Hazardous Materials: Transportation of Lithium Batteries, 21714-21716 [2012-8550]
Download as PDF
<![CDATA[
21714
Federal Register / Vol. 77, No. 70 / Wednesday, April 11, 2012 / Proposed Rules
will not impose substantial direct costs
on tribal governments or preempt tribal
law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: March 27, 2012.
Dennis J. McLerran,
Regional Administrator, Region 10.
[FR Doc. 2012–8706 Filed 4–10–12; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials
Safety Administration
49 CFR Parts 172, 173, and 175
[Docket No. PHMSA–2009–0095 (HM–224F)]
RIN 2137–AE44
Hazardous Materials: Transportation of
Lithium Batteries
Pipeline and Hazardous
Materials Safety Administration
(PHMSA), DOT.
ACTION: Notice of proposed rulemaking;
request for additional comment.
AGENCY:
In this document, PHMSA is
seeking comment on the impact of
changes to the requirements for the air
transport of lithium cells and batteries
that have been adopted into the 2013–
2014 International Civil Aviation
Organization Technical Instructions on
the Transport of Dangerous Goods by
Air (ICAO Technical Instructions).
PHMSA is considering whether to
harmonize with these requirements and
is publishing this notice to allow
interested persons an opportunity to
supplement comments to our January
11, 2010, Notice of Proposed
Rulemaking (NPRM).
DATES: Comments Due Date: May 11,
2012.
wreier-aviles on DSK5TPTVN1PROD with PROPOSALS
SUMMARY:
You may submit comments
by identification of the docket number
(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.
ADDRESSES:
VerDate Mar<15>2010
15:20 Apr 10, 2012
Jkt 226001
• 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. To avoid duplication,
please use only one of these four
methods. All comments received will be
posted without change to the Federal
Docket Management System (FDMS),
including any personal information.
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).
Asking for Confidential Treatment: If
you want PHMSA to give your comment
confidential treatment, you must file it
in paper form and take the following
steps in accordance with 49 CFR 105.30:
(1) Mark ‘‘confidential’’ on each page
of the original document you would like
to keep confidential.
(2) Send us, along with the original
document, a second copy of the original
document with the confidential
information deleted.
(3) Explain why the information you
are submitting is confidential (for
example, it is exempt from mandatory
public disclosure under the Freedom of
Information Act, 5 U.S.C. 552 or it is
information referred to in 18 U.S.C.
1905).
PHMSA will decide whether or not to
treat your information as confidential.
We will notify you, in writing, of a
decision to grant or deny confidentiality
at least five days before the information
is publicly disclosed, and give you an
opportunity to respond.
FOR FURTHER INFORMATION CONTACT:
Kevin A. Leary, Standards and
Rulemaking Division, Pipeline and
PO 00000
Frm 00031
Fmt 4702
Sfmt 4702
Hazardous Materials Safety
Administration, telephone (202) 366–
8553, or Michael Locke, Program
Development Division, Pipeline and
Hazardous Materials Safety
Administration, telephone (202) 366–
1074.
Background
On January 11, 2010 (75 FR 1302),
PHMSA, in coordination with the
Federal Aviation Administration (FAA),
published a Notice of Proposed
Rulemaking (NPRM) to address the air
transportation risks posed by lithium
cells and batteries. Some of the
proposals in the NPRM were intended
to harmonize provisions in the
Hazardous Materials Regulations (HMR;
49 CFR parts 171–180) with provisions
in the ICAO Technical Instructions;
other proposals in the NPRM were
intended to address safety concerns
arising from research findings from the
FAA Technical Center suggesting that
current aircraft systems and procedures
may not be sufficient to combat a fire
involving lithium batteries (from either
an external cargo fire or internal source
from manufacturing defects).1 The FAA
Technical Center issued an additional
report in 2010 that supplements the
previous studies. All of these reports are
available in the public docket of this
rulemaking. Many of the commenters to
the NPRM urged PHMSA to adopt
lithium battery transport safety
standards identical to those in the 2011–
2012 edition of the ICAO Technical
Instructions.
