at casburn.tracey@epa.gov. In the final rules section of the Federal Register, EPA is approving the State’s revision as a direct final rule without prior proposal because the Agency views this as a noncontroversial revision amendment and anticipates no relevant adverse comments to this action. A detailed rationale for the approval is set forth in the direct final rule. If no relevant adverse comments are received in response to this action, no further activity is contemplated in relation to this action. If EPA receives relevant adverse comments, the direct final rule will be withdrawn and all public comments received will be addressed in a subsequent final rule based on this proposed action. EPA will not institute a second comment period on this action. Any parties interested in commenting on this action should do so at this time. Please note that if EPA receives adverse comment on part of this rule and if that part can be severed from the remainder of the rule, EPA may adopt as final those parts of the rule that are not the subject of an adverse comment. For additional information, see the direct final rule which is located in the rules section of this Federal Register. SUPPLEMENTARY INFORMATION: Dated: February 16, 2010. Karl Brooks, Regional Administrator, Region 7. [FR Doc. 2010–4142 Filed 2–26–10; 8:45 am] BILLING CODE 6560–50–P PO 00000 Frm 00028 Fmt 4702 Sfmt 4702 Pipeline and Hazardous Materials Safety Administration (PHMSA), DOT [Docket No. PHMSA–2009–0095 (HM–224F)] Hazardous Materials: Transportation of Lithium Batteries AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA), DOT. ACTION: Notice of public meeting. SUMMARY: On January 11, 2010, the Pipeline and Hazardous Materials Safety Administration (PHMSA) in coordination with the Federal Aviation Administration (FAA) published a notice of proposed rulemaking to comprehensively address the safety risks associated with the air transport of lithium cells and batteries. PHMSA and FAA will hold a public meeting on March 5, 2010, in Washington, DC, to provide interested persons with an opportunity to submit oral comments on the proposals in the NPRM. DATES: Public meeting: March 5, 2010, starting at 1 p.m. and ending at 4 p.m. Written comments: All comments to this docket must be received no later than March 12, 2010. PHMSA will consider late-filed comments to the extent practicable as the agency develops a final rule. ADDRESSES: Public meeting: The meeting will be held at the U.S. DOT headquarters 1200 New Jersey Ave, SE., Washington, DC 20590. The main visitor’s entrance is located in the West Building, on New Jersey Avenue and M Street. Upon entering the lobby, visitors must report to the security desk. Visitors should indicate that they will be attending the Lithium Battery Public Meeting and wait to be escorted to the Conference Center. Any person wishing to participate in the public meeting should provide their name and organization to Kevin A. Leary or Charles E. Betts, by telephone or in writing no later than March 4, 2010. Providing this information will facilitate the security screening process for entry into the building on the day of the meeting. Oral Presentations: Any person wishing to present an oral statement at the public meetings should notify Charles E. Betts or Kevin A. Leary, by March 4, 2010, and provide in advance or at the meeting, written copies of their presentations. E:\FR\FM\01MRP1.SGM 01MRP1 mstockstill on DSKH9S0YB1PROD with PROPOSALS 9148 Federal Register / Vol. 75, No. 39 / Monday, March 1, 2010 / Proposed Rules Written Comments: PHMSA and FAA invite interested parties, whether or not they attend the public meeting, to submit any relevant information, data, or comments to the docket of this proceeding (PHMSA–2009–0095) by any of the following methods: • Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the online instructions for submitting comments. • Fax: 1–202–493–2251. • Mail: Docket Operations, U.S. Department of Transportation, West Building, Ground Floor, Room W12– 140, Routing Symbol M–30, 1200 New Jersey Avenue, SE., Washington, DC 20590. • Hand Delivery: To Docket Operations, Room W12–140 on the ground floor of the West Building, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal Holidays. Instructions: All submissions must include the agency name and docket number for this notice at the beginning of the comment. Note that all comments received will be posted without change to the docket management system, including any personal information provided. Docket: For access to the dockets to read background documents or comments received, go to https:// www.regulations.gov or DOT’s Docket Operations Office (see ADDRESSES). Privacy Act: Anyone is able to search the electronic form of any written communications and comments received into any of our dockets by the name of the individual submitting the document (or signing the document, if submitted on behalf of an association, business, labor union, etc.). You may review DOT’s complete Privacy Act Statement in the Federal Register published on April 11, 2000 (Volume 