21714 Federal Register / Vol. 77, No. 70 / Wednesday, April 11, 2012 / Proposed Rules 

1Flammability Assessment of Bulk-Packed, Non 

rechargeable Lithium Primary Batteries in Transport 

Category Aircraft; June 2004 (DOT/FAA/AR–04/26); 

and Flammability Assessment of Bulk-Packed, 

Rechargeable Lithium-Ion Cells in Transport 

Category Aircraft; April 2006 (DOT/FAA/AR–06/ 

38). 

will not impose substantial direct costs 

on tribal governments or preempt tribal 

law. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: March 27, 2012. 

Dennis J. McLerran, 

Regional Administrator, Region 10. 

[FR Doc. 2012–8706 Filed 4–10–12; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF TRANSPORTATION 

Pipeline and Hazardous Materials 

Safety Administration 

49 CFR Parts 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: Notice of proposed rulemaking; 

request for additional comment. 

SUMMARY: In this document, PHMSA is 

seeking comment on the impact of 

changes to the requirements for the air 

transport of lithium cells and batteries 

that have been adopted into the 2013– 

2014 International Civil Aviation 

Organization Technical Instructions on 

the Transport of Dangerous Goods by 

Air (ICAO Technical Instructions). 

PHMSA is considering whether to 

harmonize with these requirements and 

is publishing this notice to allow 

interested persons an opportunity to 

supplement comments to our January 

11, 2010, Notice of Proposed 

Rulemaking (NPRM). 

DATES: Comments Due Date: May 11, 

2012. 

ADDRESSES: You may submit comments 

by identification of the docket number 

(PHMSA–2009–0095) by any of the 

following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

online instructions for submitting 

comments. 

• Fax: 1–202–493–2251. 

• Mail: Docket Operations, U.S. 

Department of Transportation, West 

Building, Ground Floor, Room W12– 

140, Routing Symbol M–30, 1200 New 

Jersey Avenue SE., Washington, DC 

20590. 

• Hand Delivery: To Docket 

Operations, Room W12–140 on the 

ground floor of the West Building, 1200 

New Jersey Avenue SE., Washington, 

DC 20590, between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. 

Instructions: All submissions must 

include the agency name and docket 

number for this notice at the beginning 

of the comment. To avoid duplication, 

please use only one of these four 

methods. All comments received will be 

posted without change to the Federal 

Docket Management System (FDMS), 

including any personal information. 

Docket: For access to the dockets to 

read background documents or 

comments received, go to http://www.

regulations.gov or DOT’s Docket 

Operations Office (see ADDRESSES). 

Privacy Act: 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 

document (or signing the document, 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). 

Asking for Confidential Treatment: If 

you want PHMSA to give your comment 

confidential treatment, you must file it 

in paper form and take the following 

steps in accordance with 49 CFR 105.30: 

(1) Mark ‘‘confidential’’ on each page 

of the original document you would like 

to keep confidential. 

(2) Send us, along with the original 

document, a second copy of the original 

document with the confidential 

information deleted. 

(3) Explain why the information you 

are submitting is confidential (for 

example, it is exempt from mandatory 

public disclosure under the Freedom of 

Information Act, 5 U.S.C. 552 or it is 

information referred to in 18 U.S.C. 

1905). 

PHMSA will decide whether or not to 

treat your information as confidential. 

We will notify you, in writing, of a 

decision to grant or deny confidentiality 

at least five days before the information 

is publicly disclosed, and give you an 

opportunity to respond. 

FOR FURTHER INFORMATION CONTACT: 

Kevin A. Leary, Standards and 

Rulemaking Division, Pipeline and 

Hazardous Materials Safety 

Administration, telephone (202) 366– 

8553, or Michael Locke, Program 

Development Division, Pipeline and 

Hazardous Materials Safety 

Administration, telephone (202) 366– 

1074. 

Background 

On January 11, 2010 (75 FR 1302), 

PHMSA, in coordination with the 

Federal Aviation Administration (FAA), 

published a Notice of Proposed 

Rulemaking (NPRM) to address the air 

transportation risks posed by lithium 

cells and batteries. Some of the 

proposals in the NPRM were intended 

to harmonize provisions in the 

Hazardous Materials Regulations (HMR; 

49 CFR parts 171–180) with provisions 

in the ICAO Technical Instructions; 

other proposals in the NPRM were 

intended to address safety concerns 

arising from research findings from the 

FAA Technical Center suggesting that 

current aircraft systems and procedures 

may not be sufficient to combat a fire 

involving lithium batteries (from either 

an external cargo fire or internal source 

from manufacturing defects).1 The FAA 

Technical Center issued an additional 

report in 2010 that supplements the 

previous studies. All of these reports are 

available in the public docket of this 

rulemaking. Many of the commenters to 

the NPRM urged PHMSA to adopt 

lithium battery transport safety 

standards identical to those in the 2011– 

2012 edition of the ICAO Technical 

Instructions. 

