Hazardous Materials: Transportation of Lithium Batteries, 9217-9218 [2015-03500]

Download as PDF Rmajette on DSK2VPTVN1PROD with RULES Federal Register / Vol. 80, No. 34 / Friday, February 20, 2015 / Rules and Regulations Order 13211, entitled ‘‘Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use’’ (66 FR 28355, May 22, 2001) or Executive Order 13045, entitled ‘‘Protection of Children from Environmental Health Risks and Safety Risks’’ (62 FR 19885, April 23, 1997). This action does not contain any information collections subject to OMB approval under the Paperwork Reduction Act (PRA), 44 U.S.C. 3501 et seq., nor does it require any special considerations under Executive Order 12898, entitled ‘‘Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations’’ (59 FR 7629, February 16, 1994). Since tolerances and exemptions that are established on the basis of a petition under FFDCA section 408(d), such as the tolerance exemption in this final rule, do not require the issuance of a proposed rule, the requirements of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et seq.), do not apply. This action directly regulates growers, food processors, food handlers, and food retailers, not States or tribes, nor does this action alter the relationships or distribution of power and responsibilities established by Congress in the preemption provisions of FFDCA section 408(n)(4). As such, the Agency has determined that this action will not have a substantial direct effect on States or tribal governments, on the relationship between the national government and the States or tribal governments, or on the distribution of power and responsibilities among the various levels of government or between the Federal Government and Indian Tribes. Thus, the Agency has determined that Executive Order 13132, entitled ‘‘Federalism’’ (64 FR 43255, August 10, 1999) and Executive Order 13175, entitled ‘‘Consultation and Coordination with Indian Tribal Governments’’ (65 FR 67249, November 9, 2000) do not apply to this action. In addition, this action does not impose any enforceable duty or contain any unfunded mandate as described under Title II of the Unfunded Mandates Reform Act (UMRA) (2 U.S.C. 1501 et seq.). This action does not involve any technical standards that would require Agency consideration of voluntary consensus standards pursuant to section 12(d) of the National Technology Transfer and Advancement Act (NTTAA) (15 U.S.C. 272 note). V. Congressional Review Act Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.), EPA will VerDate Sep<11>2014 12:44 Feb 19, 2015 Jkt 235001 submit a report containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. This action is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). List of Subjects in 40 CFR Part 180 Environmental protection, Administrative practice and procedure, Agricultural commodities, Pesticides and pests, Reporting and recordkeeping requirements. Dated: February 4, 2015. Jack E. Housenger, Director, Office of Pesticide Programs. Therefore, 40 CFR chapter I is amended as follows: PART 180—[AMENDED] 1. The authority citation for part 180 continues to read as follows: ■ Authority: 21 U.S.C. 321(q), 346a and 371. 2. Add § 180.1329 to subpart D to read as follows: ■ § 180.1329 Bacillus subtilis strain IAB/ BS03, exemption from the requirement of a tolerance. An exemption from the requirement of a tolerance is established for residues of Bacillus subtilis strain IAB/BS03 in or on all food commodities when used in accordance with label directions and good agricultural practices. [FR Doc. 2015–03465 Filed 2–19–15; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF TRANSPORTATION Pipeline and Hazardous Materials Safety Administration 49 CFR Parts 171, 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: Final rule; extension of compliance date. AGENCY: PHMSA is extending for modes of transportation other than air the mandatory compliance date of a final rule published on August 6, 2014, under Docket No. HM–224F from February 6, 2015, until August 7, 2015. This extension is made in response to SUMMARY: PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 9217 formal comments received from multiple stakeholders outlining challenges faced by the regulated community in fully implementing the provisions of the final rule by the February 6, 2015 mandatory compliance date. DATES: The compliance date for the final rule published August 6, 2014, at 79 FR 46012, is extended until August 7, 2015. FOR FURTHER INFORMATION CONTACT: Vincent