65, Number 70; Pages 19477–78), which may also be found at https:// www.regulations.gov. FOR FURTHER INFORMATION CONTACT: Charles E. Betts or Kevin A. Leary, Office of Hazardous Materials Standards, telephone (202) 366–8553, Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation, East Building, PHH–10, 1200 New Jersey Avenue, SE., Washington, DC 20590–0001. SUPPLEMENTARY INFORMATION: I. Background On January 11, 2010, PHMSA, in consultation with FAA, proposed to VerDate Nov<24>2008 16:32 Feb 26, 2010 Jkt 220001 amend requirements in the Hazardous Materials Regulations (HMR; 49 CFR Parts 171–180) applicable to the transportation of lithium cells and batteries, including lithium cells and batteries packed with or contained in equipment (HM–224F; 75 FR 1302). The proposed changes are intended to enhance safety by ensuring that all lithium batteries are designed to withstand normal transportation conditions and to communicate to carriers and emergency responders of the presence of these materials. Specifically, PHMSA and FAA propose to: • Revise current shipping descriptions for lithium batteries (UN3090), lithium batteries packed with equipment (UN3091), and lithium batteries contained in equipment (UN3091) to specify lithium metal batteries including lithium alloy batteries as appropriate.1 • Adopt shipping descriptions for lithium ion batteries including lithium ion polymer batteries (UN3480), lithium ion batteries packed with equipment including lithium ion polymer batteries (UN3481), lithium ion batteries contained in equipment including lithium ion polymer batteries (UN3481).1 • Adopt watt-hours in place of equivalent lithium content to measure the relative hazard of lithium ion cells and batteries. • Incorporate by reference the latest revisions to the United Nations Manual of Tests and Criteria applicable to the design type testing of lithium cells and batteries. • Adopt and revise various definitions including ‘‘Aggregate lithium content’’ ‘‘Lithium content’’, ‘‘Lithium ion cell or battery’’, ‘‘Lithium metal cell or battery’’, ‘‘Short circuit’’, and ‘‘Watthour’’ based on definitions found in the UN Manual of Tests and Criteria. • Require manufacturers to retain results of satisfactory completion of UN design type tests for each lithium cell and battery type and place a mark on the battery and/or cell to indicate testing has been completed successfully. PHMSA and the FAA will coordinate with the appropriate international organizations to ensure consistency. • For air transportation, eliminate regulatory exceptions for lithium cells and batteries, other than certain exceptions for extremely small lithium cells and batteries that are shipped in very limited quantities such as button cells and other small batteries that are packed with or contained in equipment and those required for operational use in accordance with applicable airworthiness requirements and operating regulations. • For all transport modes, require lithium cells and batteries to be packed to protect the cell or battery from short circuits. • Unless transported in a container approved by the FAA Administrator, when transported aboard aircraft, limit stowage of lithium cells and batteries to crew accessible cargo locations or locations equipped with an FAA approved fire suppression system. • Consolidate and simplify current and revised lithium battery requirements into one section of the HMR. • Apply appropriate safety measures for the transport of lithium cells or batteries identified as being defective for safety reasons, or those that have been damaged or are otherwise being returned to the manufacturer. To expedite compliance with the amendments in this notice, PHMSA proposed a mandatory compliance date of 75 days after the date of publication of the final rule. 1 In 2006, separate shipping descriptions for lithium metal batteries and lithium ion batteries were adopted into the UN Recommendations. The International Civil Aviation Organization and the International Maritime Organization subsequently adopted these shipping descriptions. All references to primary or secondary lithium batteries in international regulations were revised to reflect this change. Issued in Washington, DC, on February 24, 2010. Magdy El-Sibaie, Acting Associate Administrator for Hazardous Materials Safety. PO 00000 Frm 00029 Fmt 4702 Sfmt 9990 II. Purpose of Public Meeting The March 5, 2010 meeting is intended to provide an opportunity for all interested parties to comment on the NPRM and the accompanying regulatory evaluation. However, PHMSA and FAA consider it important to address the risks in the transportation of lithium cells and batteries promptly and that the 60-day comment period provided in the NPRM should be sufficient for all comments to be prepared and submitted. Accordingly, the March 12, 2010 deadline for submission of written comments is not being extended. However, PHMSA will consider latefiled comments to the extent practicable as the agency develops a final rule. [FR Doc. 2010–4232 Filed 2–25–10; 4:15 pm] BILLING CODE 4910–60–P E:\FR\FM\01MRP1.SGM 01MRP1