Since PHMSA published the NPRM, 

the ICAO Dangerous Goods Panel has 

met several times and devoted 

considerable discussion to the 

provisions applicable to the air 

transport of lithium cells and batteries. 

As a result, there have been many 

changes in the ICAO standards 

applicable to the air transport of lithium 

cells and batteries. Given the increased 

efficiency and clarity in having a 

uniform global standard, PHMSA 

considers harmonization with 

international standards when there is no 

adverse impact to safety. Therefore, 

consistent with 49 U.S.C. 5120, PHMSA 

is now considering harmonizing the 

HMR with lithium battery provisions 

recently adopted by ICAO and which 

will become effective on January 1, 

2013. 


wreier-aviles on DSK5TPTVN1PROD with PROPOSALS
Federal Register / Vol. 77, No. 70 / Wednesday, April 11, 2012 / Proposed Rules 21715 

2The lithium battery handling label (figure 5–31 

in the ICAO Technical Instructions) consists of text 

and symbols that communicate the presence of 

lithium ion or lithium metal cells or batteries as 

appropriate, an indication that a flammability 

hazard exists if the package is damaged, special 

procedures to be taken in the event the package is 

damaged and a telephone number for additional 

information. 

To ensure full consideration of 

harmonization with the HMR, PHMSA 

seeks comments from the public on the 

impact of these changes should PHMSA 

adopt them. To the extent possible, we 

request commenters include specific 

data with verifiable references to 

support their statements. A full report of 

these changes is available through the 

ICAO at the following URL: http://www.

icao.int/safety/DangerousGoods/Pages/

DGP.aspx. 

Current Standards and Summary of 

Changes 

The ICAO Technical Instructions 

assign six separate packing instructions 

(PIs) to describe the requirements 

applicable to the various types and 

configurations of lithium batteries: 

1. Lithium ion batteries (PI 965). 

2. Lithium ion batteries packed with 

equipment (PI 966). 

3. Lithium ion batteries contained in 

equipment (PI 967). 

4. Lithium metal batteries (PI 968). 

5. Lithium metal batteries packed 

with equipment (PI 969). 

6. Lithium metal batteries contained 

in equipment (PI 970). 

Within each of these packing 

instructions, there are two sections. 

Section I applies to lithium batteries 

that are subject to all applicable 

regulatory requirements including UN 

packaging, marking and labeling, 

shipping papers, a notice to the pilot in 

command and requirements for the air 

carrier to inspect each package for 

compliance. Section II outlines specific 

requirements that, if met, allow small 

lithium cells and batteries to be shipped 

excepted from many of the provisions 

associated with hazardous material and, 

these shipments may be handled as 

general cargo. 

The changes to these exceptions in 

the ICAO Technical Instructions for 

lithium batteries not packed with, or 

contained in, equipment (PI 965 and PI 

968) effectively split Section I of these 

packing instructions into: 

• ‘‘Section IA,’’ which covers lithium 

cells and batteries currently subject to 

all regulatory requirements; and 

• ‘‘Section IB,’’ which covers lithium 

cells and batteries formerly transported 

as general cargo. 

In effect, packages containing more 

than 8 lithium cells or 2 lithium 

batteries, which were previously 

excepted from most of the requirements 

of the ICAO Technical Instructions, 

would be subject to additional 

requirements including package weight 

limits (10 kg for lithium ion cells and 

batteries and 2.5 kg for lithium metal 

cells and batteries) and a requirement to 

display a Class 9 label and the lithium 

battery handling label 2 (Section IB). In 

addition, the shipper must provide the 

carrier with the following information: 

• The name and address of the 

shipper and consignee; 

• The appropriate proper shipping 

name and UN number; and 

• The number of packages and the 

gross mass of each package. 

The air carrier must: 

• Provide the information on this 

document to the pilot and retain this 

information for at least 3 months; and 

• Inspect each package for 

compliance with the ICAO Technical 

Instructions. 

