[Federal Register: January 13, 2005 (Volume 70, Number 9)]
[Rules and Regulations]               
[Page 2367]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13ja05-26]                         


[[Page 2367]]

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DEPARTMENT OF TRANSPORTATION

Research and Special Programs Administration

49 CFR Parts 171, 172, 173, and 175

[Docket No. RSPA-04-19886 (HM-224E)]
RIN 2137-AE05

 
Hazardous Materials; Prohibition on the Transportation of Primary 
Lithium Batteries and Cells Aboard Passenger Aircraft; Notice of Public 
Meeting

AGENCY: Research and Special Programs Administration (RSPA), DOT.

ACTION: Notice of public meeting.

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SUMMARY: This notice announces a public meeting to be held on January 
27, 2005, to solicit public comments on amendments to the Hazardous 
Materials Regulations adopted by RSPA in an interim final rule 
published on December 15, 2004. This interim final rule imposed a 
limited prohibition on offering for transportation and transportation 
of primary (non-rechargeable) lithium batteries and cells as cargo 
aboard passenger-carrying aircraft.

DATES: Comments date. Submit comments for presentation at the public 
meeting by January 20, 2005. We will consider comments received during 
this public meeting in making our decision on a final rule. Submit 
comments on the interim final rule by February 14, 2005.
    Public Meeting Date. The public meeting will be held from 9:30 a.m. 
to 4 p.m. on Thursday, January 27, 2005.

ADDRESSES: Public Meeting. The public meeting will be held in Room 2230 
at the U.S. Department of Transportation Headquarters Building, 400 
Seventh Street, SW., Washington, DC. For information on facilities or 
services for persons with disabilities or to request special assistance 
at the meeting, please contact Mr. Darral Relerford at 202-366-8553 as 
soon as possible.
    Comments. Written comments on the interim final rule may be 
submitted at the public meeting, or sent by mail to Dockets Management 
System, U.S. Department of Transportation PL-401, 400 Seventh Street, 
SW., Washington, DC 20590-0001. Comments should identify Docket Number 
RSPA-04-19886 (HM-224E) and be submitted in 2 copies. Comments may also 
be hand delivered to PL-401 on the Plaza level of the Nassif Building, 
400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays. You may also provide 
electronic comments via the DOT Web site at: http://dms.dot.gov. Follow 

the instructions for submitting comments on the DOT electronic docket 
site.

FOR FURTHER INFORMATION CONTACT: Darral Relerford (202) 366-8553, 
Office of Hazardous Materials Standards, (202) 366-8553, Research and 
Special Programs Administration: or John A. Gale, (202) 366-8553, 
Office of Hazardous Materials Standards, (202) 366-8553, Research and 
Special Programs Administration. Any person wishing to present an oral 
statement at the public meeting should notify Mr. Relerford before the 
public meeting.

SUPPLEMENTARY INFORMATION:

Background

    On December 15, 2004, the Research and Special Programs 
Administration (RSPA, we) published an interim final rule (IFR) (69 FR 
75207) under Docket RSPA-04-19886 (HM-224E) imposing a limited 
prohibition on offering for transportation and transportation of 
primary (non-rechargeable) lithium batteries and cells as cargo aboard 
passenger-carrying aircraft and equipment containing or packed with 
large primary lithium batteries. These prohibitions took effect on 
December 29, 2004. The IFR applies to both foreign and domestic 
passenger-carrying aircraft entering, leaving, or operating in the 

United States and to persons offering primary lithium batteries and 
cells for transportation as cargo on any passenger-carrying aircraft. 
The IFR allows the carriage of lithium batteries or devices containing 
lithium batteries that are transported for personal use by a passenger 
in carry-on or checked luggage, with certain limits. In addition, the 
IFR allows the shipment of equipment that contains or is packed with 
small primary lithium batteries with certain limits, and the continued 
shipment of secondary (rechargeable) lithium batteries (e.g., lithium 
ion batteries). The IFR also requires packages of primary lithium 
batteries and cells that are excepted from classification as a Class 9 
(miscellaneous) hazardous material, to be marked when offered for 
transport as cargo in any mode, to indicate that they are forbidden for 
transport aboard passenger-carrying aircraft.

Public Meeting

    To facilitate public comments on the IFR, we are hosting a public 
meeting on January 27, 2005. The public meeting will provide an 
informal forum for interested persons to offer comments on the HM-224E 
IFR. A transcript of this meeting will be prepared and submitted to the 
docket. We anticipate significant public interest in this rulemaking; 
therefore, we ask that you limit your remarks to 10 minutes to assure 
that all participants have an opportunity to speak. The meeting may 
conclude earlier than scheduled if all persons wishing to offer 
comments have been heard.

    Issued in Washington, DC on January 7, 2005.
Frits Wybenga,
Deputy Associate Administrator for Hazardous Materials Safety.
[FR Doc. 05-736 Filed 1-12-05; 8:45 am]

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