# Hazardous Materials: Revision to Requirements for the Transportation of Batteries and Battery-Powered Devices; and Harmonization With the United Nations Recommendations, International Maritime Dangerous Goods Code, and International Civil Aviation Organization's Technical Instructions

- **operation:** document
- **citation:** 73 FR 44804
- **title:** Hazardous Materials: Revision to Requirements for the Transportation of Batteries and Battery-Powered Devices; and Harmonization With the United Nations Recommendations, International Maritime Dangerous Goods Code, and International Civil Aviation Organization's Technical Instructions
- **source type:** rulemaking
- **agency:** Pipeline and Hazardous Materials Safety Administration
- **status:** proposed
- **official:** true
- **published on:** 2008-07-31
- **effective on:** Not available
- **summary:** PHMSA proposes to amend the Hazardous Materials Regulations to maintain alignment with international standards by incorporating various amendments, including changes to proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, air transport quantity limitations, and vessel stowage requirements. These revisions are necessary to harmonize the Hazardous Materials Regulations with recent changes to the International Maritime Dangerous Goods Code, the International Civil Aviation Organization's Technical Instructions for the Safe Transport of Dangerous Goods by Air, and the United Nations Recommendations on the Transport of Dangerous Goods. The proposals include amendments and clarifications addressing the safe transportation of batteries and battery-powered devices. Consistent with recent changes to the International Civil Aviation Organization's Technical Instructions, PHMSA is proposing to clarify the prohibition against transporting electrical devices, including batteries and battery-powered devices that are likely to create sparks or generate a dangerous amount of heat. PHMSA also is proposing to modify and enhance requirements for the packaging and handling of batteries and battery-powered devices, particularly in air commerce, to emphasize the safety precautions that are necessary to prevent incidents during transportation. PHMSA developed these proposals in conjunction with the Federal Aviation Administration in order to enhance the safe transportation of batteries and battery-powered devices.
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Federal Register, Volume 73 Issue 148 (Thursday, July 31, 2008) [Federal Register Volume 73, Number 148 (Thursday, July 31, 2008)] [Proposed Rules] [Pages 44804-44862] From the Federal Register Online via the Government Publishing Office [ www.gpo.gov ] [FR Doc No: E8-16579] [[Page 44803]] ----------------------------------------------------------------------- Part II Department of Transportation ----------------------------------------------------------------------- Pipeline and Hazardous Materials Safety Administration ----------------------------------------------------------------------- 49 CFR Parts 171, 172, 173, et al. Hazardous Materials: Revision to Requirements for the Transportation of Batteries and Battery-Powered Devices; and Harmonization With the United Nations Recommendations, International Maritime Dangerous Goods Code, and International Civil Aviation Organization's Technical Instructions; Proposed Rule Federal Register / Vol. 73, No. 148 / Thursday, July 31, 2008 / Proposed Rules [[Page 44804]] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Pipeline and Hazardous Materials Safety Administration 49 CFR Parts 171, 172, 173, 175, 176, and 178 [Docket Nos. PHMSA-2007-0065 (HM-224D) and PHMSA-2008-0005 (HM-215J)] RIN 2137-AE31 Hazardous Materials: Revision to Requirements for the Transportation of Batteries and Battery-Powered Devices; and Harmonization With the United Nations Recommendations, International Maritime Dangerous Goods Code, and International Civil Aviation Organization's Technical Instructions AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA), DOT. ACTION: Notice of proposed rulemaking (NPRM). ----------------------------------------------------------------------- SUMMARY: PHMSA proposes to amend the Hazardous Materials Regulations to maintain alignment with international standards by incorporating various amendments, including changes to proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, air transport quantity limitations, and vessel stowage requirements. These revisions are necessary to harmonize the Hazardous Materials Regulations with recent changes to the International Maritime Dangerous Goods Code, the International Civil Aviation Organization's Technical Instructions for the Safe Transport of Dangerous Goods by Air, and the United Nations Recommendations on the Transport of Dangerous Goods. The proposals include amendments and clarifications addressing the safe transportation of batteries and battery-powered devices. Consistent with recent changes to the International Civil Aviation Organization's Technical Instructions, PHMSA is proposing to clarify the prohibition against transporting electrical devices, including batteries and battery-powered devices that are likely to create sparks or generate