Babich or Steven Webb Standards and Rulemaking Division, Pipeline and Hazardous Materials Safety Administration, telephone (202) 366– 8553. SUPPLEMENTARY INFORMATION: On August 6, 2014 [79 FR 46012], PHMSA in consultation with the Federal Aviation Administration (FAA) published a final rule under Docket No. PHMSA–2009– 0095 (HM–224F) modifying requirements governing the transportation of lithium cells and batteries. The final rule revised hazard communication and packaging provisions for lithium batteries to harmonize the Hazardous Materials Regulations (HMR; CFR parts 171–180) with applicable provisions of the United Nations (UN) Model Regulations, the International Civil Aviation Organization’s Technical Instructions for the Safe Transport of Dangerous Goods by Air (ICAO Technical Instructions) and the International Maritime Dangerous Goods (IMDG) Code. In the August 6, 2014 final rule, PHMSA authorized a mandatory compliance date of February 6, 2015 (six months after publication in the Federal Register) for shippers to incorporate the new requirements into standard operating procedures and complete training of affected personnel. The Retail Industry Leaders Association, the Food Marketing Institute, the National Retail Federation, and the Rechargeable Battery Association submitted a joint request for an extension of six months to the current mandatory compliance date. These groups contend that the six month transitional period adopted in the final rule did not provide sufficient time to comply with the new requirements and has proven extremely challenging for the retail industry to implement in particular for surface transportation. The request notes that ‘‘generally, the new regulations require that domestic ground shipments of products with lithium batteries adhere to shipping standards previously only required for international air and sea transportation’’. The groups further note that the detailed information necessary for compliance, such as the specific E:\FR\FM\20FER1.SGM 20FER1 Rmajette on DSK2VPTVN1PROD with RULES 9218 Federal Register / Vol. 80, No. 34 / Friday, February 20, 2015 / Rules and Regulations number of lithium cells or batteries contained in a package and whether a package contains lithium ion or lithium metal cells or batteries, as required by § 173.185(c)(3), does not currently exist in any format that the retail sector can access and utilize. In addition the requestors state that tens of thousands of consumer products may be impacted by the rule, and estimate that to date, the necessary information has been obtained from retail suppliers for less than 25% of the affected products. Furthermore, they relate that since August 2014, retail businesses and their suppliers have been working diligently to develop information technology (IT) systems and business processes to identify consumer products impacted by the regulation. Systematic solutions are being developed but will take additional time to implement. They estimate that a minimum of six additional months is necessary to identify all affected products and build the IT infrastructure necessary to effectively implement the regulations. Finally, the commenters point out that the new provisions require the developing, tracking, and implementing of training programs for hundreds of thousands of employees to enable them to execute the nuanced marking and labeling requirements of the final rule. PHMSA appreciates the additional information submitted and has reviewed the information in conjunction with the information considered during the rulemaking process. Based on this review, PHMSA believes the additional arguments and justification provided by the commenters have merit and that an extension of the mandatory compliance date for modes of transportation other than aircraft is warranted. PHMSA recognizes that the primary focus of the HM–224F final rulemaking as outlined in published notices preceding the final rule was to align the requirements of the HMR for air transportation of lithium batteries with those of the ICAO Technical Instructions. PHMSA believes that maintaining the February 6, 2015 compliance date for air transport is appropriate and important for aviation safety and is therefore maintaining the February 6, 2015 effective date for offering, acceptance, and transportation by aircraft. Therefore, in consultation with the FAA and consistent with the information set forth in the joint request, this extension does not apply to transportation by aircraft. In the event an air carrier becomes