The full text of the changes recently 

adopted by the ICAO Dangerous Goods 

Panel is available in the rulemaking 

docket and illustrated in the following 

charts: 

Section II limits 

Lithium ion cells or 

batteries not more 

than 2.7 Wh 

Lithium ion cells more 

than 2.7 Wh but not more 

than 20 Wh 

Lithium ion batteries more 

than 2.7 Wh but not more 

than 100Wh 

Maximum number of cells/batteries per package ........... No limit .............................. 8 cells ................................ 2 batteries. 

Maximum net mass per package .................................... 2.5 kg ................................. n/a ...................................... n/a 

Section II limits 

Lithium metal cells or 

batteries with not more 

than 0.3 g lithium content 

Lithium metal cells with a 

lithium content more than 

0.3 g but not more 

than 1 g 

Lithium metal batteries with 

a lithium content more than 

0.3 g but not more 

than 2 g 

Maximum number of cells/batteries per package ........... No limit .............................. 8 cells ................................ 2 batteries. 

Maximum net mass per package .................................... 2.5 kg ................................. n/a ...................................... n/a 

Section IB limits Cell/battery size limit Package gross 

mass limit 

................................................................................................................................... ................................................................. ..............................

Lithium Ion Cells ....................................................................................................... 20 Wh ..................................................... 10 kg 

Lithium Ion Batteries ................................................................................................. 100 Wh ................................................... 10 kg 

Lithium Metal Cells ................................................................................................... 1 g ........................................................... 2.5 kg 

Lithium Metal Batteries ............................................................................................. 2 g ........................................................... 2.5 kg 

Request for Information 

To adequately consider 

harmonization with ICAO standards, 

PHMSA seeks qualitative and 

quantitative information from the public 

on the following questions. In your 

comments please refer to the number of 

the specific question(s) to which you are 

responding. We do not expect every 

commenter to be able to answer every 

question. Please respond to those 

questions you feel able to answer. 

The following questions generally 

apply to lithium metal cells and 

batteries up to 1 gram per lithium metal 

cell and 2 grams per lithium metal 

battery or 20 Wh per lithium ion cell 

and 100 Wh per lithium ion battery. 

Further, please focus responses on data 

for cells shipped alone (that is, not 

packed with, or contained in, 

equipment), designated UN3090 

(Lithium Metal Batteries) or UN3480 

(Lithium Ion Batteries), and which 

would be covered by PI965 or PI968. To 

the extent possible, we request 

commenters include specific data with 


wreier-aviles on DSK5TPTVN1PROD with PROPOSALS
21716 Federal Register / Vol. 77, No. 70 / Wednesday, April 11, 2012 / Proposed Rules 

verifiable references to support their 

statements. 

1. Beginning in 2013, how many 

lithium cells, batteries, and packages are 

anticipated to be subject to the 

additional requirements of the proposed 

Section IB of ICAO Packing Instructions 

965 and 968, or, in other words, how 

many shipments of lithium cells, 

batteries, and packages were previously 

excepted from full hazardous materials 

packaging and labeling requirements, 

but would now be subject to additional 

requirements? These packages would 

typically contain more than 2 batteries 

or 8 cells, but weigh less than 10 kg. 

Also, if quantifiable, please specify 

projected figures for shipments that 

would fall under Section IA and 

Section II. 

2. What impacts (if any) would arise 

from the allowance to use non-UN 

Specification packaging for cells and 

batteries to be shipped under the 

proposed Section IB of ICAO Packing 

Instructions 965 and 968? 

3. What impacts (if any) would result 

if PHMSA chooses not to harmonize 

with 2013–2014 ICAO Technical 

Instructions applicable to lithium 

batteries? 

4. Will harmonization with the 2013– 

2014 ICAO Technical Instructions result 

in any modal impacts or diversions, i.e., 

will shippers be less likely to ship by 

air, in favor of maritime, truck, or rail 

transport of these materials? If a modal 

shift will occur, please quantify the 

impact of this shift if possible (costs 

increase or decrease, shipment time 

differences, and other considerations). 

5. What is the projected burden (time 

and/or cost) for compliance with the 

information collection activities and 

disclosures outlined in this notice? If 

PHMSA were to harmonize with the 

2013–2014 ICAO Technical 

Instructions, are there other Paperwork 

Reduction Act related activities 

associated with implementation that 

PHMSA should consider? 

6. If PHMSA were to harmonize the 

2013–2014 ICAO Technical Instructions 

in a final rule, are there ways in which 

PHMSA could reduce regulatory burden 

or cost of implementation, for example, 

delayed effective date? 

7. Please provide any other relevant 

information that PHMSA should 

consider before harmonizing with 

ICAO’s standards for lithium cells and 

batteries. 

Issued in Washington, DC, on April 5, 

2012. 

