Pipeline and Hazardous Materials Safety Administration (PHMSA), DOT.
Notice of public meeting.
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.
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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.
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
• Adopt shipping descriptions for lithium ion batteries
• 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.
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.