81_FR_20510 81 FR 20443 - Hazardous Materials: ICAO Lithium Ion Battery Prohibition Safety Advisory Notice

81 FR 20443 - Hazardous Materials: ICAO Lithium Ion Battery Prohibition Safety Advisory Notice

DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration

Federal Register Volume 81, Issue 67 (April 7, 2016)

Page Range20443-20444
FR Document2016-07936

PHMSA is issuing this safety advisory notice to inform persons engaged in the transport of lithium batteries in commerce of recent actions taken by the International Civil Aviation Organization (ICAO) to enhance the safe transport of lithium batteries by air.

Federal Register, Volume 81 Issue 67 (Thursday, April 7, 2016)
[Federal Register Volume 81, Number 67 (Thursday, April 7, 2016)]
[Notices]
[Pages 20443-20444]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-07936]


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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

[Docket No. PHMSA-2016-0014; Notice No. 2016-05]


Hazardous Materials: ICAO Lithium Ion Battery Prohibition Safety 
Advisory Notice

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

ACTION: Safety advisory notice.

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SUMMARY: PHMSA is issuing this safety advisory notice to inform persons 
engaged in the transport of lithium batteries in commerce of recent 
actions taken by the International Civil Aviation Organization (ICAO) 
to enhance the safe transport of lithium batteries by air.

FOR FURTHER INFORMATION CONTACT: Kevin A. Leary, Standards and 
Rulemaking Division, Pipeline and Hazardous Materials Safety 
Administration, telephone: (202) 366-8553.

SUPPLEMENTARY INFORMATION: This safety advisory notice is to inform 
persons engaged in the transport of lithium batteries in commerce of 
recent actions taken by the ICAO to enhance the safe transport of 
lithium batteries by air. According to the International Coordinating 
Council of Aerospace Industries Association (ICCAIA), Boeing, and other 
aircraft manufacturers, the fire suppression capabilities of an 
aircraft may be exceeded in a situation where heat and flames generated 
from thermal runaway in a single package of lithium ion batteries 
spreads to adjacent packages, potentially leading to a catastrophic 
loss of the aircraft because of a fire that cannot be contained or 
suppressed.\1\
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    \1\ http://www.icao.int/safety/DangerousGoods/DGPWG15/DGPWG.15.WP.004.5.en.pdf.
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    Testing by the Federal Aviation Administration's William J. Hughes 
Technical Center (FAA Tech Center) supports the ICCAIA's and aircraft 
manufacturers' assessments.\2\ A fundamental concern highlighted by the 
FAA Tech Center's research is that the cargo compartment fire 
protection standards are not designed to address the unique hazards 
associated with the transport of lithium batteries. Safety concerns 
include:
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    \2\ http://www.fire.tc.faa.gov.
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     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.
    Specifically, test data from the FAA Tech Center demonstrates that: 
(1) The ignition of the unburned flammable gases associated with a 
lithium cell or battery fire could lead to a catastrophic explosion; 
(2) the current design of the Halon 1301 fire suppression system in a 
Class C cargo compartment in passenger airplanes is incapable of 
preventing such an explosion; and (3) the ignition of a mixture of 
flammable gases could produce an over pressure, which would dislodge 
pressure relief panels, allow leakage of Halon from the associated 
cargo compartment, and compromise the ability of fire suppression 
systems to function as intended. As a result, smoke and fire can spread 
to adjacent compartments and potentially compromise the entire 
aircraft.
    Based on this information and in conjunction with recommendations 
developed at the ICAO Multidisciplinary Lithium Battery Transport 
Coordination Meeting(s), the ICAO amended the 2015-2016 edition of the 
Technical Instructions for the Safe Transport of Dangerous Goods by Air 
(ICAO TI) concerning the transport of lithium ion cells and batteries. 
These amendments, effective April 1, 2016, include:
     A prohibition on the transport of lithium ion cells and 
batteries as cargo aboard passenger carrying aircraft (this prohibition 
applies to lithium cells and batteries (UN3480) not contained in or 
packed with equipment when transported as cargo and does not include 
batteries contained in personal electronic devices carried by 
passengers or crew);
     A requirement for lithium ion cells and batteries to be 
shipped at a state of charge of no more than 30 percent of their rated 
capacity on cargo aircraft (forbidden on passenger); and
     A limit on the number of packages of both lithium ion and 
lithium metal batteries that may be offered for transportation on cargo 
aircraft under current provisions for small cells and batteries to not 
more than one package per consignment or overpack.
    Representatives from the FAA and PHMSA participate in meetings of 
the ICAO Dangerous Goods Panel--the