a dangerous amount of heat. PHMSA also is proposing to modify and enhance requirements for the packaging and handling of batteries and battery-powered devices, particularly in air commerce, to emphasize the safety precautions that are necessary to prevent incidents during transportation. PHMSA developed these proposals in conjunction with the Federal Aviation Administration in order to enhance the safe transportation of batteries and battery-powered devices. DATES: Comments must be received by September 29, 2008. ADDRESSES: You may submit comments by any of the following methods: Federal Rulemaking Portal: http://www.regulations.gov . Follow the on-line instructions for submitting comments. Fax: 1-202-493-2251. Mail: Docket Management System; U.S. Department of Transportation, Dockets Operations, M-30, Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590-0001. Hand Delivery: To U.S. Department of Transportation, Dockets Operations, M-30, Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590-0001 between 9 a.m. and 5 p.m. Monday through Friday, except Federal holidays. Instructions: Include the agency name and docket number PHMSA-2008- 0005 (HM-215J) or RIN 2137-AE31 for this rulemaking at the beginning of your comment. Note that all comments received will be posted without change to http://www.regulations.gov including any personal information provided. If sent by mail, comments must be submitted in duplicate. Persons wishing to receive confirmation of receipt of their comments must include a self-addressed stamped postcard. 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 (65 FR 19477), or you may visit http://www.regulations.gov . Docket: You may view the public docket through the Internet at http://www.regulations.gov or in person at the Docket Operations office at the above address (See ADDRESSES). FOR FURTHER INFORMATION CONTACT: T. Glenn Foster or Charles Betts, Office of Hazardous Materials Standards, telephone (202) 366-8553, or Shane Kelley, International Standards, telephone (202) 366-0656, Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation, 1200 New Jersey Avenue, SE., 2nd Floor, Washington, DC 20590-0001. SUPPLEMENTARY INFORMATION: I. Background II. Transportation of Batteries and Battery-Powered Devices A. Current Regulatory Requirements B. Accident/Incident History C. Recent Actions To Enhance Battery Safety D. Proposals To Enhance the Safe Transportation of Batteries III. Additional Harmonization Proposals in This NPRM IV. Amendments Not Being Considered for Adoption in This NPRM V. Section-by-Section Review VI. Regulatory Analyses and Notices A. Statutory/Legal Authority for the Rulemaking B. Executive Order 12866 and DOT Regulatory Policies and Procedures C. Executive Order 13132 D. Executive Order 13175 E. Regulatory Flexibility Act, Executive Order 13272, and DOT Policies and Procedures F. Paperwork Reduction Act G. Regulatory Identifier Number (RIN) H. Unfunded Mandates Reform Act I. Environment Assessment J. Privacy Act K. International Trade Analysis I. Background By final order published December 21, 1990 (Docket HM-181; 55 FR 52402), we comprehensively revised the Hazardous Materials Regulations (HMR; 49 CFR parts 171 to 180) to harmonize U.S. requirements with the United Nations Recommendations on the Transport of Dangerous Goods (UN Recommendations). The UN Recommendations are not regulations, but rather are recommendations issued by the UN Committee of Experts on the Transport of Dangerous Goods (TDG) and the Globally Harmonized System of Classification and Labelling of Chemicals (GHS). These recommendations are amended and updated biennially by the TDG and serve as the basis for national, regional, and international modal regulations, including the International Maritime Organization's International Maritime Dangerous Goods Code (IMDG Code) and International Civil Aviation Organization Technical Instructions (ICAO TI) for the Transport of Dangerous Goods by Air. Since publication of the 1990 rule, we have issued seven additional international harmonization rules (Dockets HM-215A, 59 FR 67390; HM- 215B, 62 FR 24690; HM-215C, 64 FR 10742; HM-215D, 66 FR 33316; HM-215E, 68 FR 44992; HM-215G, 69 FR 76044; and HM-215I, 71 FR 78595) based on the corresponding biennial updates of the UN Recommendations, the IMDG Code, and the ICAO TI. To maintain alignment of the HMR with international requirements, in this NPRM, we are proposing to incorporate [[Page 44805]] changes based on the Fifteenth revised edition of the UN Recommendations, Amendment 34 to the IMDG Code, and the 2009-2010 ICAO TI which become effective January 1, 2009. Federal law and policy strongly favor the harmonization of domestic and international standards for hazardous materials transportation. The Federal hazardous materials transportation law (Federal hazmat law; 49 U.S.C. 5101 et seq.) permits PHMSA to depart from international standards in order to promote safety or other overriding public interest, but otherwise requires PHMSA to align the HMR with international transport standards and requirements to the extent practicable (see 49 U.S.C. 5120). Harmonization facilitates international trade by minimizing the costs and other burdens of