R. Ryan Posten, 

Deputy Associate Administrator. 

[FR Doc. 2012–8550 Filed 4–10–12; 8:45 am] 

BILLING CODE 4910–60–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 120330244–2242–01] 

RIN 0648–BB77 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Salmon 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: NMFS proposes regulations to 

implement Amendment 12 to the 

Fishery Management Plan for Salmon 

Fisheries in the EEZ off the Coast of 

Alaska (FMP). If approved, Amendment 

12 would comprehensively revise and 

update the FMP to reflect the North 

Pacific Fishery Management Council’s 

(Council’s) salmon management policy 

and to comply with Federal law. This 

proposed rule is necessary to revise 

specific regulations and remove obsolete 

regulations in accordance with the 

modifications proposed by Amendment 

12. These proposed regulations are 

intended to promote the goals and 

objectives of the Magnuson-Stevens 

Fishery Conservation and Management 

Act, the FMP, and other applicable 

laws. 

DATES: Comments must be received no 

later than May 29, 2012. 

ADDRESSES: You may submit comments, 

identified by FDMS Docket Number 

NOAA–NMFS–2011–0295, by any one 

of the following methods: 

• Electronic Submissions: Submit all 

electronic public comments via the 

Federal eRulemaking Portal http:// 

www.regulations.gov. To submit 

comments via the e-Rulemaking Portal, 

first click the ‘‘submit a comment’’ icon, 

then enter NOAA–NMFS–2011–0295 in 

the keyword search. Locate the 

document you wish to comment on 

from the resulting list and click on the 

‘‘Submit a Comment’’ icon on that line. 

• Fax: Address written comments to 

Glenn Merrill, Assistant Regional 

Administrator, Sustainable Fisheries 

Division, Alaska Region NMFS, Attn: 

Ellen Sebastian. Fax comments to 907– 

586–7557. 

• Mail: Address written comments to 

Glenn Merrill, Assistant Regional 

Administrator, Sustainable Fisheries 

Division, Alaska Region NMFS, Attn: 

Ellen Sebastian. Mail comments to P.O. 

Box 21668, Juneau, AK 99802–1668. 

• Hand delivery to the Federal 

Building: Address written comments to 

Glenn Merrill, Assistant Regional 

Administrator, Sustainable Fisheries 

Division, Alaska Region NMFS, Attn: 

Ellen Sebastian. Deliver comments to 

709 West 9th Street, Room 420A, 

Juneau, AK. 

Instructions: Comments must be 

submitted by one of the above methods 

to ensure that the comments are 

received, documented, and considered 

by NMFS. Comments sent by any other 

method, to any other address or 

individual, or received after the end of 

the comment period, may not be 

considered. All comments received are 

a part of the public record and will 

generally be posted to http:// 

www.regulations.gov without change. 

All Personal Identifying Information (for 

example, name, address, etc.) 

voluntarily submitted by the commenter 

will be publicly accessible. Do not 

submit Confidential Business 

Information or otherwise sensitive or 

protected information. 

NMFS will accept anonymous 

comments (enter N/A in the required 

fields, if you wish to remain 

anonymous). You may submit 

attachments to electronic comments in 

Microsoft Word, Excel, WordPerfect, or 

Adobe PDF file formats only. 

Electronic copies of the proposed 

Fishery Management Plan for the 

Salmon Fisheries in the EEZ off Alaska 

and the draft Environmental 

Assessment/Regulatory Impact Review 

prepared for this action may be obtained 

from http://www.regulations.gov or from 

the NMFS Alaska Region Web site at 

http://alaskafisheries.noaa.gov. 

FOR FURTHER INFORMATION CONTACT: 

Gretchen Harrington, 907–586–7228. 

SUPPLEMENTARY INFORMATION: This 

proposed rule would implement 

Amendment 12 to the FMP. The Council 

has submitted Amendment 12 for 

review by the Secretary of Commerce, 

and a Notice of Availability (NOA) of 

this amendment was published in the 

Federal Register on April 2, 2012 (77 FR 

19605) with comments invited through 

June 1, 2012. Respondents do not need 

to submit the same comments on both 

the NOA and this proposed rule. All 

relevant written comments received by 

the end of the comment period for the 

NOA, whether specifically directed to 

the FMP amendment, this proposed 

rule, or both, will be considered in the 

approval/disapproval decision for 

Amendment 12 and addressed in the 

response to comments in the final rule. 

The Council prepared the FMP under 

the authority of the Magnuson-Stevens 

Fishery Conservation and Management 


wreier-aviles on DSK5TPTVN1PROD with PROPOSALS