80_FR_52535 80 FR 52368 - Notice of Lithium Battery Safety Public Meeting and Request for Information

80 FR 52368 - Notice of Lithium Battery Safety Public Meeting and Request for Information

DEPARTMENT OF TRANSPORTATION
Office of the Secretary of Transportation

Federal Register Volume 80, Issue 167 (August 28, 2015)

Page Range52368-52371
FR Document2015-21416

The U.S. Department of Transportation, including the Federal Aviation Administration's (FAA) Office of Hazardous Materials Safety and the Pipeline and Hazardous Materials Safety Administration's (PHMSA) Office of Hazardous Materials Safety, announce a public meeting seeking input on risk mitigation strategies to enhance the safe transport of lithium batteries by air. The meeting will include a discussion on pertinent safety recommendations of the International Civil Aviation Organization's (ICAO) International Multidisciplinary Lithium Battery Transport Group. The Department also invites comments and supporting data to be posted to the docket. Information presented at the public meeting or submitted to the docket will be used to help inform the Department as it prepares to participate in relevant ICAO Panel meetings this fall, including the ICAO Dangerous Goods Panel (DGP) meeting, currently scheduled for October 19-30, 2015. As is customary, another public meeting will be held prior to the upcoming ICAO DGP meeting.

Federal Register, Volume 80 Issue 167 (Friday, August 28, 2015)
[Federal Register Volume 80, Number 167 (Friday, August 28, 2015)]
[Notices]
[Pages 52368-52371]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-21416]


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DEPARTMENT OF TRANSPORTATION

Office of the Secretary of Transportation

[Docket No. DOT-OST-2015-0169]


Notice of Lithium Battery Safety Public Meeting and Request for 
Information

AGENCY: Pipeline and Hazardous Materials Safety Administration, Federal 
Aviation Administration, Department of Transportation.

ACTION: Notice of lithium battery safety public meeting and request for 
information.

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SUMMARY: The U.S. Department of Transportation, including the Federal 
Aviation Administration's (FAA) Office of Hazardous Materials Safety 
and the Pipeline and Hazardous Materials Safety Administration's 
(PHMSA) Office of Hazardous Materials Safety, announce a

[[Page 52369]]

public meeting seeking input on risk mitigation strategies to enhance 
the safe transport of lithium batteries by air. The meeting will 
include a discussion on pertinent safety recommendations of the 
International Civil Aviation Organization's (ICAO) International 
Multidisciplinary Lithium Battery Transport Group. The Department also 
invites comments and supporting data to be posted to the docket. 
Information presented at the public meeting or submitted to the docket 
will be used to help inform the Department as it prepares to 
participate in relevant ICAO Panel meetings this fall, including the 
ICAO Dangerous Goods Panel (DGP) meeting, currently scheduled for 
October 19-30, 2015. As is customary, another public meeting will be 
held prior to the upcoming ICAO DGP meeting.

DATES: The public meeting will be held on September 18, 2015, from 1:00 
p.m. until 5:00 p.m. Written comments also may be submitted to docket 
no. DOT-OST-2015-0169 at www.regulations.gov.
    Meeting Information: The public meeting will be held at the U.S. 
Department of Transportation Headquarters, 1200 New Jersey Avenue SE., 
Washington, DC 20590. The Department requests that attendees pre-
register for this meeting by completing the form at https://www.surveymonkey.com/r/RZWHJMR. Failure to pre-register may delay your 
access to the DOT Headquarters building. If participants are attending 
in person, arrive early to allow time for security checks necessary to 
obtain access to the building. Conference call-in and ``live meeting'' 
capability will be provided for the meeting. Conference call connection 
information will be provided to those who register and indicate that 
they will participate via conference call. An agenda will be posted to 
the docket prior to the meeting.
    We are committed to providing equal access to this meeting for all 
participants. If you need alternative formats or other reasonable 
accommodations, please call (202) 267-9432 or email 9-AWA-ASH-ADG-HazMat@faa.gov with your request by close of business on September 10, 
2015.
    A panel of representatives from the FAA and PHMSA will be present. 
The meeting is intended to be informal, non-adversarial, and to 
facilitate the public comment process. No individual will be subject to 
questioning by any other participant. Government representatives on the 
panel may ask questions to clarify statements. Unless otherwise stated, 
any statement made during the meetings by a panel member should not be 
construed as an official position of the U.S. government. The meeting 
will be open to all persons, subject to the capacity of the meeting 
room and phone lines available for those participating via conference 
call. Every effort will be made to accommodate all persons wishing to 
attend. We will try to accommodate all speakers, subject to time 
constraints.

ADDRESSES: You may submit comments by any of the following methods:
     Federal Rulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: Dockets 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 9:00 a.m. and 5:00 p.m., 
Monday through Friday, except Federal holidays. Instructions: Include 
the agency name and docket number DOT-OST-2015-0169 for this Notice 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 at 
http://www.dot.gov/privacy.
    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: Questions for FAA regarding the 
meeting can be directed to Janet McLaughlin, Director, Office of 
Hazardous Materials Safety, ADG-2, Federal Aviation Administration, 800 
Independence Avenue SW., Washington, DC 20591; telephone: (202) 267-
9432; email: 9-AWA-ASH-ADG-HazMat@faa.gov. Questions regarding the 
meeting for PHMSA can be directed to Shane Kelley, Assistant 
International Standards Coordinator, Pipeline and Hazardous Materials 
Safety Administration, PHH-10, 1200 New Jersey Ave. SE., Washington, DC 
20590; telephone: (202) 366-8553; email: shane.kelley@dot.gov.

