[Federal Register: September 28, 2006 (Volume 71, Number 188)]
[Rules and Regulations]
[Page 56894-56895]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28se06-16]
[[Page 56894]]
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DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
49 CFR Part 172
[Docket No. 04-19886 (HM-224E)]
RIN 2137-AE05
Hazardous Materials: Prohibition on the Transportation of Primary
Lithium Batteries and Cells Aboard Passenger Aircraft
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.
ACTION: Final rule; correction.
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SUMMARY: PHMSA is correcting an error in an interim final rule,
published in the Federal Register on December 15, 2004. That interim
final rule imposed a limited prohibition on offering for transportation
and transportation of primary lithium batteries and cells as cargo
aboard passenger-carrying aircraft and equipment containing or packed
with large lithium batteries.
DATES: Effective date: October 1, 2006.
FOR FURTHER INFORMATION CONTACT: John A. Gale, Office of Hazardous
Materials Standards, (202) 366-8553, Pipeline and Hazardous Materials
Safety Administration, U.S. Department of Transportation, 400 Seventh
Street, SW., Washington, DC 20590-0001.
SUPPLEMENTARY INFORMATION:
I. Background
On December 15, 2004, the Pipeline and Hazardous Materials Safety
Administration (PHMSA, we) published an interim final rule under Docket
HM-224E (69 FR 75208). That final rule imposed a limited prohibition on
offering for transportation and transportation of primary lithium
batteries and cells as cargo aboard passenger-carrying aircraft and
equipment containing or packed with large lithium batteries.
This document corrects an error in the December 15, 2004 final
rule. In Special Provision A101 we imposed a gross weight limitation of
5 kilograms for primary lithium batteries packed with equipment that
were excepted from the prohibition for transportation aboard passenger-
carrying aircraft. We intended for this limit to be based on net
weight. A gross weight limitation applies to the total weight of the
packaging plus its contents (i.e., the weight of the equipment, battery
and the packaging). A net weight limitation applies only to the weight
of the lithium batteries packed with the equipment.
In this final rule, we are correcting Special Provision A101 to
specify that the net weight of a package containing a lithium battery
or cell that is packed with equipment may be transported on board
passenger carrying aircraft provided the net weight of the lithium
batteries in the package does not exceed 5 kg and the other conditions
set forth in the special provision are met. This limit does not affect
the amount of lithium authorized in a battery or a cell. Those limits
(i.e., 1 and 2 grams for liquid and solid untested batteries,
respectively, and 25 grams for tested batteries) are specified in Sec.
173.185(b) and (c). This amendment does not affect the aircraft
quantity limits for those lithium batteries that are transported as
Class 9.
We received 39 comments on the December 15, 2004, interim final
rule. We will address these comments in a future rulemaking action to
be published under this docket.
II. Regulatory Analyses and Notices
A. Executive Order 12866 and DOT Regulatory Policies and Procedures
This final rule is not considered a significant regulatory action
under section 3(f) of Executive Order 12866 and, therefore, was not
reviewed by the Office of Management and Budget. This rule is not
significant under the Regulatory Policies and Procedures of the
Department of Transportation (44 FR 11034). This final rule will not
result in increased compliance costs for hazardous materials shippers
or carriers; therefore, it is not necessary to prepare a regulatory
impact analysis.
B. Executive Order 13132
This final rule has been analyzed in accordance with the principles
and criteria in Executive Order 13132 (``Federalism''). This final rule
does not adopt any regulation that: (1) Has substantial direct effects
on the States, the relationship between the national government and the
States, or the distribution of power and responsibilities among the
various levels of government; (2) imposes substantial direct compliance
costs on State and local governments; or (3) preempts state law. PHMSA
is not aware of any State, local, or Indian tribe requirements that
would be preempted by making this minor regulatory change. This final
rule does not have sufficient federalism impacts to warrant the
preparation of a federalism assessment.
C. Executive Order 13175
This final rule has been analyzed in accordance with the principles
and criteria contained in Executive Order 13175 (``Consultation and
Coordination with Indian Tribal Governments''). Because this final rule
does not have tribal implications, does not impose substantial direct
compliance costs on Indian tribal governments, and does not preempt
tribal law, the funding and consultation requirements of Executive
Order 13175 do not apply, and a tribal summary impact statement is not
required.
D. Regulatory Flexibility Act, Executive Order 13272, and DOT
Procedures and Policies
I certify that this final rule will not have a significant economic
impact on a substantial number of small entities. This rule corrects an
error in the HMR. The correction will not impose any new requirements
on persons subject to the HMR; thus, there are no direct or indirect
adverse economic impacts for small units of government, businesses or
other organizations.
E. Unfunded Mandates Reform Act of 1995
This rule does not impose unfunded mandates under the Unfunded
Mandates Reform Act of 1995. It does not result in costs of $120.7
million or more to either State, local, or tribal governments, in the
aggregate, or to the private sector, and is the least burdensome
alternative that achieves the objective of the rule.
F. Paperwork Reduction Act
There are no new information collection requirements in this final
rule.
G. Environmental Impact Analysis
There are no environmental impacts associated with this final rule.
H. Regulation Identifier Number (RIN)
A regulation identifier number (RIN) is assigned to each regulatory
action listed in the Unified Agenda of Federal Regulations. The
Regulatory Information Service Center publishes the Unified Agenda in
April and October of each year. The RIN number contained in the heading
of this document can be used to cross-reference this action with the
Unified Agenda.
List of Subjects in 49 CFR Part 172
Education, Hazardous materials transportation, Hazardous waste,
Labeling, Markings, Packaging and containers, Reporting and
recordkeeping requirements.
0
In consideration of the foregoing, 49 CFR Chapter I is amended as
follows:
[[Page 56895]]
PART 172--HAZARDOUS MATERIALS TABLE, SPECIAL PROVISIONS, HAZARDOUS
MATERIALS COMMUNICATIONS, EMERGENCY RESPONSE INFORMATION, AND
TRAINING REQUIREMENT
0
1. The authority citation for part 172 continues to read as follows:
Authority: 49 U.S.C. 5101-5128, 44701; 49 CFR 1.53.
0
2. In Sec. 172.102, in paragraph (c)(2) Special Provision A101 is
revised to read as follows:
Sec. 172.102 Special provisions.
* * * * *
(c) * * *
(2) * * *
Code/Special Provisions
* * * * *
A101 A primary (non-rechargeable) lithium battery or cell packed
with equipment is forbidden for transport aboard a passenger carrying
aircraft unless:
a. The battery or cell complies with the requirements and
limitations of Sec. 173.185(b)(1), (b)(2), (b)(3), (b)(4) and (b)(6)
or Sec. 173.185(c)(1), (c)(2), (c)(3) and (c)(5) of this subchapter;
b. The package contains no more than the number of lithium
batteries or cells necessary to power the intended piece of equipment;
c. The equipment and the battery or cell are packed in a strong
packaging;
d. The net weight of the lithium batteries in the package does not
exceed 5 kg. Packages complying with the requirements of this special
provision are excepted from all other requirements of this subchapter.
* * * * *
Issued in Washington, DC on September 25, 2006, under authority
delegated in 49 CFR part 1.
Thomas J. Barrett,
Administrator.
[FR Doc. E6-15941 Filed 9-27-06; 8:45 am]
BILLING CODE 4910-60-P