80 FR 9217 - Hazardous Materials: Transportation of Lithium Batteries

DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration

Federal Register Volume 80, Issue 34 (February 20, 2015)

Page Range		9217-9218
FR Document		2015-03500

PHMSA is extending for modes of transportation other than air the mandatory compliance date of a final rule published on August 6, 2014, under Docket No. HM-224F from February 6, 2015, until August 7, 2015. This extension is made in response to formal comments received from multiple stakeholders outlining challenges faced by the regulated community in fully implementing the provisions of the final rule by the February 6, 2015 mandatory compliance date.

Federal Register, Volume 80 Issue 34 (Friday, February 20, 2015)

[Federal Register Volume 80, Number 34 (Friday, February 20, 2015)]
[Rules and Regulations]
[Pages 9217-9218]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-03500]


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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

49 CFR Parts 171, 172, 173, and 175

[Docket No. PHMSA-2009-0095 (HM-224F)]
RIN 2137-AE44


Hazardous Materials: Transportation of Lithium Batteries

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA), 
DOT.

ACTION: Final rule; extension of compliance date.

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SUMMARY: PHMSA is extending for modes of transportation other than air 
the mandatory compliance date of a final rule published on August 6, 
2014, under Docket No. HM-224F from February 6, 2015, until August 7, 
2015. This extension is made in response to formal comments received 
from multiple stakeholders outlining challenges faced by the regulated 
community in fully implementing the provisions of the final rule by the 
February 6, 2015 mandatory compliance date.

DATES: The compliance date for the final rule published August 6, 2014, 
at 79 FR 46012, is extended until August 7, 2015.

FOR FURTHER INFORMATION CONTACT: Vincent Babich or Steven Webb 
Standards and Rulemaking Division, Pipeline and Hazardous Materials 
Safety Administration, telephone (202) 366-8553.

SUPPLEMENTARY INFORMATION: On August 6, 2014 [79 FR 46012], PHMSA in 
consultation with the Federal Aviation Administration (FAA) published a 
final rule under Docket No. PHMSA-2009-0095 (HM-224F) modifying 
requirements governing the transportation of lithium cells and 
batteries. The final rule revised hazard communication and packaging 
provisions for lithium batteries to harmonize the Hazardous Materials 
Regulations (HMR; CFR parts 171-180) with applicable provisions of the 
United Nations (UN) Model Regulations, the International Civil Aviation 
Organization's Technical Instructions for the Safe Transport of 
Dangerous Goods by Air (ICAO Technical Instructions) and the 
International Maritime Dangerous Goods (IMDG) Code. In the August 6, 
2014 final rule, PHMSA authorized a mandatory compliance date of 
February 6, 2015 (six months after publication in the Federal Register) 
for shippers to incorporate the new requirements into standard 
operating procedures and complete training of affected personnel.
    The Retail Industry Leaders Association, the Food Marketing 
Institute, the National Retail Federation, and the Rechargeable Battery 
Association submitted a joint request for an extension of six months to 
the current mandatory compliance date. These groups contend that the 
six month transitional period adopted in the final rule did not provide 
sufficient time to comply with the new requirements and has proven 
extremely challenging for the retail industry to implement in 
particular for surface transportation. The request notes that 
``generally, the new regulations require that domestic ground shipments 
of products with lithium batteries adhere to shipping standards 
previously only required for international air and sea 
transportation''. The groups further note that the detailed information 
necessary for compliance, such as the specific