SUPPLEMENTARY INFORMATION: 

Background

    The transportation by air of lithium cells and batteries to, from, 
or within the United States, and on U.S. registered aircraft operating 
anywhere in the world is subject to the U.S. Hazardous Materials 
Regulations (U.S. HMR).\1\ The U.S. HMR authorize the use of the ICAO 
Technical Instructions for the Safe Transport of Dangerous Goods by Air 
(ICAO TI) subject to certain conditions and limitations provided all or 
part of the transportation is by air.\2\ Representatives from the FAA 
and PHMSA participate in meetings of the ICAO DGP--the international 
body responsible for the ICAO TI. In consultation with the DOT, FAA, 
and other relevant government agencies, PHMSA works to periodically 
harmonize the provisions of the U.S. HMR with international regulatory 
approaches, including the ICAO TI.
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    \1\ 49 CFR parts 171-180.
    \2\ Lithium batteries are regulated as Class 9 miscellaneous 
hazardous materials per the ICAO TI and the U.S. HMR.
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Safety Issue

    The transportation of lithium batteries by air continues to raise 
significant safety concerns. Lithium batteries are known to be highly 
flammable and capable of self-ignition. Ignition of lithium batteries 
can be caused by a short circuit, overcharge, exposure to extreme 
temperatures, mishandling, or a defect. Once a battery is induced into 
such a state, either by internal failure or by external means such as 
heating or physical damage, the battery can generate sufficient heat to 
cause adjacent batteries to go into thermal runaway.
    Testing conducted by the FAA William J. Hughes Technical Center 
(FAA Tech Center) has shown that heat and flames generated from thermal 
runaway in a single package can spread to adjacent packages. According 
to the International Coordinating Council of Aerospace Industries 
Association (ICCAIA), Boeing, and other aircraft manufacturers, once an 
event like this occurs, the fire suppression capabilities of an 
aircraft may be exceeded,

[[Page 52370]]

potentially leading to a catastrophic loss of the aircraft because of a 
fire that cannot be contained.\3\
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    \3\ A copy of the working paper submitted to the ICAO DGP 
Working Group Meeting held from April 27-May 1, 2015 is available at 
http://www.icao.int/safety/DangerousGoods/DGPWG15/DGPWG.15.WP.004.5.en.pdf.
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    The FAA Tech Center research and findings, available at http://www.fire.tc.faa.gov, support the ICCAIA's and aircraft manufacturers' 
assessments. A fundamental concern highlighted by the FAA Tech Center's 
research is that the cargo compartment fire protection standards were 
not designed to address the unique hazards associated with the 
transport of lithium batteries. Specific safety concerns include:
     The potential for propagation of thermal runaway between 
cells or batteries in a package and between adjacent packages of 
batteries;
     The potential for uncontrolled lithium battery fires to 
overwhelm the capability of existing aircraft cargo fire protection 
systems, leading to a catastrophic failure of the airframe; and
     The potential for venting of combustible gases from 
lithium ion cells in thermal runaway, which could collect in an 
enclosed environment and cause an explosion even in the presence of a 
suppression agent.

DGP Multidisciplinary Working Group on Lithium Batteries

    In 2014, the ICAO DGP recognized that finding solutions to increase 
the safety of lithium battery transportation would require a 
multidisciplinary approach involving a wide range of experts, including 
those from the fields of dangerous goods (hazardous materials), 
aircraft operations, airworthiness, and battery manufacturing. This 
layered approach involves battery design, packaging standards, quantity 
limits, container capabilities, and fire suppression systems that can 
establish conditions in which lithium batteries may be transported 
without posing an unacceptable risk.
    To that end, in 2014, the ICAO Air Navigation Bureau organized two 
International Multidisciplinary Lithium Battery Transport Coordination 
Meetings. The first was held from February 4-6, 2014, in Atlantic City, 
NJ, and the second was held from September 9-11, 2014, in Cologne, 
Germany. Discussions during the first meeting focused primarily on 
lithium metal batteries and the report from the first meeting, 
including recommendations, can be found at: http://www.icao.int/safety/DangerousGoods/DGP/ICAO.LB.COORDINATION.Meeting.Report.pdf.
    The second multidisciplinary working group meeting continued the 
work from the February 2014 meeting and developed fourteen 
recommendations related to enhancing the safety of air transportation 
of lithium batteries. These recommendations were forwarded by the 
multidisciplinary group to the ICAO Dangerous Goods, Flight Operations, 
and Airworthiness Panels for consideration. The report from the second 
meeting, including all of the recommendations, can be found at: http://www.icao.int/safety/DangerousGoods/Second%20International%20Multidisciplinary%20Lithium%20Bat/ICAO.LB.COORDINATION.2ndMeeting.Report.pdf.
    In April 2015, the ICAO DGP reviewed the recommendations of the 
multidisciplinary working group and prioritized the following efforts: 
(1) Developing a performance-based provision to limit the probability 
of propagation of thermal runaway between cells; (2) limiting lithium-
ion cells to a 30% state of charge during transport as an interim means 
to reduce the probability of propagation of thermal runaway between 
cells; and (3) developing a performance-based packaging standard.
    On July 28, 2015, a third multidisciplinary working group meeting 
was convened to facilitate a focused discussion on the prioritized 
recommendations and develop options for addressing the recommendations 
for consideration by the ICAO DGP during the October 2015 meeting 
regarding (1) performance-based packaging standards; (2) system safety 
assessments for cargo aircraft; and (3) short term/interim actions that 
may be necessary.