aware of a noncompliant shipment offered to it, the air carrier should report the incident to the FAA in addition to taking specific actions required by the regulations as to VerDate Sep<11>2014 12:44 Feb 19, 2015 Jkt 235001 that shipment. For questions regarding reporting of such incidents, carriers may contact the nearest FAA Regional or Field Security Office by telephone or electronically. In summary, in response to commenters’ requests PHMSA is extending the mandatory compliance date for the final rule published under Docket No. HM–224F on August 6, 2014, until August 7, 2015 for all modes other than transportation by aircraft to allow additional time to implement the requirements of the rule. The mandatory compliance date of February 6, 2015 remains in effect with respect to offering, acceptance and transportation by aircraft. Issued in Washington, DC, on February 13, 2015 under authority delegated in 49 CFR 1.97. Timothy P. Butters, Acting Administrator. [FR Doc. 2015–03500 Filed 2–19–15; 8:45 am] BILLING CODE 4910–60–P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service [Docket No. FWS–R6–ES–2014–0059; FXES11130900000C2–156–FF09E42000] RIN 1018–BA64 Endangered and Threatened Wildlife and Plants; Reinstatement of Final Rules for the Gray Wolf in Wyoming and the Western Great Lakes in Compliance With Court Orders Fish and Wildlife Service, Interior. ACTION: Final rule. AGENCY: We, the U.S. Fish and Wildlife Service (Service), are issuing this final rule to comply with court orders that reinstate the regulatory protections under the Endangered Species Act of 1973, as amended (ESA), for the gray wolf (Canis lupus) in Wyoming and the western Great Lakes. Pursuant to the U.S. District Court for the District of Columbia court order dated September 23, 2014, this rule reinstates the April 2, 2009 (74 FR 15123), final rule regulating the gray wolf in the State of Wyoming as a nonessential experimental population. Gray wolves in Montana, Idaho, the eastern third of Washington and Oregon, and north-central Utah retain their delisted status and are not impacted by this final rule. In addition, pursuant to the U.S. District Court for the District of Columbia court order dated December SUMMARY: Frm 00030 Fmt 4700 This action is effective February 20, 2015. The September 23, 2014, court order reinstated the April 2, 2009, final rule designating the gray wolf in Wyoming as a nonessential experimental population immediately upon its filing. The court order regarding wolves in the western Great Lakes had legal effect immediately upon its filing on December 19, 2014. The Director has further determined, pursuant to 5 U.S.C. 553(d), that the Service has good cause to make this rule effective upon publication. DATES: This final rule is available: • Electronically at https:// www.regulations.gov in Docket No. FWS–R6–ES–2014–0059; • From U.S. Fish and Wildlife Service, Mountain-Prairie Region Office, Ecological Services Division, 134 Union Blvd., Lakewood, CO 80228; telephone 303–236–7400; or • From U.S. Fish and Wildlife Service, Midwest Region Office, 5600 American Blvd. West, Suite 990, Bloomington, MN 55437; telephone 612–713–5360. Persons who use a telecommunications device for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 800–877–8339. ADDRESSES: 50 CFR Part 17 PO 00000 19, 2014, this rule reinstates the March 9, 1978 (43 FR 9607), final rule as it relates to gray wolves in the western Great Lakes including endangered status for gray wolves in all of Wisconsin and Michigan, the eastern half of North Dakota and South Dakota, the northern half of Iowa, the northern portions of Illinois and Indiana, and the northwestern portion of Ohio; threatened status for gray wolves in Minnesota; critical habitat for gray wolves in Minnesota and Michigan; and the rule promulgated under section 4(d) of the ESA for gray wolves in Minnesota. Sfmt 4700 For information on wolves in Wyoming, contact Mike Jimenez, Northern Rocky Mountains Gray Wolf Recovery Coordinator, U.S. Fish and Wildlife Service, P.O. Box 8135, Missoula, MT 59807; by telephone 307–330–5631. For information on wolves in the western Great Lakes, contact Laura Ragan, Regional Listing Coordinator, U.S. Fish and Wildlife Service, 5600 American Blvd. West, Suite 990, Bloomington, MN 55437; by telephone 612–713–5350. Individuals who are hearing-impaired or speech-impaired may call the Federal Relay Service at 800–877–8337 for TTY assistance. FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: E:\FR\FM\20FER1.SGM 20FER1