[[Page 9218]]

number of lithium cells or batteries contained in a package and whether 
a package contains lithium ion or lithium metal cells or batteries, as 
required by Sec.  173.185(c)(3), does not currently exist in any format 
that the retail sector can access and utilize. In addition the 
requestors state that tens of thousands of consumer products may be 
impacted by the rule, and estimate that to date, the necessary 
information has been obtained from retail suppliers for less than 25% 
of the affected products. Furthermore, they relate that since August 
2014, retail businesses and their suppliers have been working 
diligently to develop information technology (IT) systems and business 
processes to identify consumer products impacted by the regulation. 
Systematic solutions are being developed but will take additional time 
to implement. They estimate that a minimum of six additional months is 
necessary to identify all affected products and build the IT 
infrastructure necessary to effectively implement the regulations. 
Finally, the commenters point out that the new provisions require the 
developing, tracking, and implementing of training programs for 
hundreds of thousands of employees to enable them to execute the 
nuanced marking and labeling requirements of the final rule.
    PHMSA appreciates the additional information submitted and has 
reviewed the information in conjunction with the information considered 
during the rulemaking process. Based on this review, PHMSA believes the 
additional arguments and justification provided by the commenters have 
merit and that an extension of the mandatory compliance date for modes 
of transportation other than aircraft is warranted. PHMSA recognizes 
that the primary focus of the HM-224F final rulemaking as outlined in 
published notices preceding the final rule was to align the 
requirements of the HMR for air transportation of lithium batteries 
with those of the ICAO Technical Instructions. PHMSA believes that 
maintaining the February 6, 2015 compliance date for air transport is 
appropriate and important for aviation safety and is therefore 
maintaining the February 6, 2015 effective date for offering, 
acceptance, and transportation by aircraft. Therefore, in consultation 
with the FAA and consistent with the information set forth in the joint 
request, this extension does not apply to transportation by aircraft. 
In the event an air carrier becomes aware of a non-compliant shipment 
offered to it, the air carrier should report the incident to the FAA in 
addition to taking specific actions required by the regulations as to 
that shipment. For questions regarding reporting of such incidents, 
carriers may contact the nearest FAA Regional or Field Security Office 
by telephone or electronically.
    In summary, in response to commenters' requests PHMSA is extending 
the mandatory compliance date for the final rule published under Docket 
No. HM-224F on August 6, 2014, until August 7, 2015 for all modes other 
than transportation by aircraft to allow additional time to implement 
the requirements of the rule. The mandatory compliance date of February 
6, 2015 remains in effect with respect to offering, acceptance and 
transportation by aircraft.

    Issued in Washington, DC, on February 13, 2015 under authority 
delegated in 49 CFR 1.97.
Timothy P. Butters,
Acting Administrator.
[FR Doc. 2015-03500 Filed 2-19-15; 8:45 am]
BILLING CODE 4910-60-P

Federal Register / Vol. 80, No. 34 / Friday, February 20, 2015 / Rules and Regulations 9217