Since PHMSA published the NPRM,
the ICAO Dangerous Goods Panel has
met several times and devoted
considerable discussion to the
provisions applicable to the air
transport of lithium cells and batteries.
As a result, there have been many
changes in the ICAO standards
applicable to the air transport of lithium
cells and batteries. Given the increased
efficiency and clarity in having a
uniform global standard, PHMSA
considers harmonization with
international standards when there is no
adverse impact to safety. Therefore,
consistent with 49 U.S.C. 5120, PHMSA
is now considering harmonizing the
HMR with lithium battery provisions
recently adopted by ICAO and which
will become effective on January 1,
2013.
1 Flammability Assessment of Bulk-Packed, Non
rechargeable Lithium Primary Batteries in Transport
Category Aircraft; June 2004 (DOT/FAA/AR–04/26);
and Flammability Assessment of Bulk-Packed,
Rechargeable Lithium-Ion Cells in Transport
Category Aircraft; April 2006 (DOT/FAA/AR–06/
38).
E:\FR\FM\11APP1.SGM
11APP1
21715
Federal Register / Vol. 77, No. 70 / Wednesday, April 11, 2012 / Proposed Rules
To ensure full consideration of
harmonization with the HMR, PHMSA
seeks comments from the public on the
impact of these changes should PHMSA
adopt them. To the extent possible, we
request commenters include specific
data with verifiable references to
support their statements. A full report of
these changes is available through the
ICAO at the following URL: https://www.
icao.int/safety/DangerousGoods/Pages/
DGP.aspx.
Current Standards and Summary of
Changes
The ICAO Technical Instructions
assign six separate packing instructions
(PIs) to describe the requirements
applicable to the various types and
configurations of lithium batteries:
1. Lithium ion batteries (PI 965).
2. Lithium ion batteries packed with
equipment (PI 966).
3. Lithium ion batteries contained in
equipment (PI 967).
4. Lithium metal batteries (PI 968).
5. Lithium metal batteries packed
with equipment (PI 969).
6. Lithium metal batteries contained
in equipment (PI 970).
Within each of these packing
instructions, there are two sections.
Section I applies to lithium batteries
that are subject to all applicable
regulatory requirements including UN
packaging, marking and labeling,
shipping papers, a notice to the pilot in
command and requirements for the air
carrier to inspect each package for
compliance. Section II outlines specific
requirements that, if met, allow small
lithium cells and batteries to be shipped
excepted from many of the provisions
associated with hazardous material and,
these shipments may be handled as
general cargo.
The changes to these exceptions in
the ICAO Technical Instructions for
lithium batteries not packed with, or
contained in, equipment (PI 965 and PI
968) effectively split Section I of these
packing instructions into:
• ‘‘Section IA,’’ which covers lithium
cells and batteries currently subject to
all regulatory requirements; and
• ‘‘Section IB,’’ which covers lithium
cells and batteries formerly transported
as general cargo.
In effect, packages containing more
than 8 lithium cells or 2 lithium
batteries, which were previously
excepted from most of the requirements
of the ICAO Technical Instructions,
would be subject to additional
requirements including package weight
limits (10 kg for lithium ion cells and
batteries and 2.5 kg for lithium metal
cells and batteries) and a requirement to
display a Class 9 label and the lithium
battery handling label 2 (Section IB). In
addition, the shipper must provide the
carrier with the following information:
• The name and address of the
shipper and consignee;
• The appropriate proper shipping
name and UN number; and
• The number of packages and the
gross mass of each package.
The air carrier must:
• Provide the information on this
document to the pilot and retain this
information for at least 3 months; and
• Inspect each package for
compliance with the ICAO Technical
Instructions.
The full text of the changes recently
adopted by the ICAO Dangerous Goods
Panel is available in the rulemaking
docket and illustrated in the following
charts:
Section II limits
Lithium ion cells or
batteries not more
than 2.7 Wh
Lithium ion cells more
than 2.7 Wh but not more
than 20 Wh
Maximum number of cells/batteries per package ...........
Maximum net mass per package ....................................
No limit ..............................
2.5 kg .................................
8 cells ................................
n/a ......................................