Recommendations for Consideration by the ICAO DGP in October 2015

    As a result of the July 2015 meeting of the multidisciplinary 
group, draft performance criteria were discussed to improve the air 
transportation of lithium batteries. In addition, the working group 
considered a recommendation that would require operators to perform 
safety risk assessments in order to establish whether they can manage 
the risk associated with the transport of lithium batteries as cargo on 
passenger or all cargo aircraft. With respect to the performance 
criteria, the group favored an approach that would provide layers of 
mitigation options to meet the performance criteria. The determination 
of how to meet the performance criteria could be tailored to individual 
circumstances and informed by a rigorous safety assessment. Finally the 
group discussed additional measures that could be taken while a 
performance standard is being developed.
    The draft performance criteria are based on the principle that the 
hazardous effects associated with thermal runaway must remain within 
the package. The criteria specify that no hazardous quantities of flame 
and no hazardous fragments can exit the package. The surface 
temperature of the package also must be limited to prevent thermal 
runaway from spreading to adjacent packages and igniting adjacent 
packing material. Specific test methods remain to be developed.
    The group recommended the following draft performance criteria, to 
be met at either the package level or the battery/cell level:
     No hazardous amount of flame would be allowed outside of 
the package.
     The external surface temperature of the package would not 
exceed the amount that would ignite packaging material or cause 
batteries or cells in adjacent packages to go into thermal runaway.
     No hazardous fragments would be able to exit the package 
and the package would need to maintain its structural integrity.
     The quantity of flammable vapor would need to be less than 
the amount of gas, that when mixed in air and ignited could cause a 
pressure rise in a [2.8 m3 compartment] volume that could dislodge the 
aircraft cargo compartment liners [3.44 kPa-6.89 kPa (.5 psi-1 psi)].
    In addition to these criteria, the working group also considered 
whether performance criteria were necessary to address the risk 
associated with an external fire potentially compromising a package; 
however, there was no consensus reached on whether this should be part 
of a performance standard. The group recognized that the development of 
the means for compliance with the performance criteria could be done by 
either an ICAO working group or an external standards development 
organization.
    Additionally, the group recommended that operators perform a safety 
risk assessment in order to establish if they could manage safely the 
risks associated with the transport of lithium batteries as cargo on 
passenger or all-cargo aircraft. In order to perform a safety risk 
assessment, information on the types and quantities of lithium 
batteries and cells being transported would need to be considered. The 
very limited capabilities of the fire protection system

[[Page 52371]]

in a lithium battery fire event also would need to be considered. The 
group also recommended that guidance on how to conduct and evaluate a 
safety risk assessment be developed for operators. Guidance on safety 
risk assessments for operators and oversight by regulators also is 
expected to be addressed at the fall meeting of the ICAO Operations 
Panel (Annex 6).
    Finally, the group was asked to consider additional interim 
measures that could reduce risk in air transport, including measures 
such as forbidding the carriage of lithium ion batteries as cargo on 
passenger aircraft, eliminating the exceptions for certain small 
batteries in Section II of the ICAO TI lithium battery packing 
instructions, and reducing the state of charge of the battery in 
transport. There was no consensus reached by the group on these 
additional measures and no new recommendations were developed; however, 
it is expected these topics may be discussed further within the 
relevant ICAO Panels this fall.

Request for Public Input

    The DOT, FAA, and PHMSA request input from all industry 
stakeholders and interested individuals on strategies to enhance the 
safe transport of lithium batteries aboard passenger and cargo aircraft 
by air, to include the foregoing options which are now under 
consideration by the ICAO DGP, as well as the ICAO Operations and 
Airworthiness Panels. To the extent that any of these options are 
ultimately adopted as new standards or revisions to the ICAO TI, 
consistent with 49 U.S.C. 5120, the Department may consider adopting 
the standards or revised ICAO TI through a rulemaking action. 
Therefore, the Department requests input at the upcoming public 
meeting, as well as submissions to the docket on risk mitigation 
strategies, information, and data to help further inform our work in 
this area as we prepare to participate in the fall 2015 ICAO Panel 
meetings regarding these subjects.
    Specifically, the Department invites comment and recommendations, 
as well as any relevant supporting data, in the following areas:
     The draft performance criteria recommended by the third 
multidisciplinary group and how the criteria might be met at the 
packaging level or at the battery level to address the aviation fire 
hazards that have been identified.
     The recommendation that operators be required to perform a 
safety risk assessment in order to ensure management of the risks 
associated with the transport of lithium batteries as cargo on 
passenger or all-cargo aircraft to an acceptable level of safety.
     Additional measures which the group did not reach full 
consensus on, including:
    [cir] Consideration of the effects of an external fire as an 
element of the performance criteria to protect against the risks of a 
fire not initiated by a battery within a package.
    [cir] Forbidding the carriage of lithium ion batteries as cargo on 
passenger aircraft, as an interim measure.
    [cir] Eliminating the exceptions for certain small batteries in 
Section II of the ICAO TI lithium battery packing instructions or 
alternative means to identify the types and quantities of lithium 
batteries or cells being transported in order to effectively inform a 
safety risk assessment.
    [cir] Reducing the state of charge of the battery in transport.
     Qualitative and quantitative information on the potential 
impacts of implementing the above recommendations and/or additional 
measures, such as:
    [cir] Determination of the current level of exposure to these fire 
hazards--Data or information on the volumes of batteries currently 
transported on passenger aircraft or those utilizing the provisions of 
section II of the ICAO TI.
    [cir] Establishment of the current baseline--Data or information 
regarding the effectiveness of the current requirements, evolution in 
the market, voluntary safety actions, and emerging safety risks.
    [cir] Potential benefits--Data or information providing estimates 
of potential safety benefits related to the recommendations and 
additional measures under consideration by ICAO, as well as 
alternatives that provide comparable or greater safety benefits.
    [cir] Potential costs--Data or information providing estimates of 
potential costs associated with the recommendations and additional 
measures under consideration by ICAO.
    [cir] Studies or analysis on the effectiveness of the 
recommendations and additional measures--Any studies that address how 
lithium batteries in differing packaging types or at varying charge 
states behave in aviation fire scenarios.

