42952 Federal Register / Vol. 74, No. 163 / Tuesday, August 25, 2009 / Notices 

The text of the 60-day notice of the 

proposed extension of this ICB, 

published on May 28, 2009 (74 FR 

25607), failed to cite the Motor Carrier 

Act of 1935, upon which this ICR is 

primarily based. Today’s authority for 

this driver training activity is cited 

correctly and as it should have been 

cited in that notice. There has been no 

change in the statutory authority for this 

training since publication of the 60-day 

notice. For a more details of the 

Agency’s analysis, see the section titled, 

‘‘Legal Basis for the Rulemaking,’’ on 

the first page of the Notice of Proposed 

Rulemaking titled, ‘‘Minimum Training 

Requirements for Entry-Level CMV 

Operators’’ (72 FR 73226, December 26, 

2007). 

On May 21, 2004, by final rule, 

FMCSA mandated training for all 

interstate CDL operators in four subject 

areas, effective July 20, 2004 (69 FR 

29384). In 2005, the final rule was 

challenged in the U.S. Court of Appeals 

for the D.C. Circuit. While the court 

ordered a remand so the Agency could 

review the matter, the court did not 

vacate the rule. Consequently, the 2004 

final rule is currently in effect 

(Advocates for Highway and Auto 

Safety v. Federal Motor Carrier Safety 

Administration, 429 F. 3d 1136 (D.C.Cir. 

2005). 

Public Comments Invited: You are 

asked to comment on any aspect of this 

information collection request, 

including: (1) Whether the proposed 

collection is necessary for the FMCSA’s 

performance of functions; (2) the 

accuracy of the estimated burden; (3) 

ways for the FMCSA to enhance the 

quality, usefulness, and clarity of the 

collected information; and (4) ways that 

the burden could be minimized without 

reducing the quality of the collected 

information. 

Issued on: August 18, 2009. 

David Anewalt, 

Acting Associate Administrator for Research 

and Information Technology. 

[FR Doc. E9–20391 Filed 8–24–09; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Pipeline and Hazardous Materials 

Safety Administration 

[Docket No. PHMSA–2009–0253; Notice No. 

09–4] 

Notice of Approval: Lithium Battery 

Shipping Descriptions 

AGENCY: Pipeline and Hazardous 

Materials Safety Administration 

(PHMSA). 

ACTION: Notice of approval. 

SUMMARY: PHMSA is authorizing 

persons who offer lithium metal and 

lithium ion cells and batteries for 

transportation in commerce, and 

persons who transport lithium metal 

and lithium ion cells and batteries in 

commerce, to describe those articles in 

the same manner as recently adopted in 

international regulations. PHMSA will 

consider adopting these alternate 

shipping descriptions into the 

Hazardous Materials Regulations at a 

future date. 

DATES: Effective Date: This notice of 

approval is effective August 25, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Donald Burger, Office of Hazardous 

Materials Special Permits and 

Approvals, Pipeline and Hazardous 

Materials Safety Administration, U.S. 

Department of Transportation, East 

Building, 1200 New Jersey Avenue, SE., 

Washington, DC 20590–0001, telephone 

(202) 366–4535. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The § 172.101 Hazardous Materials 

Table (HMT) in the Hazardous Material 

Regulations (HMR; 49 CFR Parts 171– 

180) contains the following entries for 

lithium batteries, which apply to both 

lithium metal (primary; nonrechargeable) and lithium ion 

(secondary; rechargeable) batteries: 

Lithium battery ............................................................................................................................. 9 UN3090 PG II 

Lithium batteries contained in equipment .................................................................................... 9 UN3091 PG II 

Lithium batteries packed with equipment .................................................................................... 9 UN3091 PG II 

In 2006, the United Nations 

Committee of Experts on the Transport 

of Dangerous Goods adopted separate 

entries for lithium metal and lithium 

ion batteries (see chart below) into the 

dangerous goods list in the Fifteenth 

revised edition of the UN 

Recommendations on the Transport of 

Dangerous Goods, in order to 

distinguish lithium metal from lithium 

ion batteries. The International Civil 

Aviation Organization (ICAO) and the 

International Maritime Organization 

subsequently adopted these entries into 

their respective dangerous goods lists. 