Section II limits
Lithium metal cells or
batteries with not more
than 0.3 g lithium content
Lithium metal cells with a
lithium content more than
0.3 g but not more
than 1 g
Maximum number of cells/batteries per package ...........
Maximum net mass per package ....................................
No limit ..............................
2.5 kg .................................
8 cells ................................
n/a ......................................
Lithium ion batteries more
than 2.7 Wh but not more
than 100Wh
2 batteries.
n/a
Lithium metal batteries with
a lithium content more than
0.3 g but not more
than 2 g
2 batteries.
n/a
Section IB limits
Cell/battery size limit
Package gross
mass limit
...................................................................................................................................
Lithium Ion Cells .......................................................................................................
Lithium Ion Batteries .................................................................................................
Lithium Metal Cells ...................................................................................................
Lithium Metal Batteries .............................................................................................
.................................................................
20 Wh .....................................................
100 Wh ...................................................
1 g ...........................................................
2 g ...........................................................
..............................
10 kg
10 kg
2.5 kg
2.5 kg
To adequately consider
harmonization with ICAO standards,
PHMSA seeks qualitative and
quantitative information from the public
on the following questions. In your
comments please refer to the number of
the specific question(s) to which you are
responding. We do not expect every
commenter to be able to answer every
question. Please respond to those
questions you feel able to answer.
The following questions generally
apply to lithium metal cells and
batteries up to 1 gram per lithium metal
cell and 2 grams per lithium metal
battery or 20 Wh per lithium ion cell
and 100 Wh per lithium ion battery.
Further, please focus responses on data
for cells shipped alone (that is, not
packed with, or contained in,
equipment), designated UN3090
(Lithium Metal Batteries) or UN3480
(Lithium Ion Batteries), and which
would be covered by PI965 or PI968. To
the extent possible, we request
commenters include specific data with
2 The lithium battery handling label (figure 5–31
in the ICAO Technical Instructions) consists of text
and symbols that communicate the presence of
lithium ion or lithium metal cells or batteries as
appropriate, an indication that a flammability
hazard exists if the package is damaged, special
procedures to be taken in the event the package is
damaged and a telephone number for additional
information.
wreier-aviles on DSK5TPTVN1PROD with PROPOSALS
Request for Information
VerDate Mar<15>2010
15:20 Apr 10, 2012
Jkt 226001
PO 00000
Frm 00032
Fmt 4702
Sfmt 4702
E:\FR\FM\11APP1.SGM
11APP1
wreier-aviles on DSK5TPTVN1PROD with PROPOSALS
21716
Federal Register / Vol. 77, No. 70 / Wednesday, April 11, 2012 / Proposed Rules
verifiable references to support their
statements.
1. Beginning in 2013, how many
lithium cells, batteries, and packages are
anticipated to be subject to the
additional requirements of the proposed
Section IB of ICAO Packing Instructions
965 and 968, or, in other words, how
many shipments of lithium cells,
batteries, and packages were previously
excepted from full hazardous materials
packaging and labeling requirements,
but would now be subject to additional
requirements? These packages would
typically contain more than 2 batteries
or 8 cells, but weigh less than 10 kg.
Also, if quantifiable, please specify
projected figures for shipments that
would fall under Section IA and
Section II.
2. What impacts (if any) would arise
from the allowance to use non-UN
Specification packaging for cells and
batteries to be shipped under the
proposed Section IB of ICAO Packing
Instructions 965 and 968?
3. What impacts (if any) would result
if PHMSA chooses not to harmonize
with 2013–2014 ICAO Technical
Instructions applicable to lithium
batteries?
4. Will harmonization with the 2013–
2014 ICAO Technical Instructions result
in any modal impacts or diversions, i.e.,
will shippers be less likely to ship by
air, in favor of maritime, truck, or rail
transport of these materials? If a modal
shift will occur, please quantify the
impact of this shift if possible (costs
increase or decrease, shipment time
differences, and other considerations).
5. What is the projected burden (time
and/or cost) for compliance with the
information collection activities and
disclosures outlined in this notice? If
PHMSA were to harmonize with the
2013–2014 ICAO Technical
Instructions, are there other Paperwork
Reduction Act related activities
associated with implementation that
PHMSA should consider?