complying with multiple or inconsistent safety requirements for transportation of hazardous materials to and from the United States and becomes increasingly important as the volume of hazardous materials transported in international commerce grows. By facilitating compliance, harmonization also tends to enhance safety for international movements, but only if the international standards themselves provide an appropriate level of safety. To that end, PHMSA actively participates in the development of international standards for the transportation of hazardous materials, frequently advocating the adoption in international standards of particular HMR requirements. When considering the adoption of international standards under the HMR, we review and consider each amendment on its own merit. Each amendment is considered on the basis of its overall impact on transportation safety and the economic implications associated with its adoption into the HMR. Our goal is to harmonize without diminishing the level of safety currently provided by the HMR and without imposing undue burdens on the regulated public. II. Transportation of Batteries and Battery-Powered Equipment, Articles and Devices A. Current Regulatory Requirements The most significant proposals in this NPRM address the transportation of batteries and battery-powered devices. Currently batteries and battery-powered devices are subject to a number of requirements in the HMR. Most importantly, the HMR restrict the transportation of electrical devices, including batteries and battery- powered devices, that are likely to create sparks or generate a dangerous amount of heat that could cause fire, smoke, or otherwise adversely affect the packaging material or means of conveyance. These batteries and battery-powered devices are forbidden from transportation unless packaged in a manner that prevents such an occurrence (Sec. 173.21(c)). Additionally, the following types of batteries are subject to packaging and hazard communication requirements: Wet (electric storage) batteries (Sec. 173.159); Batteries containing sodium (Sec. 173.189); Lithium cells and batteries (Sec. 173.185); Solid potassium hydroxide batteries (Sec. 173.213); and Battery-powered vehicles and equipment (Sec. 173.220). These requirements primarily address the hazards posed by the chemicals contained in the batteries as opposed to the stored electrical energy. For instance, wet cell batteries are required to be packaged in a manner to prevent leakage of the corrosive battery fluid in the event of an accident. The electrical hazard of the battery is addressed through general requirements to prevent short-circuiting, and the general prohibition on transporting such devices without proper protection and packaging (Sec. 173.21(c)). But the HMR currently prescribes no separate or unique classification for identifying materials that present a hazard in transport based on their stored electrical energy. This proposed rule will address the electrical hazards posed by batteries and battery-powered devices by enhancing packaging and hazard communication requirements. B. Accident/Incident History A growing number of incidents involving batteries and battery- powered devices transported by aircraft (see Section II.B) has highlighted the transportation safety risks. Additionally, several factors are contributing to a heightened concern for the future transport of these devices, with particular attention to the risk onboard aircraft, including: (1) The increasing number of batteries and battery-powered portable and handheld devices (e.g., laptops, cellular phones, etc.) carried by airline passengers and otherwise transported in commerce; (2) the development and use of batteries with extended operating life and greater stored energy; and (3) the increasing number of counterfeit batteries in distribution and use. If not adequately protected from damage, short circuiting or, for devices containing batteries, inadvertent activation, batteries and battery-powered devices of all types can create or cause sparks or a dangerous amount of heat for extended periods, and in some cases, cause a fire. Cargo fires are a significant hazard in all modes of transportation and can have particularly catastrophic results in air transportation. If located aboard an aircraft during flight, inadequately protected batteries and battery-powered devices can pose a significant threat to the safety of people, property, and the environment. PHMSA and the Federal Aviation Administration (FAA) are aware of more than 90 incidents involving batteries or battery-powered devices in air transportation since 1996 that produced smoke, fire or a dangerous amount of heat. These incidents have occurred either on board an aircraft in cargo, checked, or carry-on baggage, or in ground transport facilities associated with air transportation. Many of these incidents involved shipments of batteries as cargo. The remainder involved shipments of electrically powered vehicles, equipment, or apparatus containing batteries. Since most batteries are excepted from the incident reporting requirements in the HMR, it is likely there have been additional incidents in all modes of transportation that were not