    Issued in Washington, DC, on August 24, 2015.
Kathryn B. Thomson,
General Counsel.
[FR Doc. 2015-21416 Filed 8-27-15; 8:45 am]
BILLING CODE 4910-9X-P



                                             52368                         Federal Register / Vol. 80, No. 167 / Friday, August 28, 2015 / Notices

                                             average daily traffic (ADT) and average                 specified in the Federal Register notice              grant agreement negotiated between the
                                             daily truck traffic (ADTT); average daily               for the TIGER Discretionary Grant                     grantee and the Government. The Pre-
                                             total train delay (minutes); average daily              program. As announced in the Federal                  project Report will include a detailed
                                             total (all vehicles) vehicle delay at                   Register notices for TIGER Discretionary              description of data sources,
                                             crossings; transit service level; facility              Grant programs, grantees are expected to              assumptions, variability, and the
                                             service level; average hourly (or peak &                provide information to the Government                 estimated level of precision for each
                                             off-peak) vehicle travel time; average                  so that the Government may monitor the                measure. The Grantees will submit
                                             hourly (or peak & off-peak) buffer index;               financial conditions and progress of                  interim Project Performance
                                             annual crash rates by type/severity;                    projects, as well as the effectiveness of             Measurement Reports to the
                                             average slow order miles and average                    projects using performance                            Government for each of the performance
                                             daily delay minutes due to slow orders;                 measurement metrics negotiated                        measures specified in the Performance
                                             bridge condition (Sufficiency Rating);                  between the grantees and the                          Measurement Table in the grant
                                             road closure/lost capacity time (lane-                  Government.                                           agreement negotiated between the
                                             hours).                                                    This request reinstates a previously               grantee and the Government. Grantees
                                                Project Outcomes.—Detailing Project                  approved information collection that is               will submit reports at each of the
                                             successes and/or the influence of                       necessary to receive applications for                 intervals identified for the duration of
                                             external factors on Project expectations,               grant funds, to evaluate the effectiveness            the time period specified in the
                                             including an ex post examination of                     of projects that have been awarded grant              Performance Measurement Table in the
                                             project effectiveness in relation to the                funds and to monitor project financial                grant agreement negotiated between the
                                             Pre-project Report baselines.                           conditions and project progress.                      grantee and the Government. The
                                                Background: On February 17, 2009,                       The reporting requirements for the                 Grantees will submit a Project Outcomes
                                             the President of the United States signed               program are as follows:                               Report after the project is completed
                                             the Recovery Act to, among other                           Grantees will submit reports on the                that will consist of a narrative
                                             purposes, (1) preserve and create jobs                  financial condition of the project and                discussion detailing project successes
                                             and promote economic recovery, (2)                      the project’s progress. Grantees will                 and/or the influence of external factors
                                             invest in transportation infrastructure                 submit progress reports and the Federal               on project expectations.
                                             that will provide long-term economic                    Financial Report (SF–425) to the                        This information collected will be
                                             benefits, and (3) assist those most                     Government on a quarterly basis,                      used to evaluate and compare projects
                                             affected by the current economic                        beginning on the 20th of the first month              and the monitor results that grant funds
                                             downturn. The Recovery Act                              of the calendar-year quarter following                achieve, ensuring that grant funds
                                             appropriated $1.5 billion of                            the execution of a grant agreement, and               achieved the outcomes targeted by the
                                             discretionary grant funds to be awarded                 on the 20th of the first month of each                TIGER Discretionary Grant program.
                                             by the Department of Transportation for                 calendar-year quarter thereafter until
                                                                                                     completion of the project. The initial                  Authority: The Paperwork Reduction Act
                                             capital investments in surface                                                                                of 1995; 44 U.S.C. Chapter 35, as amended;
                                             transportation infrastructure. The                      report will include a detailed                        and 49 CFR 148.
                                             Department refers to these grants as                    description, and, where appropriate,
                                             ‘‘Grants for Transportation Investment                  drawings, of the items funded.                          Issued in Washington, DC on August 19,
                                                                                                        Grantees will also submit an Annual                2015.
                                             Generating Economic Recovery’’ or
                                                                                                     Budget Review and Program Plan to the                 Patricia Lawton,
                                             ‘‘TIGER’’ Discretionary Grants. Funding
                                             for 51 projects totaling nearly $1.5                    Government via email 60 days prior to                 DOT Paperwork Reduction Act Clearance
                                                                                                     the end of each Agreement year that                   Officer, Office of the Chief Information
                                             billion under the TIGER program was
                                                                                                                                                           Officer.
                                             announced on February 17, 2010.                         they are receiving grant funds. The
                                                                                                     Annual Budget Review and Program                      [FR Doc. 2015–21337 Filed 8–27–15; 8:45 am]
                                             Projects were selected based on their
                                             alignment with the selection criteria                   Plan will provide a detailed schedule of              BILLING CODE 4910–9X–P

                                             specified in the Federal Register notice                activities, estimate of specific
                                             for the TIGER Discretionary Grant                       performance objectives, include
                                                                                                     forecasted expenditures, and schedule                 DEPARTMENT OF TRANSPORTATION
                                             program. On December 16, 2009 the
                                             President signed the FY 2010                            of milestones for the upcoming year. If               Office of the Secretary of
                                             Appropriations Act. The FY 2010                         there is an actual or projected project               Transportation
                                             Appropriations Act appropriated $600                    cost increase, the Annual Budget
                                             million for National Infrastructure                     Review will include a written plan for                [Docket No. DOT–OST–2015–0169]
                                             Investments using language that is very                 providing additional sources of funding
                                             similar, but not identical to the language              to cover the project budget shortfall or              Notice of Lithium Battery Safety Public
                                             in the Recovery Act authorizing the                     supporting documentation of committed                 Meeting and Request for Information
                                             TIGER Discretionary Grants. The                         funds to cover the cost increase.                     AGENCY: Pipeline and Hazardous
                                             Department is referring to the grants for                  This information will be used to                   Materials Safety Administration,
                                             National Infrastructure Investments as                  monitor grantees’ use of Federal funds,               Federal Aviation Administration,
                                             TIGER Discretionary Grants. TIGER                       ensuring accountability and financial                 Department of Transportation.
                                             Discretionary Grants are for capital                    transparency in the TIGER programs.                   ACTION: Notice of lithium battery safety
                                             investments in surface transportation                      Grantees will also submit reports on               public meeting and request for
                                             infrastructure and are to be awarded on                 the performance (or projected                         information.
                                             a competitive basis for projects that will              performance) of the project on
Lhorne on DSK5TPTVN1PROD with NOTICES