6. If PHMSA were to harmonize the
2013–2014 ICAO Technical Instructions
in a final rule, are there ways in which
PHMSA could reduce regulatory burden
or cost of implementation, for example,
delayed effective date?
7. Please provide any other relevant
information that PHMSA should
consider before harmonizing with
ICAO’s standards for lithium cells and
batteries.
Issued in Washington, DC, on April 5,
2012.
R. Ryan Posten,
Deputy Associate Administrator.
[FR Doc. 2012–8550 Filed 4–10–12; 8:45 am]
BILLING CODE 4910–60–P
VerDate Mar<15>2010
15:20 Apr 10, 2012
Jkt 226001
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 120330244–2242–01]
RIN 0648–BB77
Fisheries of the Exclusive Economic
Zone Off Alaska; Pacific Salmon
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
AGENCY:
NMFS proposes regulations to
implement Amendment 12 to the
Fishery Management Plan for Salmon
Fisheries in the EEZ off the Coast of
Alaska (FMP). If approved, Amendment
12 would comprehensively revise and
update the FMP to reflect the North
Pacific Fishery Management Council’s
(Council’s) salmon management policy
and to comply with Federal law. This
proposed rule is necessary to revise
specific regulations and remove obsolete
regulations in accordance with the
modifications proposed by Amendment
12. These proposed regulations are
intended to promote the goals and
objectives of the Magnuson-Stevens
Fishery Conservation and Management
Act, the FMP, and other applicable
laws.
DATES: Comments must be received no
later than May 29, 2012.
ADDRESSES: You may submit comments,
identified by FDMS Docket Number
NOAA–NMFS–2011–0295, by any one
of the following methods:
• Electronic Submissions: Submit all
electronic public comments via the
Federal eRulemaking Portal https://
www.regulations.gov. To submit
comments via the e-Rulemaking Portal,
first click the ‘‘submit a comment’’ icon,
then enter NOAA–NMFS–2011–0295 in
the keyword search. Locate the
document you wish to comment on
from the resulting list and click on the
‘‘Submit a Comment’’ icon on that line.
• Fax: Address written comments to
Glenn Merrill, Assistant Regional
Administrator, Sustainable Fisheries
Division, Alaska Region NMFS, Attn:
Ellen Sebastian. Fax comments to 907–
586–7557.
• Mail: Address written comments to
Glenn Merrill, Assistant Regional
Administrator, Sustainable Fisheries
Division, Alaska Region NMFS, Attn:
Ellen Sebastian. Mail comments to P.O.
Box 21668, Juneau, AK 99802–1668.
SUMMARY:
PO 00000
Frm 00033
Fmt 4702
Sfmt 4702
• Hand delivery to the Federal
Building: Address written comments to
Glenn Merrill, Assistant Regional
Administrator, Sustainable Fisheries
Division, Alaska Region NMFS, Attn:
Ellen Sebastian. Deliver comments to
709 West 9th Street, Room 420A,
Juneau, AK.
Instructions: Comments must be
submitted by one of the above methods
to ensure that the comments are
received, documented, and considered
by NMFS. Comments sent by any other
method, to any other address or
individual, or received after the end of
the comment period, may not be
considered. All comments received are
a part of the public record and will
generally be posted to https://
www.regulations.gov without change.
All Personal Identifying Information (for
example, name, address, etc.)
voluntarily submitted by the commenter
will be publicly accessible. Do not
submit Confidential Business
Information or otherwise sensitive or
protected information.
NMFS will accept anonymous
comments (enter N/A in the required
fields, if you wish to remain
anonymous). You may submit
attachments to electronic comments in
Microsoft Word, Excel, WordPerfect, or
Adobe PDF file formats only.
Electronic copies of the proposed
Fishery Management Plan for the
Salmon Fisheries in the EEZ off Alaska
and the draft Environmental
Assessment/Regulatory Impact Review
prepared for this action may be obtained
from https://www.regulations.gov or from
the NMFS Alaska Region Web site at
https://alaskafisheries.noaa.gov.