reported. One major injury and several minor injuries were reported from these incidents. In some cases, the property damage and business interruption costs resulting from the incidents were significant. Most incidents occurred or were discovered on the ground in air transport facilities or vehicles. Three incidents occurred in flight on passenger and cargo planes, resulting in emergency landings or flight plan diversions. C. Recent Actions To Enhance Battery Safety In response to these incidents, PHMSA's predecessor agency (the Research and Special Programs Administration) issued a public advisory on July 7, 1999 (64 FR 36743), reminding the transportation industry and public that batteries and electric devices that contain batteries are forbidden for transport unless properly packaged to prevent the creation of sparks or generation of a dangerous amount of heat (Sec. 173.21). The FAA issued safety advisories to the airline industry on July 2, 1999, and again on May 23, 2002. In response to a series of incidents involving batteries carried by airline passengers, PHMSA initiated a campaign to educate the public about ways to reduce the risks posed in the transportation of batteries and battery- [[Page 44806]] powered devices. The campaign included establishing a dedicated Web page for air travelers and developing a battery safety guide that includes safety measures and tips for the general public, for distribution at airports, in retail outlets, and through electronic media. As part of our battery safety campaign, we recommended various practical measures for complying with the regulations and reducing transportation risks. Recommended practices include keeping batteries installed in electronic devices; packing spare batteries individually in carry-on baggage; keeping spare batteries in their original retail packaging; separating batteries from other metallic objects, such as keys, coins and jewelry; securely packing battery-powered devices in a manner to prevent accidental activation; and ensuring batteries are undamaged and purchased from reputable sources. On March 26, 2007, PHMSA issued a safety advisory notice (72 FR 14167) to further inform the traveling public and airline employees about the importance of properly packing and handling batteries and battery-powered devices when they are carried on board an aircraft. We have also initiated a comprehensive strategy aimed at reducing the risks posed by batteries and battery-powered devices in transportation. On February 22, 2007; April 26, 2007; May 24-25, 2007; and April 11, 2008, PHMSA hosted meetings with public and private sector stakeholders who share our concern for the safe transportation of batteries and battery-powered devices. The meetings provided an opportunity for representatives of the National Transportation Safety Board (NTSB), the Consumer Product Safety Commission, manufacturers of batteries and battery-powered devices, airlines, airline employee organizations, testing laboratories, and the emergency response and law enforcement communities to share and disseminate information about battery-related risks and developments. Understanding these risks is essential to promote improvements in industry standards and best practices. Together we identified a series of immediate and longer-term actions that participants are taking or will take to enhance safety, including: Comprehensive reporting and investigation of battery- related incidents; Improved battery, consumer product, and software design; Development and implementation of a technical standards agenda; Consideration and implementation of improved regulatory standards; Focused enforcement; and Development and implementation of a public outreach and education campaign. The new requirements proposed in this NPRM are an important element of the safety strategy, designed to address specific battery-related hazards not adequately addressed by existing HMR requirements. D. Proposals To Enhance the Safe Transportation of Batteries In this NPRM, we propose the following provisions to enhance the safe transportation of batteries and battery-powered devices: Require reporting of incidents involving batteries and battery-powered devices (devices include equipment) or vehicles. Clarify the requirement that batteries, and battery- powered devices and vehicles, be offered for transportation and transported in a manner that prevents short-circuiting, dangerous evolution of heat, damage to terminals, and, in the case of transportation by aircraft, unintentional activation. Require a certification on the shipping documentation that batteries and battery-powered devices have met the conditions and all requirements for transport as specified in the applicable exception or special provision. Eliminate the requirement to disconnect the terminals when a battery-powered wheelchair or mobility aid is transported as checked baggage, provided the wheelchair or mobility aid design provides an effective means of preventing unintentional activation. The measures proposed in this rule will harmonize the HMR with international standards applicable to the transportation of batteries and battery-powered devices. More importantly, these measures will provide data and information to develop an understanding of the root causes of battery incidents in transportation and reduce the associated risks. 