Order 13211, entitled ‘‘Actions submit a report containing this rule and formal comments received from
Concerning Regulations That other required information to the U.S. multiple stakeholders outlining
Significantly Affect Energy Supply, Senate, the U.S. House of challenges faced by the regulated
Distribution, or Use’’ (66 FR 28355, May Representatives, and the Comptroller community in fully implementing the
22, 2001) or Executive Order 13045, General of the United States prior to provisions of the final rule by the
entitled ‘‘Protection of Children from publication of the rule in the Federal February 6, 2015 mandatory compliance
Environmental Health Risks and Safety Register. This action is not a ‘‘major date.
Risks’’ (62 FR 19885, April 23, 1997). rule’’ as defined by 5 U.S.C. 804(2). DATES: The compliance date for the final
This action does not contain any rule published August 6, 2014, at 79 FR
information collections subject to OMB List of Subjects in 40 CFR Part 180
46012, is extended until August 7, 2015.
approval under the Paperwork Environmental protection, FOR FURTHER INFORMATION CONTACT:
Reduction Act (PRA), 44 U.S.C. 3501 et Administrative practice and procedure, Vincent Babich or Steven Webb
seq., nor does it require any special Agricultural commodities, Pesticides Standards and Rulemaking Division,
considerations under Executive Order and pests, Reporting and recordkeeping Pipeline and Hazardous Materials Safety
12898, entitled ‘‘Federal Actions to requirements. Administration, telephone (202) 366–
Address Environmental Justice in Dated: February 4, 2015. 8553.
Minority Populations and Low-Income
Jack E. Housenger, SUPPLEMENTARY INFORMATION: On August
Populations’’ (59 FR 7629, February 16,
1994). Director, Office of Pesticide Programs. 6, 2014 [79 FR 46012], PHMSA in
Since tolerances and exemptions that consultation with the Federal Aviation
Therefore, 40 CFR chapter I is
are established on the basis of a petition Administration (FAA) published a final
amended as follows:
under FFDCA section 408(d), such as rule under Docket No. PHMSA–2009–
the tolerance exemption in this final PART 180—[AMENDED] 0095 (HM–224F) modifying
rule, do not require the issuance of a requirements governing the
proposed rule, the requirements of the ■ 1. The authority citation for part 180 transportation of lithium cells and
Regulatory Flexibility Act (RFA) (5 continues to read as follows: batteries. The final rule revised hazard
U.S.C. 601 et seq.), do not apply. communication and packaging
Authority: 21 U.S.C. 321(q), 346a and 371.
This action directly regulates growers, provisions for lithium batteries to
food processors, food handlers, and food ■ 2. Add § 180.1329 to subpart D to read harmonize the Hazardous Materials
retailers, not States or tribes, nor does as follows: Regulations (HMR; CFR parts 171–180)
this action alter the relationships or with applicable provisions of the United
§ 180.1329 Bacillus subtilis strain IAB/
distribution of power and BS03, exemption from the requirement of a
Nations (UN) Model Regulations, the
responsibilities established by Congress tolerance. International Civil Aviation
in the preemption provisions of FFDCA Organization’s Technical Instructions
An exemption from the requirement
section 408(n)(4). As such, the Agency for the Safe Transport of Dangerous
of a tolerance is established for residues
has determined that this action will not Goods by Air (ICAO Technical
of Bacillus subtilis strain IAB/BS03 in or
have a substantial direct effect on States Instructions) and the International
on all food commodities when used in
or tribal governments, on the Maritime Dangerous Goods (IMDG)
accordance with label directions and
relationship between the national Code. In the August 6, 2014 final rule,
good agricultural practices.
government and the States or tribal PHMSA authorized a mandatory
[FR Doc. 2015–03465 Filed 2–19–15; 8:45 am] compliance date of February 6, 2015 (six
governments, or on the distribution of
power and responsibilities among the BILLING CODE 6560–50–P months after publication in the Federal
various levels of government or between Register) for shippers to incorporate the
the Federal Government and Indian new requirements into standard
Tribes. Thus, the Agency has DEPARTMENT OF TRANSPORTATION operating procedures and complete
determined that Executive Order 13132, training of affected personnel.
Pipeline and Hazardous Materials The Retail Industry Leaders
entitled ‘‘Federalism’’ (64 FR 43255,
Safety Administration Association, the Food Marketing
August 10, 1999) and Executive Order
13175, entitled ‘‘Consultation and Institute, the National Retail Federation,
49 CFR Parts 171, 172, 173, and 175 and the Rechargeable Battery
Coordination with Indian Tribal
Governments’’ (65 FR 67249, November [Docket No. PHMSA–2009–0095 (HM–224F)] Association submitted a joint request for
9, 2000) do not apply to this action. In an extension of six months to the
RIN 2137–AE44 current mandatory compliance date.
addition, this action does not impose
any enforceable duty or contain any These groups contend that the six
Hazardous Materials: Transportation of
unfunded mandate as described under month transitional period adopted in
Lithium Batteries
Title II of the Unfunded Mandates the final rule did not provide sufficient
Reform Act (UMRA) (2 U.S.C. 1501 et AGENCY: Pipeline and Hazardous time to comply with the new
seq.). Materials Safety Administration requirements and has proven extremely
This action does not involve any (PHMSA), DOT. challenging for the retail industry to
technical standards that would require ACTION: Final rule; extension of implement in particular for surface
Agency consideration of voluntary compliance date. transportation. The request notes that
consensus standards pursuant to section ‘‘generally, the new regulations require
Rmajette on DSK2VPTVN1PROD with RULES