FOR FURTHER INFORMATION CONTACT:
Gretchen Harrington, 907–586–7228.
SUPPLEMENTARY INFORMATION: This
proposed rule would implement
Amendment 12 to the FMP. The Council
has submitted Amendment 12 for
review by the Secretary of Commerce,
and a Notice of Availability (NOA) of
this amendment was published in the
Federal Register on April 2, 2012 (77 FR
19605) with comments invited through
June 1, 2012. Respondents do not need
to submit the same comments on both
the NOA and this proposed rule. All
relevant written comments received by
the end of the comment period for the
NOA, whether specifically directed to
the FMP amendment, this proposed
rule, or both, will be considered in the
approval/disapproval decision for
Amendment 12 and addressed in the
response to comments in the final rule.
The Council prepared the FMP under
the authority of the Magnuson-Stevens
Fishery Conservation and Management
E:\FR\FM\11APP1.SGM
11APP1
]]>Agencies
[Federal Register Volume 77, Number 70 (Wednesday, April 11, 2012)]
[Proposed Rules]
[Pages 21714-21716]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-8550]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
49 CFR Parts 172, 173, and 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 proposed rulemaking; request for additional comment.
-----------------------------------------------------------------------
SUMMARY: In this document, PHMSA is seeking comment on the impact of
changes to the requirements for the air transport of lithium cells and
batteries that have been adopted into the 2013-2014 International Civil
Aviation Organization Technical Instructions on the Transport of
Dangerous Goods by Air (ICAO Technical Instructions). PHMSA is
considering whether to harmonize with these requirements and is
publishing this notice to allow interested persons an opportunity to
supplement comments to our January 11, 2010, Notice of Proposed
Rulemaking (NPRM).
DATES: Comments Due Date: May 11, 2012.
ADDRESSES: You may submit comments by identification of the docket
number (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. To avoid
duplication, please use only one of these four methods. All comments
received will be posted without change to the Federal Docket Management
System (FDMS), including any personal information.
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).
Asking for Confidential Treatment: If you want PHMSA to give your
comment confidential treatment, you must file it in paper form and take
the following steps in accordance with 49 CFR 105.30:
(1) Mark ``confidential'' on each page of the original document you
would like to keep confidential.
(2) Send us, along with the original document, a second copy of the
original document with the confidential information deleted.
(3) Explain why the information you are submitting is confidential
(for example, it is exempt from mandatory public disclosure under the
Freedom of Information Act, 5 U.S.C. 552 or it is information referred
to in 18 U.S.C. 1905).
PHMSA will decide whether or not to treat your information as
confidential. We will notify you, in writing, of a decision to grant or
deny confidentiality at least five days before the information is
publicly disclosed, and give you an opportunity to respond.
FOR FURTHER INFORMATION CONTACT: Kevin A. Leary, Standards and
Rulemaking Division, Pipeline and Hazardous Materials Safety
Administration, telephone (202) 366-8553, or Michael Locke, Program
Development Division, Pipeline and Hazardous Materials Safety
Administration, telephone (202) 366-1074.
Background
On January 11, 2010 (75 FR 1302), PHMSA, in coordination with the
Federal Aviation Administration (FAA), published a Notice of Proposed
Rulemaking (NPRM) to address the air transportation risks posed by
lithium cells and batteries. Some of the proposals in the NPRM were
intended to harmonize provisions in the Hazardous Materials Regulations
(HMR; 49 CFR parts 171-180) with provisions in the ICAO Technical
Instructions; other proposals in the NPRM were intended to address
safety concerns arising from research findings from the FAA Technical
Center suggesting that current aircraft systems and procedures may not
be sufficient to combat a fire involving lithium batteries (from either
an external cargo fire or internal source from manufacturing
defects).\1\ The FAA Technical Center issued an additional report in
2010 that supplements the previous studies. All of these reports are
available in the public docket of this rulemaking. Many of the
commenters to the NPRM urged PHMSA to adopt lithium battery transport
safety standards identical to those in the 2011-2012 edition of the
ICAO Technical Instructions.
