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final rule will be withdrawn and all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]
=======================================================================
-----------------------------------------------------------------------
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