                                             have a significant impact on the Nation,                performance measures that the grantee                 SUMMARY:  The U.S. Department of
                                             a metropolitan area, or a region.                       and the Government select through                     Transportation, including the Federal
                                             Funding for 72 projects totaling nearly                 negotiations. The Grantees will submit a              Aviation Administration’s (FAA) Office
                                             $600 million under the TIGER program                    Pre-project Report that will consist of               of Hazardous Materials Safety and the
                                             was announced on September 12, 2014.                    current baseline data for each of the                 Pipeline and Hazardous Materials Safety
                                             Projects were selected based on their                   performance measures specified in the                 Administration’s (PHMSA) Office of
                                             alignment with the selection criteria                   Performance Measurement Table in the                  Hazardous Materials Safety, announce a


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                                                                           Federal Register / Vol. 80, No. 167 / Friday, August 28, 2015 / Notices                                                 52369

                                             public meeting seeking input on risk                    clarify statements. Unless otherwise                  267–9432; email: 9-AWA-ASH-ADG-
                                             mitigation strategies to enhance the safe               stated, any statement made during the                 HazMat@faa.gov. Questions regarding
                                             transport of lithium batteries by air. The              meetings by a panel member should not                 the meeting for PHMSA can be directed
                                             meeting will include a discussion on                    be construed as an official position of               to Shane Kelley, Assistant International
                                             pertinent safety recommendations of the                 the U.S. government. The meeting will                 Standards Coordinator, Pipeline and
                                             International Civil Aviation                            be open to all persons, subject to the                Hazardous Materials Safety
                                             Organization’s (ICAO) International                     capacity of the meeting room and phone                Administration, PHH–10, 1200 New
                                             Multidisciplinary Lithium Battery                       lines available for those participating               Jersey Ave. SE., Washington, DC 20590;
                                             Transport Group. The Department also                    via conference call. Every effort will be             telephone: (202) 366–8553; email:
                                             invites comments and supporting data                    made to accommodate all persons                       shane.kelley@dot.gov.
                                             to be posted to the docket. Information                 wishing to attend. We will try to                     SUPPLEMENTARY INFORMATION:
                                             presented at the public meeting or                      accommodate all speakers, subject to
                                             submitted to the docket will be used to                 time constraints.                                     Background
                                             help inform the Department as it                        ADDRESSES: You may submit comments                       The transportation by air of lithium
                                             prepares to participate in relevant ICAO                by any of the following methods:                      cells and batteries to, from, or within
                                             Panel meetings this fall, including the                    • Federal Rulemaking Portal: http://               the United States, and on U.S. registered
                                             ICAO Dangerous Goods Panel (DGP)                        www.regulations.gov. Follow the                       aircraft operating anywhere in the world
                                             meeting, currently scheduled for                        instructions for submitting comments.                 is subject to the U.S. Hazardous
                                             October 19–30, 2015. As is customary,                      • Fax: 202–493–2251.                               Materials Regulations (U.S. HMR).1 The
                                             another public meeting will be held                        • Mail: Dockets Management System;                 U.S. HMR authorize the use of the ICAO
                                             prior to the upcoming ICAO DGP                          U.S. Department of Transportation,                    Technical Instructions for the Safe
                                             meeting.                                                Dockets Operations, M–30, Ground                      Transport of Dangerous Goods by Air
                                             DATES: The public meeting will be held                  Floor, Room W12–140, 1200 New Jersey                  (ICAO TI) subject to certain conditions
                                             on September 18, 2015, from 1:00 p.m.                   Avenue SE., Washington, DC 20590–                     and limitations provided all or part of
                                             until 5:00 p.m. Written comments also                   0001.                                                 the transportation is by air.2
                                             may be submitted to docket no. DOT–                        • Hand Delivery: To U.S. Department                Representatives from the FAA and
                                             OST–2015–0169 at                                        of Transportation, Dockets Operations,                PHMSA participate in meetings of the
                                             www.regulations.gov.                                    M–30, Ground Floor, Room W12–140,                     ICAO DGP—the international body
                                                Meeting Information: The public                      1200 New Jersey Avenue SE.,                           responsible for the ICAO TI. In
                                             meeting will be held at the U.S.                        Washington, DC 20590–0001, between                    consultation with the DOT, FAA, and
                                             Department of Transportation                            9:00 a.m. and 5:00 p.m., Monday                       other relevant government agencies,
                                             Headquarters, 1200 New Jersey Avenue                    through Friday, except Federal holidays.              PHMSA works to periodically
                                             SE., Washington, DC 20590. The                          Instructions: Include the agency name                 harmonize the provisions of the U.S.
                                             Department requests that attendees pre-                 and docket number DOT–OST–2015–                       HMR with international regulatory
                                             register for this meeting by completing                 0169 for this Notice at the beginning of              approaches, including the ICAO TI.
                                             the form at https://                                    your comment. Note that all comments                  Safety Issue
                                             www.surveymonkey.com/r/RZWHJMR.                         received will be posted without change
                                                                                                     to http://www.regulations.gov including                  The transportation of lithium batteries
                                             Failure to pre-register may delay your
                                                                                                     any personal information provided. If                 by air continues to raise significant
                                             access to the DOT Headquarters
                                                                                                     sent by mail, comments must be                        safety concerns. Lithium batteries are
                                             building. If participants are attending in
                                                                                                     submitted in duplicate. Persons wishing               known to be highly flammable and
                                             person, arrive early to allow time for
                                                                                                     to receive confirmation of receipt of                 capable of self-ignition. Ignition of
                                             security checks necessary to obtain
                                                                                                     their comments must include a self-                   lithium batteries can be caused by a
                                             access to the building. Conference call-
                                                                                                     addressed stamped postcard.                           short circuit, overcharge, exposure to
                                             in and ‘‘live meeting’’ capability will be
                                                                                                        Privacy Act: Anyone is able to search              extreme temperatures, mishandling, or a
                                             provided for the meeting. Conference
                                                                                                     the electronic form of any written                    defect. Once a battery is induced into
                                             call connection information will be
                                                                                                     communications and comments                           such a state, either by internal failure or
                                             provided to those who register and
                                                                                                     received into any of our dockets by the               by external means such as heating or
                                             indicate that they will participate via
                                                                                                     name of the individual submitting the                 physical damage, the battery can
                                             conference call. An agenda will be
                                                                                                     document (or signing the document, if                 generate sufficient heat to cause
                                             posted to the docket prior to the
                                                                                                     submitted on behalf of an association,                adjacent batteries to go into thermal
                                             meeting.
                                                                                                     business, labor union, etc.). You may                 runaway.
                                                We are committed to providing equal
                                                                                                     review DOT’s complete Privacy Act                        Testing conducted by the FAA
                                             access to this meeting for all
                                                                                                     Statement at http://www.dot.gov/                      William J. Hughes Technical Center
                                             participants. If you need alternative
                                                                                                     privacy.                                              (FAA Tech Center) has shown that heat
                                             formats or other reasonable
                                                                                                        Docket: You may view the public                    and flames generated from thermal
                                             accommodations, please call (202) 267–
                                                                                                     docket through the Internet at http://                runaway in a single package can spread
                                             9432 or email 9-AWA-ASH-ADG-
                                                                                                     www.regulations.gov or in person at the               to adjacent packages. According to the
                                             HazMat@faa.gov with your request by
                                                                                                     Docket Operations office at the above                 International Coordinating Council of
                                             close of business on September 10,
                                                                                                     address (See ADDRESSES).                              Aerospace Industries Association
                                             2015.
                                                A panel of representatives from the                                                                        (ICCAIA), Boeing, and other aircraft
                                                                                                     FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                           manufacturers, once an event like this
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                                             FAA and PHMSA will be present. The                      Questions for FAA regarding the
                                             meeting is intended to be informal, non-                                                                      occurs, the fire suppression capabilities
                                                                                                     meeting can be directed to Janet
                                             adversarial, and to facilitate the public                                                                     of an aircraft may be exceeded,
                                                                                                     McLaughlin, Director, Office of
                                             comment process. No individual will be                  Hazardous Materials Safety, ADG–2,                      1 49CFR parts 171–180.
                                             subject to questioning by any other                     Federal Aviation Administration, 800                    2 Lithium batteries are regulated as Class 9
                                             participant. Government representatives                 Independence Avenue SW.,                              miscellaneous hazardous materials per the ICAO TI
                                             on the panel may ask questions to                       Washington, DC 20591; telephone: (202)                and the U.S. HMR.



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                                             52370                         Federal Register / Vol. 80, No. 167 / Friday, August 28, 2015 / Notices

                                             potentially leading to a catastrophic loss              Goods/DGP/ICAO.LB.COORDINATION.                       circumstances and informed by a
                                             of the aircraft because of a fire that                  Meeting.Report.pdf.                                   rigorous safety assessment. Finally the
                                             cannot be contained.3                                      The second multidisciplinary working               group discussed additional measures
                                                The FAA Tech Center research and                     group meeting continued the work from                 that could be taken while a performance
                                             findings, available at http://                          the February 2014 meeting and                         standard is being developed.
                                             www.fire.tc.faa.gov, support the                        developed fourteen recommendations                       The draft performance criteria are
                                             ICCAIA’s and aircraft manufacturers’                    related to enhancing the safety of air                based on the principle that the
                                             assessments. A fundamental concern                      transportation of lithium batteries.                  hazardous effects associated with
                                             highlighted by the FAA Tech Center’s                    These recommendations were                            thermal runaway must remain within
                                             research is that the cargo compartment                  forwarded by the multidisciplinary                    the package. The criteria specify that no
                                             fire protection standards were not                      group to the ICAO Dangerous Goods,                    hazardous quantities of flame and no
                                             designed to address the unique hazards                  Flight Operations, and Airworthiness                  hazardous fragments can exit the
                                             associated with the transport of lithium                Panels for consideration. The report                  package. The surface temperature of the
                                             batteries. Specific safety concerns                     from the second meeting, including all                package also must be limited to prevent
                                             include:                                                of the recommendations, can be found                  thermal runaway from spreading to
                                                • The potential for propagation of                   at: http://www.icao.int/safety/                       adjacent packages and igniting adjacent
                                             thermal runaway between cells or                        DangerousGoods/Second                                 packing material. Specific test methods
                                             batteries in a package and between                      %20International%20Multidisciplinary                  remain to be developed.
                                             adjacent packages of batteries;                         %20Lithium%20Bat/ICAO.LB.                                The group recommended the
                                                • The potential for uncontrolled                     COORDINATION.2ndMeeting.                              following draft performance criteria, to
                                             lithium battery fires to overwhelm the                  Report.pdf.                                           be met at either the package level or the
                                             capability of existing aircraft cargo fire                 In April 2015, the ICAO DGP                        battery/cell level:
                                             protection systems, leading to a                        reviewed the recommendations of the                      • No hazardous amount of flame
                                             catastrophic failure of the airframe; and               multidisciplinary working group and                   would be allowed outside of the
                                                • The potential for venting of                       prioritized the following efforts: (1)                package.
                                             combustible gases from lithium ion cells                Developing a performance-based                           • The external surface temperature of
                                             in thermal runaway, which could                         provision to limit the probability of                 the package would not exceed the
                                             collect in an enclosed environment and                  propagation of thermal runaway                        amount that would ignite packaging
                                             cause an explosion even in the presence                 between cells; (2) limiting lithium-ion               material or cause batteries or cells in
                                             of a suppression agent.                                 cells to a 30% state of charge during                 adjacent packages to go into thermal
                                             DGP Multidisciplinary Working Group                     transport as an interim means to reduce               runaway.
                                                                                                     the probability of propagation of                        • No hazardous fragments would be
                                             on Lithium Batteries
                                                                                                     thermal runaway between cells; and (3)                able to exit the package and the package
                                                In 2014, the ICAO DGP recognized                     developing a performance-based                        would need to maintain its structural
                                             that finding solutions to increase the                  packaging standard.                                   integrity.
                                             safety of lithium battery transportation                   On July 28, 2015, a third                             • The quantity of flammable vapor
                                             would require a multidisciplinary                       multidisciplinary working group                       would need to be less than the amount
                                             approach involving a wide range of                      meeting was convened to facilitate a                  of gas, that when mixed in air and
                                             experts, including those from the fields                focused discussion on the prioritized                 ignited could cause a pressure rise in a
                                             of dangerous goods (hazardous                           recommendations and develop options                   [2.8 m3 compartment] volume that
                                             materials), aircraft operations,                        for addressing the recommendations for                could dislodge the aircraft cargo
                                             airworthiness, and battery                              consideration by the ICAO DGP during                  compartment liners [3.44 kPa–6.89 kPa
                                             manufacturing. This layered approach                    the October 2015 meeting regarding (1)                (.5 psi–1 psi)].
                                             involves battery design, packaging                      performance-based packaging standards;                   In addition to these criteria, the
                                             standards, quantity limits, container                   (2) system safety assessments for cargo               working group also considered whether
                                             capabilities, and fire suppression                      aircraft; and (3) short term/interim                  performance criteria were necessary to
                                             systems that can establish conditions in                actions that may be necessary.                        address the risk associated with an
                                             which lithium batteries may be                                                                                external fire potentially compromising a
                                             transported without posing an                           Recommendations for Consideration by                  package; however, there was no
                                             unacceptable risk.                                      the ICAO DGP in October 2015                          consensus reached on whether this
                                                To that end, in 2014, the ICAO Air                      As a result of the July 2015 meeting               should be part of a performance
                                             Navigation Bureau organized two                         of the multidisciplinary group, draft                 standard. The group recognized that the
                                             International Multidisciplinary Lithium                 performance criteria were discussed to                development of the means for
                                             Battery Transport Coordination                          improve the air transportation of                     compliance with the performance
                                             Meetings. The first was held from                       lithium batteries. In addition, the                   criteria could be done by either an ICAO
                                             February 4–6, 2014, in Atlantic City, NJ,               working group considered a                            working group or an external standards
                                             and the second was held from                            recommendation that would require                     development organization.
                                             September 9–11, 2014, in Cologne,                       operators to perform safety risk                         Additionally, the group recommended
                                             Germany. Discussions during the first                   assessments in order to establish                     that operators perform a safety risk
                                             meeting focused primarily on lithium                    whether they can manage the risk                      assessment in order to establish if they
                                             metal batteries and the report from the                 associated with the transport of lithium              could manage safely the risks associated
                                             first meeting, including                                batteries as cargo on passenger or all                with the transport of lithium batteries as
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                                             recommendations, can be found at:                       cargo aircraft. With respect to the                   cargo on passenger or all-cargo aircraft.
                                             http://www.icao.int/safety/Dangerous                    performance criteria, the group favored               In order to perform a safety risk
                                                                                                     an approach that would provide layers                 assessment, information on the types
                                               3 A copy of the working paper submitted to the
                                                                                                     of mitigation options to meet the                     and quantities of lithium batteries and
                                             ICAO DGP Working Group Meeting held from April
                                             27–May 1, 2015 is available at http://www.icao.int/
                                                                                                     performance criteria. The determination               cells being transported would need to be
                                             safety/DangerousGoods/DGPWG15/DGPWG.15.WP               of how to meet the performance criteria               considered. The very limited
                                             .004.5.en.pdf.                                          could be tailored to individual                       capabilities of the fire protection system


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                                                                           Federal Register / Vol. 80, No. 167 / Friday, August 28, 2015 / Notices                                         52371

                                             in a lithium battery fire event also                    the transport of lithium batteries as                 DEPARTMENT OF TRANSPORTATION
                                             would need to be considered. The group                  cargo on passenger or all-cargo aircraft
                                             also recommended that guidance on                       to an acceptable level of safety.                     Bureau of Transportation Statistics
                                             how to conduct and evaluate a safety                       • Additional measures which the                    [Docket ID Number: DOT–OST–2014–0031]
                                             risk assessment be developed for                        group did not reach full consensus on,
                                             operators. Guidance on safety risk                      including:                                            Agency Information Collection;
                                             assessments for operators and oversight                    Æ Consideration of the effects of an               Activity Under OMB Review; Airline
                                             by regulators also is expected to be                    external fire as an element of the                    Service Quality Performance—Part 234
                                             addressed at the fall meeting of the                    performance criteria to protect against
                                             ICAO Operations Panel (Annex 6).                                                                              AGENCY:   Office of the Assistant
                                                                                                     the risks of a fire not initiated by a                Secretary for Research and Technology
                                                Finally, the group was asked to
                                                                                                     battery within a package.                             (OST–R), Bureau of Transportation
                                             consider additional interim measures
                                             that could reduce risk in air transport,                   Æ Forbidding the carriage of lithium               Statistics (BTS), DOT.
                                             including measures such as forbidding                   ion batteries as cargo on passenger                   ACTION: Notice.
                                             the carriage of lithium ion batteries as                aircraft, as an interim measure.
                                                                                                        Æ Eliminating the exceptions for                   SUMMARY:   In compliance with the
                                             cargo on passenger aircraft, eliminating
                                                                                                     certain small batteries in Section II of              Paperwork Reduction Act of 1995 (44
                                             the exceptions for certain small batteries
                                                                                                     the ICAO TI lithium battery packing                   U.S.C. 3501 et seq.), this notice
                                             in Section II of the ICAO TI lithium
                                                                                                     instructions or alternative means to                  announces that the Information
                                             battery packing instructions, and
                                                                                                     identify the types and quantities of                  Collection Request (ICR) abstracted
                                             reducing the state of charge of the
                                                                                                     lithium batteries or cells being                      below is being forwarded to the Office
                                             battery in transport. There was no
                                                                                                     transported in order to effectively                   of Management and Budget (OMB) for
                                             consensus reached by the group on
                                                                                                     inform a safety risk assessment.                      re-instatement of an expired collection.
                                             these additional measures and no new
                                                                                                                                                           The ICR describes the nature of the
                                             recommendations were developed;                            Æ Reducing the state of charge of the
                                                                                                                                                           information collection and its expected
                                             however, it is expected these topics may                battery in transport.
                                                                                                                                                           burden. The Federal Register Notice
                                             be discussed further within the relevant                   • Qualitative and quantitative                     with a 60-day comment period soliciting
                                             ICAO Panels this fall.                                  information on the potential impacts of               comments on the following collection of
                                             Request for Public Input                                implementing the above                                information was published on June 15,
                                                                                                     recommendations and/or additional                     2015 (80 FR 34198). There were no
                                               The DOT, FAA, and PHMSA request                       measures, such as:
                                             input from all industry stakeholders and                                                                      comments.
                                             interested individuals on strategies to                    Æ Determination of the current level
                                                                                                                                                           DATES: Written comments should be
                                             enhance the safe transport of lithium                   of exposure to these fire hazards—Data                submitted by September 28, 2015.
                                             batteries aboard passenger and cargo                    or information on the volumes of
                                                                                                                                                           FOR FURTHER INFORMATION CONTACT:
                                             aircraft by air, to include the foregoing               batteries currently transported on
                                                                                                     passenger aircraft or those utilizing the             Cecelia Robinson, Office of Airline
                                             options which are now under                                                                                   Information, RTS–42, Room E34–410,
                                             consideration by the ICAO DGP, as well                  provisions of section II of the ICAO TI.
                                                                                                                                                           OST–R, BTS, 1200 New Jersey Avenue
                                             as the ICAO Operations and                                 Æ Establishment of the current                     SE., Washington, DC 20590–0001,
                                             Airworthiness Panels. To the extent that                baseline—Data or information regarding                Telephone Number (202) 366–4405, Fax
                                             any of these options are ultimately                     the effectiveness of the current                      Number (202) 366–3383 or EMAIL
                                             adopted as new standards or revisions                   requirements, evolution in the market,                cecelia.robinson@dot.gov.
                                             to the ICAO TI, consistent with 49                      voluntary safety actions, and emerging                  Comments: Send comments to the
                                             U.S.C. 5120, the Department may                         safety risks.                                         Office of Information and Regulatory
                                             consider adopting the standards or                         Æ Potential benefits—Data or                       Affairs, Office of Management and
                                             revised ICAO TI through a rulemaking                    information providing estimates of                    Budget, 725–17th Street NW.,
                                             action. Therefore, the Department                       potential safety benefits related to the              Washington, DC 20503, Attention: OST
                                             requests input at the upcoming public                   recommendations and additional                        Desk Officer.
                                             meeting, as well as submissions to the                  measures under consideration by ICAO,                 SUPPLEMENTARY INFORMATION: OMB
                                             docket on risk mitigation strategies,                   as well as alternatives that provide                  Approval No. 2138–0041.
                                             information, and data to help further                   comparable or greater safety benefits.                  Title: Airline Service Quality
                                             inform our work in this area as we                         Æ Potential costs—Data or                          Performance –Part 234.
                                             prepare to participate in the fall 2015                 information providing estimates of                      Form No.: BTS Form 234
                                             ICAO Panel meetings regarding these                     potential costs associated with the                     Type of Review: Re-instatement of an
                                             subjects.                                               recommendations and additional                        expired collection.
                                               Specifically, the Department invites                  measures under consideration by ICAO.                   Respondents: Large certificated air
                                             comment and recommendations, as well                       Æ Studies or analysis on the                       carriers that account for at least 1
                                             as any relevant supporting data, in the                 effectiveness of the recommendations                  percent of domestic scheduled
                                             following areas:                                        and additional measures—Any studies                   passenger revenues.
                                               • The draft performance criteria                      that address how lithium batteries in                   Number of Respondents: 14.
                                             recommended by the third                                                                                        Total Number of Annual Responses:
                                                                                                     differing packaging types or at varying
                                             multidisciplinary group and how the                                                                           168.
                                                                                                     charge states behave in aviation fire                   Estimated Time per Response: 20
                                             criteria might be met at the packaging                  scenarios.
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                                             level or at the battery level to address                                                                      hours.
                                             the aviation fire hazards that have been                  Issued in Washington, DC, on August 24,               Total Annual Burden: 3,360 hours.
                                                                                                     2015.
                                             identified.                                                                                                   Needs and Uses
                                               • The recommendation that operators                   Kathryn B. Thomson,
                                             be required to perform a safety risk                    General Counsel.                                      Consumer Information
                                             assessment in order to ensure                           [FR Doc. 2015–21416 Filed 8–27–15; 8:45 am]             Part 234 gives air travelers
                                             management of the risks associated with                 BILLING CODE 4910–9X–P                                information concerning their chances of


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Document Created: 2015-12-15 11:04:30
Document Modified: 2015-12-15 11:04:30
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of lithium battery safety public meeting and request for information.
DatesThe public meeting will be held on September 18, 2015, from 1:00 p.m. until 5:00 p.m. Written comments also may be submitted to docket no. DOT-OST-2015-0169 at www.regulations.gov.
ContactQuestions for FAA regarding the meeting can be directed to Janet McLaughlin, Director, Office of Hazardous Materials Safety, ADG-2, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591; telephone: (202) 267- 9432; email: [email protected] Questions regarding the meeting for PHMSA can be directed to Shane Kelley, Assistant International Standards Coordinator, Pipeline and Hazardous Materials Safety Administration, PHH-10, 1200 New Jersey Ave. SE., Washington, DC 20590; telephone: (202) 366-8553; email: [email protected]
FR Citation80 FR 52368 

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