---------------------------------------------------------------------------
\1\ Flammability Assessment of Bulk-Packed, Non rechargeable
Lithium Primary Batteries in Transport Category Aircraft; June 2004
(DOT/FAA/AR-04/26); and Flammability Assessment of Bulk-Packed,
Rechargeable Lithium-Ion Cells in Transport Category Aircraft; April
2006 (DOT/FAA/AR-06/38).
---------------------------------------------------------------------------
Since PHMSA published the NPRM, the ICAO Dangerous Goods Panel has
met several times and devoted considerable discussion to the provisions
applicable to the air transport of lithium cells and batteries. As a
result, there have been many changes in the ICAO standards applicable
to the air transport of lithium cells and batteries. Given the
increased efficiency and clarity in having a uniform global standard,
PHMSA considers harmonization with international standards when there
is no adverse impact to safety. Therefore, consistent with 49 U.S.C.
5120, PHMSA is now considering harmonizing the HMR with lithium battery
provisions recently adopted by ICAO and which will become effective on
January 1, 2013.
[[Page 21715]]
To ensure full consideration of harmonization with the HMR, PHMSA
seeks comments from the public on the impact of these changes should
PHMSA adopt them. To the extent possible, we request commenters include
specific data with verifiable references to support their statements. A
full report of these changes is available through the ICAO at the
following URL: https://www.icao.int/safety/DangerousGoods/Pages/DGP.aspx.
Current Standards and Summary of Changes
The ICAO Technical Instructions assign six separate packing
instructions (PIs) to describe the requirements applicable to the
various types and configurations of lithium batteries:
1. Lithium ion batteries (PI 965).
2. Lithium ion batteries packed with equipment (PI 966).
3. Lithium ion batteries contained in equipment (PI 967).
4. Lithium metal batteries (PI 968).
5. Lithium metal batteries packed with equipment (PI 969).
6. Lithium metal batteries contained in equipment (PI 970).
Within each of these packing instructions, there are two sections.
Section I applies to lithium batteries that are subject to all
applicable regulatory requirements including UN packaging, marking and
labeling, shipping papers, a notice to the pilot in command and
requirements for the air carrier to inspect each package for
compliance. Section II outlines specific requirements that, if met,
allow small lithium cells and batteries to be shipped excepted from
many of the provisions associated with hazardous material and, these
shipments may be handled as general cargo.
The changes to these exceptions in the ICAO Technical Instructions
for lithium batteries not packed with, or contained in, equipment (PI
965 and PI 968) effectively split Section I of these packing
instructions into:
``Section IA,'' which covers lithium cells and batteries
currently subject to all regulatory requirements; and
``Section IB,'' which covers lithium cells and batteries
formerly transported as general cargo.
In effect, packages containing more than 8 lithium cells or 2
lithium batteries, which were previously excepted from most of the
requirements of the ICAO Technical Instructions, would be subject to
additional requirements including package weight limits (10 kg for
lithium ion cells and batteries and 2.5 kg for lithium metal cells and
batteries) and a requirement to display a Class 9 label and the lithium
battery handling label \2\ (Section IB). In addition, the shipper must
provide the carrier with the following information:
---------------------------------------------------------------------------
\2\ The lithium battery handling label (figure 5-31 in the ICAO
Technical Instructions) consists of text and symbols that
communicate the presence of lithium ion or lithium metal cells or
batteries as appropriate, an indication that a flammability hazard
exists if the package is damaged, special procedures to be taken in
the event the package is damaged and a telephone number for
additional information.
---------------------------------------------------------------------------
The name and address of the shipper and consignee;
The appropriate proper shipping name and UN number; and
The number of packages and the gross mass of each package.
The air carrier must:
Provide the information on this document to the pilot and
retain this information for at least 3 months; and
Inspect each package for compliance with the ICAO
Technical Instructions.
The full text of the changes recently adopted by the ICAO Dangerous
Goods Panel is available in the rulemaking docket and illustrated in
the following charts:
----------------------------------------------------------------------------------------------------------------
Lithium ion cells or Lithium ion cells more Lithium ion batteries
Section II limits batteries not more than than 2.7 Wh but not more than 2.7 Wh but
2.7 Wh more than 20 Wh not more than 100Wh
----------------------------------------------------------------------------------------------------------------
Maximum number of cells/batteries per No limit............... 8 cells................ 2 batteries.
package.