1. Prevention of Short Circuits, Dangerous Evolution of Heat, Sparks, Unintentional Activation, or Damage to Terminals In this NPRM, we are proposing a number of revisions to clarify that batteries of all types and battery-powered devices, equipment, and vehicles must be packaged for transportation in a manner that prevents short-circuiting, damage to terminals, dangerous evolution of heat, and, for transportation by aircraft, unintentional activation. We are also proposing several examples of packaging methods that may meet this performance standard, including packaging each battery or each battery- powered device in fully enclosed inner packagings made of non- conductive material, and separating batteries and battery-powered devices in a manner to prevent contact with other batteries, devices or conductive materials (e.g., metal) in the packagings. Batteries designed with exposed terminals or connectors should have the exposed terminals or connectors individually protected with non-conductive caps. We propose to include language in Sec. Sec. 171.15, 171.16, 173.21, 173.159, 173.220, and 175.10 to further clarify these requirements. 2. Incident Reporting Since most batteries are currently excepted from the incident reporting requirements in the HMR, it is likely that numerous incidents involving batteries and battery-powered devices in all modes of transportation that have gone un-reported. This under-reporting has made it difficult to assess the full extent of incidents in transportation and their causes. Therefore, in this NPRM, we propose to require the reporting in accordance with Sec. Sec. 171.15 and 171.16 of the HMR of all incidents involving shipments of batteries or battery-powered devices involving fire, violent rupture, explosion, or a dangerous evolution of heat. The proposed reporting requirement applies to all battery shipments, including batteries that are prepared and offered as excepted from HMR requirements. The proposed incident reporting requirement is consistent with incident reporting provisions recently adopted by ICAO. (See Sec. Sec. 171.15 and 171.16.) 3. Batteries Installed in Equipment The HMR include a number of provisions applicable to batteries installed in vehicles, machinery, or other types of equipment. Section 173.220 sets forth transportation requirements for internal combustion engines, self-propelled vehicles, mechanical equipment containing internal combustion engines, and battery powered vehicles or equipment. Generally, this section excepts battery-powered vehicles, machinery, and equipment from the HMR, provided they meet certain minimal requirements. We are aware of several incidents resulting in a dangerous evolution of heat initiated by batteries of this design which have been inadequately protected. In this NPRM, we propose to require battery-powered vehicles, machinery, and equipment, [[Page 44807]] including battery-powered wheelchairs and mobility aids, to conform to the new requirements being proposed in Sec. 173.159, including requirements for protecting terminals and preventing short-circuiting and unintentional activation. In addition, we propose to clarify that battery-powered vehicles, machinery, and equipment are forbidden to be transported unless packaged in a manner preventing the creation of sparks, a dangerous amount of heat and, in air transportation, unintentional activation. Section 175.10 sets forth exceptions for passengers, crewmembers, and air operators. Currently, the HMR permit a wheelchair or other battery-powered mobility device to be carried on board a passenger aircraft as checked baggage provided that (1) visual inspection, including removal of the battery if necessary, reveals no obvious defects; (2) the battery is disconnected and terminals are insulated to prevent short-circuiting; and (3) the battery is securely attached to the wheelchair or mobility device or removed and separately packaged. We are concerned, however, that repeated handling of the battery in a wheelchair or other mobility device could result in damage or other problems that could compromise safety. Moreover, the design for batteries and their housing has significantly improved in recent years. Therefore, in this NPRM, we propose to revise paragraph Sec. 175.10(a)(15) to eliminate the current requirement to disconnect the terminals when a battery-powered wheelchair or other mobility device is transported as checked baggage provided the device provides an effective means of preventing unintentional activation. Battery terminals must continue to be protected from short-circuiting, but such protection is inherent in the design of most wheelchairs and mobility devices. This proposal will enhance safety while providing improved accommodation for passengers traveling with wheelchairs or mobility devices and is consistent with corresponding provisions in the ICAO TI. 4. Non-Spillable Batteries Section 173.159 sets forth requirements for the transportation of wet batteries, including non-spillable batteries. As currently provided in Sec. 173.159(d), non-spillable batteries