We did not adopt these new shipping 

descriptions for lithium batteries in a 

final rule published January 14, 2009 

under Dockets HM–224D and HM–215J 

(74 FR 2200) harmonizing the HMR 

with recent changes to international 

regulations because we had not 

proposed these changes in the notice of 

proposed rulemaking (NPRM) (73 FR 

44803; July 31, 2008). In response to 

comments to the NPRM that urged 

PHMSA to adopt the separate entries for 

lithium metal and lithium ion batteries, 

we noted that the HMR permit 

compliance with the ICAO Technical 

Instructions for the Safe Transport of 

Dangerous Goods by Air (Technical 

Instructions). Thus, the separate 

shipping descriptions for lithium metal 

and lithium ion batteries may be used 

for air transportation, both domestically 

and internationally, and for 

transportation by motor vehicle and rail 

immediately before or after being 

transported by aircraft. [74 FR 2207] We 

also stated we planned to complete an 

assessment of the costs and benefits of 

further restrictions and available 

alternatives before developing 

additional lithium battery rulemaking 

proposals and therefore, PHMSA did 

not adopt changes to the lithium battery 

requirements including the separate 

shipping descriptions. [74 FR 2207] 

Since that time, we have concluded 

that assigning the same shipping 

descriptions to both lithium metal and 

lithium ion batteries, which are 

regulated differently based on 

differences in chemistry, functionality, 

and behavior when exposed to a fire, 

causes significant problems in 

acceptance procedures for carriers and 

may unnecessarily hinder or delay the 

transportation of these products. While 

the HMR permit the use of the ICAO 

Technical Instructions as well as the 

International Maritime Dangerous 

Goods Code (IMDG Code) for domestic 

transportation when a portion of the 

transportation is by aircraft or vessel, 

subsequent domestic transportation of 

packages containing lithium batteries 

remains difficult. 

PHMSA is currently working on a 

rulemaking intended to enhance the safe 

transportation of lithium batteries. As 

part of this rulemaking, we are 

considering adoption of the 

international shipping descriptions for 

lithium metal and lithium ion batteries. 

To facilitate commerce, however, 

PHMSA believes shippers should be 


pwalker on DSK8KYBLC1PROD with NOTICES
Federal Register / Vol. 74, No. 163 / Tuesday, August 25, 2009 / Notices 42953 

permitted to use the international 

lithium battery shipping descriptions 

for the domestic transportation of 

lithium batteries even though the 

shipping descriptions have not been 

adopted into the HMR. 

Section 172.101(l)(2) of the HMR 

permits alterations to the shipping 

descriptions in the HMT with prior 

written approval of the Associate 

Administrator for Hazardous Materials 

Safety. In accordance with 

§ 172.101(l)(2), PHMSA is authorizing 

use of the lithium battery shipping 

descriptions (i.e., the lithium battery 

hazardous materials descriptions and 

UN identification numbers) that have 

been adopted into dangerous goods lists 

in the international regulations as 

alternatives to the lithium battery 

hazardous materials descriptions and 

UN identification numbers currently 

authorized in the HMT, effective as of 

the date of publication of this notice in 

the Federal Register. For clarity, the 

following chart provides a comparative 

list of the current shipping descriptions 

in the HMT and the corresponding 

international shipping descriptions that 

may be used. 

HMR Shipping Description International Shipping Description 

Lithium battery ...................................................................... UN3090 Lithium ion batteries including lithium ion polymer batteries UN3480 

Lithium metal batteries including lithium alloy batteries ...... UN3090 

Lithium batteries contained in equipment ............................. UN3091 Lithium ion batteries contained in equipment including lithium ion polymer batteries.UN3481 

Lithium metal batteries, contained in equipment including 

lithium alloy batteries.

UN3091 

Lithium batteries packed with equipment ............................. UN3091 Lithium ion batteries packed with equipment including lithium ion polymer batteries.UN3481 

Lithium metal batteries packed with equipment including 

lithium alloy batteries.