Maximum net mass per package......... 2.5 kg................. n/a.................... n/a
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
Lithium metal cells or Lithium metal cells Lithium metal batteries
batteries with not more with a lithium content with a lithium content
Section II limits than 0.3 g lithium more than 0.3 g but not more than 0.3 g but not
content more than 1 g more than 2 g
----------------------------------------------------------------------------------------------------------------
Maximum number of cells/batteries per No limit............... 8 cells................ 2 batteries.
package.
Maximum net mass per package......... 2.5 kg................. n/a.................... n/a
----------------------------------------------------------------------------------------------------------------
------------------------------------------------------------------------
Cell/battery size Package gross
Section IB limits limit mass limit
------------------------------------------------------------------------
................... .................
Lithium Ion Cells............... 20 Wh.............. 10 kg
Lithium Ion Batteries........... 100 Wh............. 10 kg
Lithium Metal Cells............. 1 g................ 2.5 kg
Lithium Metal Batteries......... 2 g................ 2.5 kg
------------------------------------------------------------------------
Request for Information
To adequately consider harmonization with ICAO standards, PHMSA
seeks qualitative and quantitative information from the public on the
following questions. In your comments please refer to the number of the
specific question(s) to which you are responding. We do not expect
every commenter to be able to answer every question. Please respond to
those questions you feel able to answer.
The following questions generally apply to lithium metal cells and
batteries up to 1 gram per lithium metal cell and 2 grams per lithium
metal battery or 20 Wh per lithium ion cell and 100 Wh per lithium ion
battery. Further, please focus responses on data for cells shipped
alone (that is, not packed with, or contained in, equipment),
designated UN3090 (Lithium Metal Batteries) or UN3480 (Lithium Ion
Batteries), and which would be covered by PI965 or PI968. To the extent
possible, we request commenters include specific data with
[[Page 21716]]
verifiable references to support their statements.
1. Beginning in 2013, how many lithium cells, batteries, and
packages are anticipated to be subject to the additional requirements
of the proposed Section IB of ICAO Packing Instructions 965 and 968,
or, in other words, how many shipments of lithium cells, batteries, and
packages were previously excepted from full hazardous materials
packaging and labeling requirements, but would now be subject to
additional requirements? These packages would typically contain more
than 2 batteries or 8 cells, but weigh less than 10 kg. Also, if
quantifiable, please specify projected figures for shipments that would
fall under Section IA and Section II.
2. What impacts (if any) would arise from the allowance to use non-
UN Specification packaging for cells and batteries to be shipped under
the proposed Section IB of ICAO Packing Instructions 965 and 968?
3. What impacts (if any) would result if PHMSA chooses not to
harmonize with 2013-2014 ICAO Technical Instructions applicable to
lithium batteries?
4. Will harmonization with the 2013-2014 ICAO Technical
Instructions result in any modal impacts or diversions, i.e., will
shippers be less likely to ship by air, in favor of maritime, truck, or
rail transport of these materials? If a modal shift will occur, please
quantify the impact of this shift if possible (costs increase or
decrease, shipment time differences, and other considerations).
5. What is the projected burden (time and/or cost) for compliance
with the information collection activities and disclosures outlined in
this notice? If PHMSA were to harmonize with the 2013-2014 ICAO
Technical Instructions, are there other Paperwork Reduction Act related
activities associated with implementation that PHMSA should consider?
6. If PHMSA were to harmonize the 2013-2014 ICAO Technical
Instructions in a final rule, are there ways in which PHMSA could
reduce regulatory burden or cost of implementation, for example,
delayed effective date?
7. Please provide any other relevant information that PHMSA should
consider before harmonizing with ICAO's standards for lithium cells and
batteries.
Issued in Washington, DC, on April 5, 2012.
R. Ryan Posten,
Deputy Associate Administrator.
[FR Doc. 2012-8550 Filed 4-10-12; 8:45 am]
BILLING CODE 4910-60-P