are excepted from the HMR provided certain conditions are met. Unless all of the conditions specified in Sec. 173.159(d) are met, the non-spillable battery is fully subject to the HMR as a wet electric storage battery. International regulations outline the conditions in which a battery can be considered non-spillable and provide packaging requirements specific to non-spillable batteries. Non-spillable batteries meeting additional requirements are excepted from all other requirements of the HMR. In this NPRM, we are proposing to describe in Sec. 173.159(f) the conditions in which a battery can be considered non-spillable and relocate the exceptions pertaining to non-spillable batteries to a new Sec. 173.159a. Consistent with international requirements, we are proposing to specify that batteries can be considered ``non- spillable,'' provided they are capable of passing a vibration test and a pressure differential test without leakage. We are also proposing to require non-spillable batteries to be packaged in strong outer packaging and securely fastened in the battery holder or the equipment when the battery is an integral part of the operation of mechanical or electronic equipment. In addition, we propose to specify that except for the incident reporting requirements of Sec. Sec. 171.15 and 171.16, non-spillable batteries are not subject to the requirements of the HMR if they meet the following additional conditions: At a temperature of 55 [deg]C (131 [deg]F), the battery does not contain any unabsorbed free-flowing liquid, and must be designed so that electrolyte will not flow from a ruptured or cracked case; The battery must be protected against short-circuiting and securely packaged in strong outer packaging; The battery must be marked ``NONSPILLABLE'' or ``NONSPILLABLE BATTERY''; and For transportation by aircraft; They must meet the provisions of Sec. 173.159(b); and Indicate that all conditions for transport as specified in the applicable exception or special provision have been met with the words, ``not restricted'' on the airway bill. This indication will allow freight forwarders and operators to verify that the consignor is aware of, and has complied with, the applicable regulatory requirements. 5. Conforming Amendments We propose a number of conforming amendments in this NPRM to ensure that batteries are transported in accordance with the proposed requirements in Sec. 173.159. For example, Sec. 173.21(c) currently prohibits the transportation of electrical devices unless packaged to prevent the creation of sparks or generation of a dangerous amount of heat. In this NPRM, we propose to revise this paragraph to clarify that the term ``electrical devices'' includes ``batteries'' and ``battery- powered devices.'' We also propose to revise Special provision 130 to specify that ``Batteries, dry, sealed, n.o.s.'' are not subject to the requirements of the HMR except those pertaining to incident reporting, short circuit protection, damage to terminals, prevention of a dangerous amount of heat, damage to terminals, and when transported by aircraft, unintentional activation and an indication on the air waybill that all conditions for transport have been met (Special provision 130). In addition, we are proposing to amend certain entries in the Hazardous Materials Table (HMT) in Sec. 172.101. Currently, under the HMR, dry batteries are not subject to incident reporting or measures to prevent unintentional activation until a dangerous amount of heat has developed. As indicated above, in this NPRM, we propose to extend the requirements for incident reporting and enhanced packaging to cover all batteries and battery-powered devices. Thus, we propose to remove the entry ``Batteries, dry, not subject to the requirements of this subchapter'' in favor of a new entry, `''Batteries, dry, sealed, n.o.s.'' Note that shippers must distinguish between the proper shipping name ``Batteries, dry, sealed, n.o.s.,'' and the existing proper shipping name ``Batteries, wet, non-spillable, electric storage.'' Batteries described as ``Batteries, wet, non-spillable, electric storage'' have metallic lead and lead oxide electrodes and sulfuric acid electrolytes just like regular ``wet'' batteries, but the acid is either gelled up with silica or absorbed in a mat of micro-glass fibers. These batteries are not truly ``sealed'' (non-spillable) but are ``valve regulated'' (they are technically termed ``valve-regulated lead-acid'' or ``VRLA''). The resealable valves prevent the entrance of oxygen from the outside air, but release excess hydrogen and oxygen formed during overcharging. These types of batteries are generally used for 12-volt vehicular starting applications and uninterruptible power supply applications. Batteries described under the proposed new proper shipping name ``Batteries, dry, sealed, n.o.s'' are hermetically ``sealed'' and generally utilize other metals and/or carbon as electrodes. These batteries are typically used for portable power applications. The rechargeable (and some nonrechargeable) types have gelled alkaline electrolytes (rather than acidic) making it difficult for them to generate hydrogen or oxygen when overcharged. [[Page 44808]] The entry ``Batteries, dry, containing potassium hydroxide solid, electric storage'' would be revised by adding to column (7) a reference to proposed new Special provision ``237.'' The new special provision would specify that, for transportation by aircraft, ``Batteries, dry, containing potassium hydroxide solid, electric storage'' must be prepared and packaged in accordance with the requirements of Sec. 173.159(a), and for transportation by aircraft, Sec. 173.159(b)(2). The entry ``Batteries, wet, non-spillable, electric storage'' would be revised by adding to column (8A), a reference to proposed new Sec. 173.159a. Section 173.189 sets forth transportation requirements for batteries containing sodium or cells containing sodium. In this NPRM, we propose to revise paragraph (e) to specify that vehicles, machinery and equipment powered by sodium batteries must be consigned under the entry ``Battery-powered vehicle or Battery-powered equipment.'' Section 176.84 contains additional stowage and segregation requirements for hazardous materials on cargo and passenger vessels. In this NPRM, in order to fully align the HMR with the IMDG Code, a new vessel stowage code ``146'' is added to the Sec. 176.84(b) table to specify that, ``Category B stowage applies for unit loads in open cargo transport units.'' The new vessel stowage code ``146'' is assigned to ``Batteries, wet, filled with acid, electric storage,'' UN2794 and ``Batteries, wet, filled with alkali, electric storage,'' UN2795 in column (10B) of the HMT. 6. Lithium Batteries Except for incident reporting requirements, this NPRM does not propose any amendments pertaining to the transportation of lithium batteries. PHMSA is working to evaluate and reduce lithium battery risks through targeted enforcement; inspections and testing, including root cause investigation of all incidents; public outreach; and other non-regulatory initiatives. As we identify other opportunities for safety improvement, further rulemaking may be necessary. Before developing additional rulemaking proposals, PHMSA plans to complete an assessment of the costs and benefits of further restrictions and available alternatives. In the meantime, we will continue to monitor and evaluate the safety performance of lithium batteries in transportation, identify and target counterfeit and other non-conforming batteries, and encourage the development and introduction of safer battery designs. III. Additional Harmonization Proposals in This NPRM In addition to the battery proposals detailed above, in this NPRM, we are proposing the following amendments to harmonize the HMR with the most recent revisions to the UN Recommendations, ICAO TI, and IMDG Code: Hazardous Materials Table (HMT): Amendments to the HMT to add, revise, or remove certain proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, bulk packaging requirements, passenger and cargo aircraft maximum quantity limitations and vessels stowage provisions. Fuel Cells: Amendments to the HMT to add four new proper shipping names to describe the range of fuel used in fuel cell cartridges: (1) Corrosive substances (UN3477); (2) liquefied flammable gas (UN3478); (3) hydrogen in metal hydride (UN3479); and (4) water- reactive substances (UN3476). In addition, we are proposing amendments to expand the types of fuel cell cartridges permitted in carry-on baggage to include water-reactive substances and hydrogen in a metal hydride. Amendments to Sec. 173.230 provide packaging requirements for fuel cells and, except for transportation by aircraft, limited quantity exceptions for the various types of fuel cell cartridges specified above. Small Quantity Exceptions: Amendments maintaining current allowances for small quantities of Division 2.2, Class 3, Division 4.1, Division 4.2 (PG II and III), Division 4.3 (PG II and III), Division 5.1, Division 5.2, Division 6.1, Class 7, Class 8, and Class 9 materials transported by highway and rail and adopting the UN and ICAO excepted quantity provisions for transportation by aircraft or vessel. Incident Reporting: Amendments to provisions that except certain hazardous materials or commodities from the requirements of the HMR, including incident reporting requirements. The HMR contain overriding provisions in Sec. Sec. 171.15 and 171.16 requiring notice of specific types of incidents to the National Response Center (NRC) and submission of a Hazardous Materials Incident Report, DOT Form F 5800.1, when in possession of a hazardous material at the time of an incident. We would amend several provisions to emphasize the need to provide notice to the NRC and to address the need to obtain more accurate and complete data on incidents. The NRC relies on notices to gather and distribute spill data to emergency responders, and the DOT hazardous materials transportation safety program relies on DOT Form F 5800.1 to gather basic information on incidents that occur during transportation. Organic Peroxide Tables: Amendments to the Organic Peroxide Tables to add, revise, or remove certain hazardous materials and provisions. Incorporation by Reference: Amendments to incorporate by reference the updated ICAO TI, IMDG Code, and UN Recommendations. Hazard Communication on Air waybills: Amendments to require the consignor to indicate on the ``air waybill'' that certain hazardous materials or articles have met the conditions for transport as specified in the applicable exception or special provision. Petitions for Rulemaking: We are addressing several petitions for rulemaking: P-1490, requesting PHMSA to remove the requirement that the type of package must be included on the notification of pilot-in-command; P-1494, requesting PHMSA to specify that pictograms described in the UN GHS are not prohibited under the HMR; P-1505, requesting PHMSA to include a new proper shipping name ``Powder, smokeless,'' UN0509, to the Sec. 172.101 HMT and to include the new entry among the explosives assigned Packaging Instruction 114(b) in Sec. 173.62; and P-1516, requesting PHMSA to allow the marine pollutant list to remain the basis in domestic transportation for regulating substances hazardous to the environment while permitting substances meeting the new IMDG Code criteria to be transported as substances hazardous to the environment. We are also addressing petitions P-1517 and P-1518, requesting PHMSA to align provisions for the transport of fuel cell systems and cartridges in the HMR with international standards. Requirements for Marine Pollutants: Recently, the classification criteria for marine pollutants in the IMDG Code were amended for consistency with the aquatic toxicity criteria adopted within the GHS. The HMR currently allow materials meeting the criteria of a marine pollutant under the prior IMDG Code criteria to be classified as such for domestic or international transportation (see paragraph 4 of the introduction to Appendix B of 172.101). The new classification system adopted into the IMDG Code is complicated, and the associated criteria for classifying mixtures containing marine pollutants would involve an additional layer of complexity without a corresponding [[Page 44809]] public benefit; therefore, we are not proposing to adopt the new IMDG Code environmental classification system. In this rulemaking, we are proposing to maintain the current regulatory approach to facilitate transportation without mandating use of the new GHS-based criteria. We also propose to adopt a new marking for marine pollutants consistent with the marking adopted within the IMDG Code. These actions will provide the greatest possible harmonization with international requirements without imposing an undue burden on industry. This proposal is also consistent with a Petition for Rulemaking (P-1516) filed by the Dangerous Goods Advisory Council (DGAC). DGAC requested that for domestic transportation the marine pollutant list be maintained as the basis for regulating substances hazardous to the environment while permitting a substance meeting the new IMDG Code criteria to be transported as a substance hazardous to the aquatic environment. DGAC also recommended that the current 10% rule for classifying mixtures containing marine pollutants be used while allowing compliance with the mixture calculation in the IMDG Code. Though we have not proposed to implement a 10% rule for marine pollutants irrespective of whether they are identified as a severe marine pollutant, we request comments on that recommendation. In particular, we are interested in the environmental impacts of such a change and its effect on human health and the environment. We invite comments on the practical consequences of the differing approaches, for instance, in the event of release of such substances into aquatic resources and drinking water. IV. Amendments Not Being Considered for Adoption in This NPRM This NPRM proposes changes to the HMR based on amendments to the Fifteenth revised edition of the UN Recommendations, Amendment 34 to the IMDG Code, and the 2009-2010 ICAO TI, which become effective January 1, 2009. However, we are not proposing to adopt all of the amendments to those documents into the HMR. In many cases, amendments to the international recommendations and regulations have not been adopted because the framework or structure of the HMR makes adoption unnecessary. In other cases, we have handled, or will be handling, the amendments in separate rulemaking proceedings. If we have inadvertently omitted an amendment in this NPRM, we will attempt to include the omission in the final rule. However, our ability to make changes in a final rule is limited by requirements of the Administrative Procedure Act (5 U.S.C. 553). In some instances, we can adopt a provision inadvertently omitted in the NPRM if it is clearly within the scope of changes proposed in the notice, does not require substantive changes from the international standard on which it is based, and imposes minimal or no cost impacts on persons subject to the requirement. Otherwise, in order to provide opportunity for notice and comment, the change must be proposed in an NPRM. One of the goals of this rulemaking is to continue to maintain consistency between the HMR and the international requirements. We are not striving to make the HMR identical to the international regulations but rather to remove or avoid potential barriers to international transportation. Below is a 
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