12(d) of the National Technology SUMMARY: PHMSA is extending for that domestic ground shipments of
Transfer and Advancement Act modes of transportation other than air products with lithium batteries adhere
(NTTAA) (15 U.S.C. 272 note). the mandatory compliance date of a to shipping standards previously only
final rule published on August 6, 2014, required for international air and sea
V. Congressional Review Act under Docket No. HM–224F from transportation’’. The groups further note
Pursuant to the Congressional Review February 6, 2015, until August 7, 2015. that the detailed information necessary
Act (5 U.S.C. 801 et seq.), EPA will This extension is made in response to for compliance, such as the specific

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9218 Federal Register / Vol. 80, No. 34 / Friday, February 20, 2015 / Rules and Regulations

number of lithium cells or batteries that shipment. For questions regarding 19, 2014, this rule reinstates the March
contained in a package and whether a reporting of such incidents, carriers may 9, 1978 (43 FR 9607), final rule as it
package contains lithium ion or lithium contact the nearest FAA Regional or relates to gray wolves in the western
metal cells or batteries, as required by Field Security Office by telephone or Great Lakes including endangered status
§ 173.185(c)(3), does not currently exist electronically. for gray wolves in all of Wisconsin and
in any format that the retail sector can In summary, in response to Michigan, the eastern half of North
access and utilize. In addition the commenters’ requests PHMSA is Dakota and South Dakota, the northern
requestors state that tens of thousands of extending the mandatory compliance half of Iowa, the northern portions of
consumer products may be impacted by date for the final rule published under Illinois and Indiana, and the
the rule, and estimate that to date, the Docket No. HM–224F on August 6, northwestern portion of Ohio;
necessary information has been 2014, until August 7, 2015 for all modes threatened status for gray wolves in
obtained from retail suppliers for less other than transportation by aircraft to Minnesota; critical habitat for gray
than 25% of the affected products. allow additional time to implement the wolves in Minnesota and Michigan; and
Furthermore, they relate that since requirements of the rule. The mandatory the rule promulgated under section 4(d)
August 2014, retail businesses and their compliance date of February 6, 2015 of the ESA for gray wolves in
suppliers have been working diligently remains in effect with respect to Minnesota.
to develop information technology (IT) offering, acceptance and transportation
systems and business processes to by aircraft. DATES: This action is effective February
identify consumer products impacted by 20, 2015. The September 23, 2014, court
Issued in Washington, DC, on February 13, order reinstated the April 2, 2009, final
the regulation. Systematic solutions are 2015 under authority delegated in 49 CFR
being developed but will take additional rule designating the gray wolf in
1.97.
time to implement. They estimate that a Wyoming as a nonessential
Timothy P. Butters,
minimum of six additional months is experimental population immediately
Acting Administrator. upon its filing. The court order
necessary to identify all affected [FR Doc. 2015–03500 Filed 2–19–15; 8:45 am]
products and build the IT infrastructure regarding wolves in the western Great
necessary to effectively implement the
BILLING CODE 4910–60–P Lakes had legal effect immediately upon
regulations. Finally, the commenters its filing on December 19, 2014. The
point out that the new provisions Director has further determined,
DEPARTMENT OF THE INTERIOR pursuant to 5 U.S.C. 553(d), that the
require the developing, tracking, and
implementing of training programs for Service has good cause to make this rule
Fish and Wildlife Service effective upon publication.
hundreds of thousands of employees to
enable them to execute the nuanced 50 CFR Part 17 ADDRESSES: This final rule is available:
marking and labeling requirements of • Electronically at http://
the final rule. [Docket No. FWS–R6–ES–2014–0059; www.regulations.gov in Docket No.
FXES11130900000C2–156–FF09E42000] FWS–R6–ES–2014–0059;
PHMSA appreciates the additional
information submitted and has reviewed RIN 1018–BA64 • From U.S. Fish and Wildlife
the information in conjunction with the Service, Mountain-Prairie Region Office,
information considered during the Endangered and Threatened Wildlife Ecological Services Division, 134 Union
rulemaking process. Based on this and Plants; Reinstatement of Final Blvd., Lakewood, CO 80228; telephone
review, PHMSA believes the additional Rules for the Gray Wolf in Wyoming 303–236–7400; or
and the Western Great Lakes in
arguments and justification provided by • From U.S. Fish and Wildlife
the commenters have merit and that an Compliance With Court Orders
Service, Midwest Region Office, 5600
extension of the mandatory compliance AGENCY: Fish and Wildlife Service, American Blvd. West, Suite 990,
date for modes of transportation other Interior. Bloomington, MN 55437; telephone
than aircraft is warranted. PHMSA ACTION: Final rule. 612–713–5360.
recognizes that the primary focus of the Persons who use a
HM–224F final rulemaking as outlined SUMMARY: We, the U.S. Fish and telecommunications device for the deaf
in published notices preceding the final Wildlife Service (Service), are issuing (TDD) may call the Federal Information
rule was to align the requirements of the this final rule to comply with court Relay Service (FIRS) at 800–877–8339.
HMR for air transportation of lithium orders that reinstate the regulatory
batteries with those of the ICAO protections under the Endangered FOR FURTHER INFORMATION CONTACT: For
Technical Instructions. PHMSA believes Species Act of 1973, as amended (ESA), information on wolves in Wyoming,
that maintaining the February 6, 2015 for the gray wolf (Canis lupus) in contact Mike Jimenez, Northern Rocky
compliance date for air transport is Wyoming and the western Great Lakes. Mountains Gray Wolf Recovery
appropriate and important for aviation Pursuant to the U.S. District Court for Coordinator, U.S. Fish and Wildlife
safety and is therefore maintaining the the District of Columbia court order Service, P.O. Box 8135, Missoula, MT
February 6, 2015 effective date for dated September 23, 2014, this rule 59807; by telephone 307–330–5631. For
offering, acceptance, and transportation reinstates the April 2, 2009 (74 FR information on wolves in the western
by aircraft. Therefore, in consultation 15123), final rule regulating the gray Great Lakes, contact Laura Ragan,
with the FAA and consistent with the wolf in the State of Wyoming as a Regional Listing Coordinator, U.S. Fish
information set forth in the joint nonessential experimental population. and Wildlife Service, 5600 American
Blvd. West, Suite 990, Bloomington, MN
Rmajette on DSK2VPTVN1PROD with RULES