UN3091 

II. Approval 

Regulatory Authority 

Authority is granted under 49 CFR 

172.101(l)(2) to persons who offer 

lithium metal and lithium ion cells and 

batteries for transportation in 

commerce, and persons who transport 

lithium metal and lithium ion cells and 

batteries in commerce, to use the 

following hazardous materials 

descriptions and UN identification 

numbers as alternatives to the 

hazardous materials descriptions and 

UN identification numbers set forth in 

the 49 CFR 172.101 Hazardous Materials 

Table, as applicable: 

Lithium ion batteries contained 

in equipment including lithium ion polymer batteries ....... UN3481 

Lithium ion batteries including 

lithium ion polymer batteries UN3480 

Lithium ion batteries packed 

with equipment including lithium ion polymer batteries ....... UN3481 

Lithium metal batteries contained in equipment including 

lithium alloy batteries ............. UN3091 

Lithium metal batteries including lithium alloy batteries ....... UN3090 

Lithium metal batteries packed 

with equipment including lithium alloy batteries ................... UN3091 

For the convenience of the user of this 

approval, the complete entries with the 

authorized alternative hazardous 

materials descriptions and UN 

identification numbers are as follows: 


pwalker on DSK8KYBLC1PROD with NOTICES
42954 Federal Register / Vol. 74, No. 163 / Tuesday, August 25, 2009 / Notices § 172.101 HAZARDOUS

MATERIAL

TABLE

Symbols Hazardous materials descriptions and proper shipping names Hazard class or division Identifica- tion Nos. PG Label codes Special provisions (§ 172.102) 

Packaging (§ 173.***) Quantity limitations Vessel stowage 

Exceptions Non-bulk Bulk 

Passenger 

aircraft/ 

rail 

Cargo 

aircraft 

only 

Location Other 

(1) (2) (3) (4) (5) (6) (7) (8A) (8B) (8C) (9A) (9B) (10A) (10B) 

Lithium ion batteries contained in 

equipment including lithium ion polymer batteries.

9 ............ UN3481 II ............ 9 ............ 29, 188, 189, 190, A54, A55, 

A104.

185 ........ 185 ........ None ..... See 

A104.

35 kg ..... A. 

Lithium ion batteries including lithium ion polymer batteries. 9 ............ UN3480 II ............ 9 ............ 29, 188, 189,190, A54, A55, A100 185 ........ 185 ........ None ..... See A100. 35 kg gross. A. Lithium ion batteries packed with 

equipment including lithium ion polymer batteries.

9 ............ UN3481 II ............ 9 ............ 29, 188, 189, 190, A54, A55, 

A103.

185 ........ 185 ........ None ..... See 

A103.

35 kg 

gross.

A. 

Lithium metal batteries contained 

in equipment including lithium alloy batteries.

9 ............ UN3091 II ............ 9 ............ 29, 188, 189, 190, A54, A55, 

A101, A104.

185 ........ 185 ........ None ..... See 

A101.

35 kg ..... A. 

Lithium metal batteries including 

lithium alloy batteries.

9 ............ UN3090 II ............ 9 ............ 29, 188, 189,190, A54, A55, A100 185 ........ 185 ........ None ..... Forbidden. 

See A100.

35 kg 

gross.

A. 

Lithium metal batteries packed 

with equipment including lithium alloy batteries.

9 ............ UN3091 II ............ 9 ............ 29, 188, 189, 190, A54, A55, 

A101, A103.

185 ........ 185 ........ None ..... See 

A101.

35 kg 

gross.

A. 


pwalker on DSK8KYBLC1PROD with NOTICES
Federal Register / Vol. 74, No. 163 / Tuesday, August 25, 2009 / Notices 42955 

Conditions for Approval 

This notice of approval does not 

provide relief from any other 

requirements of the Hazardous Materials 

Regulations (49 CFR Parts 171–180) 

except as stated herein. Lithium metal 

batteries continue to be prohibited 

onboard passenger-carrying aircraft 

except as provided in Special Provision 

A101 of § 172.101(c)(2). This approval is 

effective August 25, 2009 until 

terminated by the Associate 

Administrator for Hazardous Materials 

Safety. 

Modes of Transportation Authorized 

Motor vehicle, passenger and cargo 

aircraft, cargo vessel, and rail. 

General Provisions 

Failure by any person using this 

approval to comply with the terms and 

conditions of this approval or the HMR 

may result in suspension or termination 

of the authority to use this approval. 

Failure to comply may also subject 

persons to penalties prescribed in 49 

U.S.C. 5123 and 5124. 

Issued in Washington, DC, on August 18, 

2009. 

Robert Richard, 

Acting Associate Administrator for 

Hazardous Materials Safety. 

[FR Doc. E9–20343 Filed 8–24–09; 8:45 am] 

BILLING CODE 4910–60–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

Petition for Waiver of Compliance 

In accordance with part 211 of Title 

49 Code of Federal Regulations (CFR), 

notice is hereby given that the Federal 

Railroad Administration (FRA) has 

received a request for a waiver of 

compliance from certain requirements 

of its safety standards. The individual 

petition is described below, including 

the party seeking relief, the regulatory 

provisions involved, the nature of the 

relief being requested, and the 

petitioner’s arguments in favor of relief. 

SMS Rail Service (Waiver Petition 

Docket Number FRA–2009–0068) 

The SMS Rail Service (SLRS) seeks a 

waiver from compliance of certain 

provisions of the Federal hours of 

service law (49 U.S.C. Chapter 211; 

HSL). Specifically, SLRS requests relief 

from 49 U.S.C. § 21103(a)(4) which 

states that a train employee may not be 

required or allowed to remain or go on 

duty after that employee has initiated an 

on-duty period each day for 6 

consecutive days, unless that employee 

has had at least 48 hours off duty at the 

employee’s home terminal. 

SLRS is not unionized and is not 

subject to any collective bargaining 

agreements. In current operations, SLRS 

train employees voluntarily work 6 days 

per week. Under the provisions of 

U.S.C. § 21103(a)(4), these employees 

would be prohibited from returning to 

duty without 48 hours off duty 

following the volunteer day. The entire 

SLRS petition may be viewed at 

http://www.regulations.gov under the 

docket number listed above. 

The HSL, at 49 U.S.C. 21108(a), 

contemplates that any request for a 

waiver from its requirements will be a 

joint waiver involving the relevant 

railroad carrier(s) and nonprofit 

employee labor organization(s) 

representing the class or craft of directly 

affected covered service employees. 

Because SLRS’s covered service 

employees are not represented by any 

employee labor organization, SLRS’s 

waiver request is made solely by the 

carrier. FRA recognizes that the intent of 

49 U.S.C. 21108(a) is to ensure that 

covered service employees are provided 

meaningful input into any potential 

waiver of the HSL that would affect 

their work schedules. Accordingly, 

before considering the requested relief, 

FRA is requiring that within 30 days of 

the publication date of this notice, SLRS 

submit evidence to the docket 

demonstrating that it has sought 

employee input into the waiver request, 

what that employee input was, and that 

it has provided each covered employee 

affected by the request with a copy of 

the waiver petition, along with 

information on how to submit 

comments to FRA on the request. FRA 

will consider this additional 

information, along with all other 

relevant factors, in determining whether 

granting the requested relief would be in 

the public interest and consistent with 

railroad safety. 

Interested parties are invited to 

participate in these proceedings by 

submitting written views, data, or 

comments. FRA does not anticipate 

scheduling a public hearing in 

connection with these proceedings since 

the facts do not appear to warrant a 

hearing. If any interested party desires 

an opportunity for oral comment, they 

should notify FRA, in writing, before 

the end of the comment period and 

specify the basis for their request. 

All communications concerning these 

proceedings should identify the 

appropriate docket number (e.g., Waiver 

Petition Docket Number FRA–2009– 

0068) and may be submitted by any of 

the following methods: 

• Web site: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

• Fax: 202–493–2251. 

• Mail: Docket Operations Facility, 

U.S. Department of Transportation, 1200 

New Jersey Avenue, SE., W12–140, 

Washington, DC 20590. 

• Hand Delivery: 1200 New Jersey 

Avenue, SE., Room W12–140, 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

Communications received within 45 

days of the date of this notice will be 

considered by FRA before final action is 

taken. Comments received after that 

date will be considered as far as 

practicable. All written communications 

concerning these proceedings are 

available for examination during regular 

business hours (9 a.m.–5 p.m.) at the 

above facility. All documents in the 

public docket are also available for 

inspection and copying on the Internet 

at the docket facility’s Web site at 

http://www.regulations.gov. 

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 

comment (or signing the comment, 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). 

Issued in Washington, DC on August 18, 

2009. 

John Leeds, 

Director, Office of Safety Analysis. 

[FR Doc. E9–20428 Filed 8–24–09; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

Petition for Waiver of Compliance 

In accordance with Part 211 of Title 

49 Code of Federal Regulations (CFR), 

notice is hereby given that the Federal 

Railroad Administration (FRA) has 

received a request for a waiver of 

compliance from certain requirements 

of its safety standards. The individual 

petition is described below, including 

the party seeking relief, the regulatory 

provisions involved, the nature of the 

relief being requested, and the 

petitioner’s arguments in favor of relief. 


pwalker on DSK8KYBLC1PROD with NOTICES