Agencies

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


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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration (PHMSA), DOT

49 CFR Parts 172, 173, 175

[Docket No. PHMSA-2009-0095 (HM-224F)]
RIN 2137-AE44


Hazardous Materials: Transportation of Lithium Batteries

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

ACTION: Notice of public meeting.

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

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

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

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

[[Page 9148]]

    Written Comments: PHMSA and FAA invite interested parties, whether 
or not they attend the public meeting, to submit any relevant 
information, data, or comments to the docket of this proceeding (PHMSA-
2009-0095) by any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the online instructions for submitting 
comments.
     Fax: 1-202-493-2251.
     Mail: Docket Operations, U.S. Department of 
Transportation, West Building, Ground Floor, Room W12-140, Routing 
Symbol M-30, 1200 New Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: To Docket Operations, Room W12-140 on the 
ground floor of the West Building, 1200 New Jersey Avenue, SE., 
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal Holidays.
    Instructions: All submissions must include the agency name and 
docket number for this notice at the beginning of the comment. Note 
that all comments received will be posted without change to the docket 
management system, including any personal information provided.
    Docket: For access to the dockets to read background documents or 
comments received, go to https://www.regulations.gov or DOT's Docket 
Operations Office (see ADDRESSES).
    Privacy Act: Anyone is able to search the electronic form of any 
written communications and comments received into any of our dockets by 
the name of the individual submitting the document (or signing the 
document, if submitted on behalf of an association, business, labor 
union, etc.). You may review DOT's complete Privacy Act Statement in 
the Federal Register published on April 11, 2000 (Volume 65, Number 70; 
Pages 19477-78), which may also be found at https://www.regulations.gov.

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

SUPPLEMENTARY INFORMATION:

I. Background

    On January 11, 2010, PHMSA, in consultation with FAA, proposed to 
amend requirements in the Hazardous Materials Regulations (HMR; 49 CFR 
Parts 171-180) applicable to the transportation of lithium cells and 
batteries, including lithium cells and batteries packed with or 
contained in equipment (HM-224F; 75 FR 1302). The proposed changes are 
intended to enhance safety by ensuring that all lithium batteries are 
designed to withstand normal transportation conditions and to 
communicate to carriers and emergency responders of the presence of 
these materials. Specifically, PHMSA and FAA propose to:
     Revise current shipping descriptions for lithium batteries 
(UN3090), lithium batteries packed with equipment (UN3091), and lithium 
batteries contained in equipment (UN3091) to specify lithium metal 
batteries including lithium alloy batteries as appropriate.\1\
---------------------------------------------------------------------------

    \1\ In 2006, separate shipping descriptions for lithium metal 
batteries and lithium ion batteries were adopted into the UN 
Recommendations. The International Civil Aviation Organization and 
the International Maritime Organization subsequently adopted these 
shipping descriptions. All references to primary or secondary 
lithium batteries in international regulations were revised to 
reflect this change.
---------------------------------------------------------------------------

     Adopt shipping descriptions for lithium ion batteries 
including lithium ion polymer batteries (UN3480), lithium ion batteries 
packed with equipment including lithium ion polymer batteries (UN3481), 
lithium ion batteries contained in equipment including lithium ion 
polymer batteries (UN3481).\1\
     Adopt watt-hours in place of equivalent lithium content to 
measure the relative hazard of lithium ion cells and batteries.
     Incorporate by reference the latest revisions to the 
United Nations Manual of Tests and Criteria applicable to the design 
type testing of lithium cells and batteries.
     Adopt and revise various definitions including ``Aggregate 
lithium content'' ``Lithium content'', ``Lithium ion cell or battery'', 
``Lithium metal cell or battery'', ``Short circuit'', and ``Watt-hour'' 
based on definitions found in the UN Manual of Tests and Criteria.
     Require manufacturers to retain results of satisfactory 
completion of UN design type tests for each lithium cell and battery 
type and place a mark on the battery and/or cell to indicate testing 
has been completed successfully. PHMSA and the FAA will coordinate with 
the appropriate international organizations to ensure consistency.
     For air transportation, eliminate regulatory exceptions 
for lithium cells and batteries, other than certain exceptions for 
extremely small lithium cells and batteries that are shipped in very 
limited quantities such as button cells and other small batteries that 
are packed with or contained in equipment and those required for 
operational use in accordance with applicable airworthiness 
requirements and operating regulations.
     For all transport modes, require lithium cells and 
batteries to be packed to protect the cell or battery from short 
circuits.
     Unless transported in a container approved by the FAA 
Administrator, when transported aboard aircraft, limit stowage of 
lithium cells and batteries to crew accessible cargo locations or 
locations equipped with an FAA approved fire suppression system.
     Consolidate and simplify current and revised lithium 
battery requirements into one section of the HMR.
     Apply appropriate safety measures for the transport of 
lithium cells or batteries identified as being defective for safety 
reasons, or those that have been damaged or are otherwise being 
returned to the manufacturer.
    To expedite compliance with the amendments in this notice, PHMSA 
proposed a mandatory compliance date of 75 days after the date of 
publication of the final rule.

II. Purpose of Public Meeting

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

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