Agencies

[Federal Register Volume 80, Number 34 (Friday, February 20, 2015)]
[Rules and Regulations]
[Pages 9217-9218]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-03500]


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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

49 CFR Parts 171, 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: Final rule; extension of compliance date.

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SUMMARY: PHMSA is extending for modes of transportation other than air 
the mandatory compliance date of a final rule published on August 6, 
2014, under Docket No. HM-224F from February 6, 2015, until August 7, 
2015. This extension is made in response to formal comments received 
from multiple stakeholders outlining challenges faced by the regulated 
community in fully implementing the provisions of the final rule by the 
February 6, 2015 mandatory compliance date.

DATES: The compliance date for the final rule published August 6, 2014, 
at 79 FR 46012, is extended until August 7, 2015.

FOR FURTHER INFORMATION CONTACT: Vincent Babich or Steven Webb 
Standards and Rulemaking Division, Pipeline and Hazardous Materials 
Safety Administration, telephone (202) 366-8553.

SUPPLEMENTARY INFORMATION: On August 6, 2014 [79 FR 46012], PHMSA in 
consultation with the Federal Aviation Administration (FAA) published a 
final rule under Docket No. PHMSA-2009-0095 (HM-224F) modifying 
requirements governing the transportation of lithium cells and 
batteries. The final rule revised hazard communication and packaging 
provisions for lithium batteries to harmonize the Hazardous Materials 
Regulations (HMR; CFR parts 171-180) with applicable provisions of the 
United Nations (UN) Model Regulations, the International Civil Aviation 
Organization's Technical Instructions for the Safe Transport of 
Dangerous Goods by Air (ICAO Technical Instructions) and the 
International Maritime Dangerous Goods (IMDG) Code. In the August 6, 
2014 final rule, PHMSA authorized a mandatory compliance date of 
February 6, 2015 (six months after publication in the Federal Register) 
for shippers to incorporate the new requirements into standard 
operating procedures and complete training of affected personnel.
    The Retail Industry Leaders Association, the Food Marketing 
Institute, the National Retail Federation, and the Rechargeable Battery 
Association submitted a joint request for an extension of six months to 
the current mandatory compliance date. These groups contend that the 
six month transitional period adopted in the final rule did not provide 
sufficient time to comply with the new requirements and has proven 
extremely challenging for the retail industry to implement in 
particular for surface transportation. The request notes that 
``generally, the new regulations require that domestic ground shipments 
of products with lithium batteries adhere to shipping standards 
previously only required for international air and sea 
transportation''. The groups further note that the detailed information 
necessary for compliance, such as the specific

[[Page 9218]]

number of lithium cells or batteries contained in a package and whether 
a package contains lithium ion or lithium metal cells or batteries, as 
required by Sec.  173.185(c)(3), does not currently exist in any format 
that the retail sector can access and utilize. In addition the 
requestors state that tens of thousands of consumer products may be 
impacted by the rule, and estimate that to date, the necessary 
information has been obtained from retail suppliers for less than 25% 
of the affected products. Furthermore, they relate that since August 
2014, retail businesses and their suppliers have been working 
diligently to develop information technology (IT) systems and business 
processes to identify consumer products impacted by the regulation. 
Systematic solutions are being developed but will take additional time 
to implement. They estimate that a minimum of six additional months is 
necessary to identify all affected products and build the IT 
infrastructure necessary to effectively implement the regulations. 
Finally, the commenters point out that the new provisions require the 
developing, tracking, and implementing of training programs for 
hundreds of thousands of employees to enable them to execute the 
nuanced marking and labeling requirements of the final rule.
    PHMSA appreciates the additional information submitted and has 
reviewed the information in conjunction with the information considered 
during the rulemaking process. Based on this review, PHMSA believes the 
additional arguments and justification provided by the commenters have 
merit and that an extension of the mandatory compliance date for modes 
of transportation other than aircraft is warranted. PHMSA recognizes 
that the primary focus of the HM-224F final rulemaking as outlined in 
published notices preceding the final rule was to align the 
requirements of the HMR for air transportation of lithium batteries 
with those of the ICAO Technical Instructions. PHMSA believes that 
maintaining the February 6, 2015 compliance date for air transport is 
appropriate and important for aviation safety and is therefore 
maintaining the February 6, 2015 effective date for offering, 
acceptance, and transportation by aircraft. Therefore, in consultation 
with the FAA and consistent with the information set forth in the joint 
request, this extension does not apply to transportation by aircraft. 
In the event an air carrier becomes aware of a non-compliant shipment 
offered to it, the air carrier should report the incident to the FAA in 
addition to taking specific actions required by the regulations as to 
that shipment. For questions regarding reporting of such incidents, 
carriers may contact the nearest FAA Regional or Field Security Office 
by telephone or electronically.
    In summary, in response to commenters' requests PHMSA is extending 
the mandatory compliance date for the final rule published under Docket 
No. HM-224F on August 6, 2014, until August 7, 2015 for all modes other 
than transportation by aircraft to allow additional time to implement 
the requirements of the rule. The mandatory compliance date of February 
6, 2015 remains in effect with respect to offering, acceptance and 
transportation by aircraft.

    Issued in Washington, DC, on February 13, 2015 under authority 
delegated in 49 CFR 1.97.
Timothy P. Butters,
Acting Administrator.
[FR Doc. 2015-03500 Filed 2-19-15; 8:45 am]
BILLING CODE 4910-60-P