request, this extension does not apply to Gray wolves in Montana, Idaho, the
transportation by aircraft. In the event eastern third of Washington and Oregon, 55437; by telephone 612–713–5350.
an air carrier becomes aware of a non- and north-central Utah retain their Individuals who are hearing-impaired or
compliant shipment offered to it, the air delisted status and are not impacted by speech-impaired may call the Federal
carrier should report the incident to the this final rule. In addition, pursuant to Relay Service at 800–877–8337 for TTY
FAA in addition to taking specific the U.S. District Court for the District of assistance.
actions required by the regulations as to Columbia court order dated December SUPPLEMENTARY INFORMATION:

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Document Created: 2015-12-18 13:01:55
Document Modified: 2015-12-18 13:01:55

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule; extension of compliance date.
Dates		The compliance date for the final rule published August 6, 2014, at 79 FR 46012, is extended until August 7, 2015.
Contact		Vincent Babich or Steven Webb Standards and Rulemaking Division, Pipeline and Hazardous Materials Safety Administration, telephone (202) 366-8553.
FR Citation		80 FR 9217
RIN Number		2137-AE44
CFR Citation		49 CFR 171 49 CFR 172 49 CFR 173 49 CFR 175

80 FR 9217 - Hazardous Materials: Transportation of Lithium Batteries

DEPARTMENT OF TRANSPORTATIONPipeline and Hazardous Materials Safety Administration

Federal Register Volume 80, Issue 34 (February 20, 2015)

DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration