31526 Federal Register / Vol. 81, No. 97 / Thursday, May 19, 2016 / Rules and Regulations 

PART 180—[AMENDED] 

■ 1. The authority citation for part 180 

continues to read as follows: 

Authority: 21 U.S.C. 321(q), 346a and 371. 

■ 2. In § 180.920: 

■ i. Remove the existing entry for 

‘‘Maleic acid and maleic anhydride’’ 

from the table. 

■ ii. Add alphabetically the following 

entries ‘‘Maleic acid,’’ and ‘‘Maleic 

anhydride’’ to the table to read as 

follows: 

§ 180.920 Inert ingredients used 

preharvest; exemptions from the 

requirement of a tolerance. 

* * * * * 

Inert ingredients Limits Uses 

*******

Maleic acid ................................................. For pesticide formulations applied to apples with a minimum preharvest interval of 

21 days.

Stabilizer. 

Maleic anhydride (CAS Reg. No. 108–31– 

6).

Not to exceed 3.5% in pesticide formulations; or for pesticide formulations applied 

to apples with a minimum preharvest interval of 21 days.

Stabilizer. 

* * * * * * * 

[FR Doc. 2016–11837 Filed 5–18–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

48 CFR Parts 1501, 1505, 1516, 1528, 

1529, 1532 and 1552 

[EPA–HQ–OARM–2015–0799; FRL 9945–66– 

OARM] 

Environmental Protection Agency 

Acquisition Regulation; General, 

Publicizing Contract Actions, Types of 

Contracts, Bonds and Insurance, 

Taxes, Contract Financing, Solicitation 

Provisions and Contract Clauses 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is issuing a final rule to 

make administrative changes to the 

Environmental Protection Agency 

Acquisition Regulation (EPAAR). EPA 

does not anticipate any adverse 

comments. 

DATES: This rule is effective on July 18, 

2016 without further action, unless EPA 

receives adverse comment by June 20, 

2016. If EPA receives adverse comment, 

we will publish a timely withdrawal in 

the Federal Register informing the 

public that the rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OARM–2015–0799, at http://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or removed from Regulations.gov. 

The EPA may publish any comment 

received to its public docket. Do not 

submit electronically any information 

you consider to be Confidential 

Business Information (CBI) or other 

information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. The EPA will generally not 

consider comments or comment 

contents located outside of the primary 

submission (i.e. on the web, cloud, or 

other file sharing system). For 

additional submission methods, the full 

EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

http://www2.epa.gov/dockets/

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

Julianne Odend’hal, Policy, Training, 

and Oversight Division, Acquisition 

Policy and Training Service Center 

(3802R), Environmental Protection 

Agency, 1200 Pennsylvania Avenue 

NW., Washington DC 20460; telephone 

number: (202) 564–5218; email address: 

odend’hal.julianne@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Why is EPA using a direct final rule? 

EPA is publishing this rule without a 

prior proposed rule because EPA views 

this as a noncontroversial action and 

anticipates no adverse comment. 

EPAAR Parts 1501, 1505, 1516, 1528, 

1529, 1532, and 1552 are being 

amended to make administrative 

changes to the EPAAR. If EPA receives 

adverse comment, a timely withdrawal 

will be published in the Federal 

Register informing the public that the 

rule will not take effect. Any parties 

interested in commenting must do so at 

this time. 

II. Does this action apply to me? 

The EPAAR applies to contractors 

who have a contract with the EPA. 

III. What should I consider as I prepare 

my comments for EPA? 

A. Submitting CBI. Do not submit this 

information to EPA through http://

www.regulations.gov or email. Clearly 

mark the part or all of the information 

that you claim to be CBI. For CBI 

information in a disk or CD–ROM that 

you mail to EPA, mark the outside of the 

disk or CD–ROM as CBI, and then 

identify electronically within the disk or 

CD–ROM the specific information that 

is claimed as CBI. In addition to one 

complete version of the comment that 

includes information claimed as CBI, a 

copy of the comment that does not 

contain the information claimed as CBI 

must be submitted for inclusion in the 

public docket. Information so marked 

will not be disclosed except in 

accordance with procedures set forth in 

40 CFR part 2. 

B. Tips for Preparing Your Comments. 

When submitting comments, remember 

to: 

• Identify the rulemaking by docket 

number and other identifying 

information (subject heading, Federal 

Register date and page number). 

• Follow directions—The agency may 

ask you to respond to specific questions 

or organize comments by referencing a 

Code of Federal Regulations (CFR) part 

or section number. 

• Explain why you agree or disagree, 

suggest alternatives, and substitute 

language for your requested changes. 

• Describe any assumptions and 

provide any technical information and/ 

or data that you used. 

• If you estimate potential costs or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced. 

• Provide specific examples to 

illustrate your concerns, and suggest 

alternatives. 

• Explain your views as clearly as 

possible, avoiding the use of profanity 

or personal threats. 


asabaliauskas on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 81, No. 97 / Thursday, May 19, 2016 / Rules and Regulations 31527 

• Make sure to submit your 

comments by the comment period 

deadline identified. 

IV. Background 

EPAAR Parts 1501, 1505, 1516, 1528, 

1529, 1532, and 1552 are being 

amended to make administrative 

changes. 

V. Final Rule 

This direct final rule makes the 

following changes: (1) Corrects 

references in EPAAR 1501.370 to read 

‘‘1511.011–70 and 1511.011–72’’ instead 

of ‘‘1510.011–70 and 1510.011–72’’ and 

‘‘1552.211–72’’ instead of ‘‘1552.210– 

72’’; (2) corrects EPAAR 1505.203(a) to 

read ‘‘Government Point of Entry (GPE)’’ 

instead of ‘‘Commerce Business Daily 

(CBD)’’; (3) corrects reference in EPAAR 

1516.301–70 to read ‘‘1552.211–73’’ 

instead of ‘‘1552.212–70’’; (4) deletes 

‘‘(SEP 1995)’’ in EPAAR 1516.406(b); (5) 

corrects the title of EPAAR Part 1528 to 

read ‘‘Bonds and Insurance’’ instead of 

‘‘Bonds of Insurance’’; (6) removes 

‘‘EPAAR Subpart 1529.4—Contract 

Clauses, 1529.401 Domestic contracts, 

1529.401–70 [Reserved]’’; (7) corrects 

EPAAR 1532.908 to read ‘‘noncommercial time and materials’’ instead 

of ‘‘fixed rate’’; (8) corrects EPAAR 

1552.211–78 to read ‘‘Contracting 

Officer’s Representative (COR)’’ instead 

of ‘‘Project Officer’’; (9) corrects the web 

address in EPAAR 1552.211–79(d) to 

read ‘‘http://www2.epa.gov/irmpoli8/

current-information-directives’’ instead 

of ‘‘http://wpa.gov/docs/irmpoli8/

policies/index.htlm’’; (10) corrects the 

prescription in EPAAR 1552.216–70 to 

read ‘‘1516.406(a)’’ instead of 

‘‘1516.405(a)’’; (11) corrects the date in 

the clause title in EPAAR 1552.216–72 

to read ‘‘(JUL 2014)’’ instead of ‘‘(__

2014)’’; (12) corrects the reference in the 

prescription in EPAAR 1552.216–75 to 

read ‘‘1516.406(b)’’ instead of 

‘‘1516.405(b)’’; (13) corrects the 

reference in the prescription in EPAAR 

1552.216–77 to read ‘‘1516.406(c)’’ 

instead of ‘‘1515.406(c)’’; (14) corrects 

the reference in the prescription in 

EPAAR 1552.216–78 to read 

‘‘1516.406(c)’’ instead of ‘‘1515.406(c)’’; 

(15) corrects the reference in the 

prescription in EPAAR 1552.216–79 to 

read ‘‘1516.406(c)’’ instead of 

‘‘1515.406(c)’’; (16) corrects EPAAR 

1552.232–70 Alternate I prescription to 

read ‘‘non-commercial time and 

materials’’ instead of ‘‘fixed rate’’; (17) 

increases the number of fill-in lines in 

paragraph (a) of EPAAR clause 

1552.237–72 from two to 15; and (18) 

corrects the EPAAR 1552.242–70 

prescription to add ‘‘and noncommercial time and materials’’ after 

‘‘cost-reimbursement.’’ 

VI. Statutory and Executive Order 

Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

This action is not a significant 

regulatory action and was therefore not 

submitted to the Office of Management 

and Budget (OMB) for review. 

B. Paperwork Reduction Act 

This action does not impose an 

information collection burden under the 

PRA because it does not contain any 

information collection activities. 

C. Regulatory Flexibility Act (RFA), as 

Amended by the Small Business 

Regulatory Enforcement Fairness Act of 

1996 (SBREFA), 5 U.S.C. 601 et seq. 

I certify that this action will not have 

a significant economic impact on a 

substantial number of small entities 

under the RFA. In making this 

determination, the impact of concern is 

any significant adverse economic 

impact on small entities. An agency may 

certify that a rule will not have a 

significant economic impact on a 

substantial number of small entities if 

the rule relieves regulatory burden, has 

no net burden or otherwise has a 

positive economic effect on the small 

entities subject to the rule. This action 

amends EPAAR Parts 1501, 1505, 1516, 

1528, 1529, 1532, and 1552 to make 

administrative changes. We have 

therefore concluded that this action will 

have no net regulatory burden for all 

directly regulated small entities. 

D. Unfunded Mandates Reform Act 

This action does not contain an 

unfunded mandate of $100 million or 

more as described in UMRA, 2 U.S.C. 

1531–1538, and does not significantly or 

uniquely affect small governments. The 

action imposes no enforceable duty on 

any state, local or tribal governments or 

the private sector. 

E. Executive Order 13132: Federalism 

This action does not have federalism 

implications. It will not have substantial 

direct effects on the states, on the 

relationship between the national 

government and the states, or on the 

distribution of power and 

responsibilities among the various 

levels of government. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This action does not have tribal 

implications, as specified in Executive 

Order 13175 (65 FR 67249, November 9, 

2000). Thus, Executive Order 13175 

does not apply to this action. In the 

spirit of Executive Order 13175, and 

consistent with EPA policy to promote 

communication between EPA and Tribal 

governments, EPA specifically solicits 

additional comment on this rule from 

Tribal officials. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

EPA interprets Executive Order 13045 

(62 FR 19885, April 23, 1997) as 

applying only to those regulatory 

actions that concern health or safety 

risks, such that the analysis required 

under section 5–501 of the Executive 

Order has the potential to influence the 

regulation. This action is not subject to 

Executive Order 13045 because it does 

not establish an environmental standard 

intended to mitigate health or safety 

risks. 

H. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This action is not subject to Executive 

Order 13211 (66 FR 28355 (May 22, 

2001)), because it is not a significant 

regulatory action under Executive Order 

12866. 

I. National Technology Transfer and 

Advancement Act of 1995 

This rulemaking does not involve 

technical standards. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

Executive Order 12898 (59 FR 7629, 

(February 16, 1994)) establishes federal 

executive policy on environmental 

justice. Its main provision directs 

federal agencies, to the greatest extent 

practicable and permitted by law, to 

make environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations and low-income 

populations in the United States. EPA 

has determined that this final rule will 

not have disproportionately high and 

adverse human health or environmental 

effects on minority or low-income 

populations because it does not affect 


asabaliauskas on DSK3SPTVN1PROD with RULES
31528 Federal Register / Vol. 81, No. 97 / Thursday, May 19, 2016 / Rules and Regulations 

the level of protection provided to 

human health or the environment. 

K. Congressional Review 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. Section 804 

exempts from section 801 the following 

types of rules (1) rules of particular 

applicability; (2) rules relating to agency 

management or personnel; and (3) rules 

of agency organization, procedure, or 

practice that do not substantially affect 

the rights or obligations of non-agency 

parties. 5 U.S.C. 804(3). EPA is not 

required to submit a rule report 

regarding this action under section 801 

because this is a rule of agency 

organization, procedure, or practice that 

does not substantially affect the rights or 

obligations of non-agency parties. 

List of Subjects in 48 CFR Parts 1501, 

1505, 1516, 1528, 1529, 1532, and 1552 

Government procurement. 

Dated: May 2, 2016. 

John R. Bashista, 

Director, Office of Acquisition Management. 

For the reasons stated in the 

preamble, 48 CFR parts 1501, 1505, 

1516, 1528, 1529, 1532 and 1552 are 

amended as set forth below: 

PART 1501—GENERAL 

■ 1. The authority citation for part 1501 

continues to read as follows: 

Authority: 5 U.S.C. 301: Sec. 205(c), 63 

Stat. 390 as amended, 40 U.S.C. 486(c); and 

41 U.S.C. 418B. 

1501.370 [Amended] 

■ 2. Amend section 1501.370, table, by 

removing the text ‘‘1510.011–70 and 

1510.011–72’’ and adding the text 

‘‘1511.011–70 and 1511.011–72’’ in its 

place; and removing the text ‘‘1552.210– 

72’’ and adding the text ‘‘1552.211–72’’ 

in its place. 

PART 1505—PUBLICIZING CONTRACT 

ACTIONS 

■ 3. The authority citation for part 1505 

is revised to read as follows: 

Authority: 5 U.S.C. 301 and 41 U.S.C. 

418b. 

1505.203 [Amended] 

■ 4. Amend section 1505.203, paragraph 

(a), by removing the words ‘‘Commerce 

Business Daily (CBD)’’ and adding the 

words ‘‘Government Point of Entry 

(GPE)’’ in their place. 

PART 1516—TYPES OF CONTRACTS 

■ 5. The authority citation for part 1516 

is revised to read as follows: 

Authority: 5 U.S.C. 301 and 41 U.S.C. 

418b. 

1516.301–70 [Amended] 

■ 6. Amend section 1516.301–70 by 

removing the text ‘‘1552.212–70’’ and 

adding text ‘‘1552.211–73’’ in its place. 

1516.406 [Amended] 

■ 7. Amend 1516.406, paragraph (b) by 

removing the text ‘‘(SEP 1995)’’. 

PART 1528—BONDS AND INSURANCE 

■ 8. The authority citation for part 1528 

is added to read as follows: 

Authority: 5 U.S.C. 301 and 41 U.S.C. 

418b. 

■ 9. The part 1528 heading is revised to 

read as set forth above. 

PART 1529—TAXES 

■ 10. The authority citation for part 

1529 is revised to read as follows: 

Authority: 5 U.S.C. 301 and 41 U.S.C. 

418b. 

Subpart 1529.4 [Removed and 

Reserved] 

■ 11. Remove and reserve subpart 

1529.4. 

PART 1532—CONTRACT FINANCING 

■ 12. The authority citation for part 

1532 is revised to read as follows: 

Authority: 5 U.S.C. 301 and 41 U.S.C. 

418b. 

1532.908 [Amended] 

■ 13. Amend section 1532.908 by 

removing the words ‘‘fixed-rate’’ and 

adding the words ‘‘non-commercial time 

and materials’’ in its place. 

PART 1552—SOLICATION 

PROVISIONS AND CONTRACT 

CLAUSES 

■ 14. The authority citation for part 

1552 continues to read as follows: 

Authority: 5 U.S.C. 301 and 41 U.S.C. 

418b. 

1552.211–78 [Amended] 

■ 15. Amend section 1552.211–78 by 

removing the words ‘‘EPA Project 

Officer’’ and adding the words ‘‘EPA 

Contracting Officer’s Representative 

(COR)’’ in its place and removing the 

words ‘‘EPA Project Officer’s’’ and 

adding ‘‘COR’s’’ in its place; and 

removing the text ‘‘(JUL 2015)’’ and 

adding the text ‘‘(JUL 2016)’’ in its 

place. 

1552.211–79 [Amended] 

■ 16. Amend section 1552.211–79, 

paragraph (d), by removing the text 

‘‘http://epa.gov/docs/irmpoli8/policies/

index/html’’ and adding the text ‘‘http:// 

www2.epa.gov/irmpoli8/currentinformation-directives’’ in its place; and 

adding, after the clause heading, the text 

‘‘(JUL 2016)’’. 

1552.216–70 [Amended] 

■ 17. Amend the introductory text of 

section 1552.216–70 by removing the 

text ‘‘1516.405(a)’’ and adding the text 

‘‘1516.406(a)’’ in its place. 

1552.216–72 [Amended] 

■ 18. Amend section 1552.216–72 by 

removing the text ‘‘(___2014)’’ and 

adding the text ‘‘(JUL 2014)’’ in its 

place. 

1552.216–75 [Amended] 

■ 19. Amend the introductory text of 

section 1552.216–75 by removing the 

text ‘‘1516.405(b)’’ and adding the text 

‘‘1516.406(b)’’ in its place. 

1552.216–77 [Amended] 

■ 20. Amend the introductory text of 

section 1552.216–77 by removing the 

text ‘‘1515.406(c)’’ and adding the text 

‘‘1516.406(c)’’ in its place. 

1552.216–78 [Amended] 

■ 21. Amend the introductory text of 

section 1552.216–78 by removing the 

text ‘‘1515.406(c)’’ and adding the text 

‘‘1516.406(c)’’ in its place. 

1552.216–79 [Amended] 

■ 22. Amend the introductory text of 

section 1552.216–79 by removing the 

text ‘‘1515.406(c)’’ and adding the text 

‘‘1516.406(c)’’ in its place. 

1552.232–70 [Amended] 

■ 23. Amend section 1552.232–70, in 

the introductory text of Alternate 1, by 

removing the words ‘‘fixed-rate’’ and 

adding the words ‘‘non-commercial time 

and materials’’ in its place. 

1552.237–72 [Amended] 

■ 24. Amend section 1552.237–72, 

paragraph (a), by adding 13 horizontal 

lines below the existing two horizontal 

lines. 

■ 25. Amend section 1552.242–70 by 

revising the introductory text to read as 

follows: 


asabaliauskas on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 81, No. 97 / Thursday, May 19, 2016 / Rules and Regulations 31529 

1552.242–70 Indirect costs. 

As prescribed in 1542.705–70, insert 

the following clause in all costreimbursement and non-commercial 

time and materials type contracts. If 

ceilings are not being established, enter 

‘‘not applicable’’ in paragraph (c) of the 

clause. 

* * * * * 

[FR Doc. 2016–11838 Filed 5–18–16; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF TRANSPORTATION 

Pipeline and Hazardous Materials 

Safety Administration 

49 CFR Part 175 

[Docket No. PHMSA–2015–0165 (HM–262)] 

RIN 2137–AF12 

Hazardous Materials: Carriage of 

Battery-Powered Electronic Smoking 

Devices in Passenger Baggage 

AGENCY: Pipeline and Hazardous 

Materials Safety Administration 

(PHMSA), DOT. 

ACTION: Final rule. 

SUMMARY: The Pipeline and Hazardous 

Materials Safety Administration 

(PHMSA) is issuing a final rule to 

prohibit passengers and crewmembers 

from carrying battery-powered portable 

electronic smoking devices (e.g., 

e-cigarettes, e-cigs, e-cigars, e-pipes, 

e-hookahs, personal vaporizers, 

electronic nicotine delivery systems) in 

checked baggage and from charging 

these devices and their batteries on 

board the aircraft. However, these 

devices may continue to be carried in 

carry-on baggage. This action is 

consistent with the interim final rule 

(IFR) published in the Federal Register 

on October 30, 2015, and a similar 

amendment in the 2015–2016 Edition of 

the International Civil Aviation 

Organization Technical Instructions for 

the Safe Transport of Dangerous Goods 

by Air (ICAO Technical Instructions). 

This final rule amends the Hazardous 

Materials Regulations to maintain 

alignment with the ICAO Technical 

Instructions. Furthermore, this final rule 

does not impact the existing rules on the 

transport of lithium batteries or other 

portable electronic devices that are 

transported for personal use in a 

passenger’s checked or carry-on 

baggage. 

DATES: Effective: June 20, 2016. 

FOR FURTHER INFORMATION CONTACT: 

Kevin A. Leary, (202) 366–8553, 

Standards and Rulemaking Division, 

Pipeline and Hazardous Materials Safety 

Administration, U.S. Department of 

Transportation, 1200 New Jersey Ave. 

SE., Washington, DC 20590–0001. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background 

II. Comment Discussion 

III. Regulatory Analyses and Notices 

A. Statutory Authority for This Rulemaking 

B. Executive Order 12866, Executive Order 

13563, and DOT Regulatory Policies and 

Procedures 

C. Executive Order 13132 

D. Executive Order 13175 

E. Regulatory Flexibility Act, Executive 

Order 13272, and DOT Procedures and 

Policies 

F. Paperwork Reduction Act 

G. Regulation Identifier Number (RIN) 

H. Unfunded Mandates Reform Act 

I. Executive Order 13609 and International 

Trade Analysis 

J. Environmental Assessment 

K. Privacy Act 

IV. List of Subjects 

I. Background 

On October 30, 2015, PHMSA 

published an IFR in the Federal 

Register [80 FR 66817] that prohibits 

passengers and crewmembers from 

carrying battery-powered portable 

electronic smoking devices (e.g., 

e-cigarettes, e-cigs, e-cigars, e-pipes, 

personal vaporizers, electronic nicotine 

delivery systems) in checked baggage 

and from charging these devices and 

their batteries on board the aircraft. The 

use of battery-powered portable 

electronic smoking devices has been 

rising substantially, and they have 

increasingly become a common item in 

passenger baggage. Prior to the issuance 

of this IFR, airline passengers and 

crewmembers were permitted to carry 

these devices in either checked or carryon baggage under the provisions for 

portable electronic devices contained in 

§ 175.10(a)(18) of the Hazardous 

Materials Regulations (HMR; 49 CFR 

parts 171–180). However, the provisions 

for portable electronic devices do not 

adequately address the safety risks 

posed by battery-powered portable 

electronic smoking devices, which 

include a heating element as a function 

of their design. Specifically, a batterypowered portable electronic smoking 

device contains a liquid, an atomizer or 

heating element, and a battery. When 

this device is operated the heating 

element vaporizes the liquid, so when 

in checked baggage, the device may lead 

to the generation of extreme heat with 

potential ignition of nearby contents. 

Recent fire incidents involving 

battery-powered portable electronic 

smoking devices in checked baggage 

and actions taken by the Federal 

Aviation Administration (FAA) and 

ICAO all of which are described in the 

October 30, 2015 IFR, prompted action 

to address this issue. The requirements 

in this final rule apply only to batterypowered portable electronic smoking 

devices (e.g., e-cigarettes, e-cigs, ecigars, e-pipes, e-hookahs, personal 

vaporizers, electronic nicotine delivery 

systems). Notably, this final rule does 

neither prohibits passengers from 

transporting other devices containing 

batteries for personal use (such as 

laptop computers, cell phones, cameras, 

etc.) in checked or carry-on baggage, nor 

does it restrict passengers from 

transporting batteries for personal use in 

carry-on baggage. 

II. Comment Discussion 

PHMSA received eleven comments to 

the October 30, 2015 IFR: Four of the 

commenters supported the provisions of 

the IFR as written; four of the 

commenters suggested the prohibition 

of the carriage of battery-powered 

portable electronic smoking devices 

should be extended to carry-on baggage; 

one commenter suggested that the 

prohibition should also be extended to 

prohibit such devices to be transported 

as mail on passenger aircraft; and two 

commenters objected to all or part of the 

IFR. 

The four commenters who 

recommended that PHMSA extend the 

prohibition of the IFR to prohibit the 

carriage of battery-powered portable 

electronic smoking devices in carry-on 

and checked baggage noted that if these 

devices pose a fire risk they should not 

be permitted in the cabin of an aircraft 

either. PHMSA believes that prohibiting 

the carriage of these devices only in 

checked baggage best targets the safety 

issue that we are addressing. Permitting 

the carriage of these devices only in 

carry-on baggage or on the person would 

be the best alternative because when 

carried in the passenger cabin, the flight 

crew can quickly intervene in the case 

of overheating, short circuit, or fire. 

One commenter recommended that 

PHMSA amend the IFR to prohibit the 

transport of battery-powered portable 

electronic smoking devices in the mail 

because a package containing such 

devices could be carried as mail aboard 

a passenger aircraft. The HMR do not 

apply to any matter subject to the postal 

laws and regulations of the United 

States; therefore, this amendment is 

beyond the scope of PHMSA’s 

regulatory authority (see § 171.1(d)(7)). 

However, we shared the comment with 

the United States Postal Service (USPS) 

for their consideration. 

Of the two commenters who objected 

to all or part of the IFR, one was 


asabaliauskas on DSK3SPTVN1PROD with RULES