[[Page 20444]]

international body responsible for the ICAO TI. In consultation with 
the FAA and other relevant government agencies, PHMSA works to 
periodically harmonize the provisions of the domestic hazardous 
materials regulations (HMR; 49 CFR parts 171-180) with international 
regulatory approaches, including the ICAO TI. In coordination with the 
FAA, PHMSA is considering additional actions, including appropriate 
amendments to the HMR to address these enhanced safety measures adopted 
by ICAO.
    For additional information see:
     FAA SAFO 16001 \3\ issued on January 19, 2016.
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    \3\ https://www.faa.gov/other_visit/aviation_industry/airline_operators/airline_safety/safo/all_safos/media/2016/SAFO16001.pdf.
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     Addendum No. 3 \4\ to the Technical Instructions (2015/
2016 Edition) issued on January 15, 2016.
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    \4\ http://www.icao.int/safety/DangerousGoods/AddendumCorrigendum%20to%20the%20Technical%20Instructions/Doc%209284-2015-2016.ADD-3.pdf.
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     Addendum No. 4 \5\ to the Technical Instructions (2015/
2016 Edition) issued on February 23, 2016.
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    \5\ http://www.icao.int/safety/DangerousGoods/AddendumCorrigendum%20to%20the%20Technical%20Instructions/Doc%209284-2015-2016.ADD-4.en.pdf.

    Issued in Washington, DC on April 1, 2016.
William S. Schoonover,
Deputy Associate Administrator, Pipeline and Hazardous Materials Safety 
Administration.
[FR Doc. 2016-07936 Filed 4-6-16; 8:45 am]
 BILLING CODE 4910-60-P



                                                                                 Federal Register / Vol. 81, No. 67 / Thursday, April 7, 2016 / Notices                                           20443

                                                  FOR FURTHER INFORMATION CONTACT:                        DEPARTMENT OF TRANSPORTATION                             • The potential for uncontrolled
                                                  Bianca Carr, U.S. Department of                                                                               lithium battery fires to overwhelm the
                                                  Transportation, Maritime                                Pipeline and Hazardous Materials                      capability of existing aircraft cargo fire
                                                  Administration, 1200 New Jersey                         Safety Administration                                 protection systems, leading to a
                                                  Avenue SE., Room W23–453,                                                                                     catastrophic failure of the airframe; and
                                                  Washington, DC 20590. Telephone 202–                    [Docket No. PHMSA–2016–0014; Notice No.                  • The potential for venting of
                                                                                                          2016–05]                                              combustible gases from lithium ion cells
                                                  366–9309, Email Bianca.carr@dot.gov.
                                                                                                          Hazardous Materials: ICAO Lithium Ion                 in thermal runaway, which could
                                                  SUPPLEMENTARY INFORMATION:     As                                                                             collect in an enclosed environment and
                                                  described by the applicant the intended                 Battery Prohibition Safety Advisory
                                                                                                          Notice                                                cause an explosion even in the presence
                                                  service of the vessel KARINA JEAN is:                                                                         of a suppression agent.
                                                     Intended Commercial Use of Vessel:                   AGENCY:  Pipeline and Hazardous                          Specifically, test data from the FAA
                                                  ‘‘Private Vessel Charters, Passengers                   Materials Safety Administration                       Tech Center demonstrates that: (1) The
                                                  Only.’’                                                 (PHMSA), DOT.                                         ignition of the unburned flammable
                                                     Geographic Region: ‘‘Maine, New                      ACTION: Safety advisory notice.                       gases associated with a lithium cell or
                                                  Hampshire, Massachusetts, Rhode                                                                               battery fire could lead to a catastrophic
                                                  Island, Connecticut, New York, New                      SUMMARY:   PHMSA is issuing this safety               explosion; (2) the current design of the
                                                  Jersey, Pennsylvania, Delaware,                         advisory notice to inform persons                     Halon 1301 fire suppression system in
                                                  Maryland, Virginia, North Carolina,                     engaged in the transport of lithium                   a Class C cargo compartment in
                                                  South Carolina, Georgia, Florida,                       batteries in commerce of recent actions               passenger airplanes is incapable of
                                                  California, Oregon, Washington, and                     taken by the International Civil Aviation             preventing such an explosion; and (3)
                                                  Alaska (excluding waters in                             Organization (ICAO) to enhance the safe               the ignition of a mixture of flammable
                                                  Southeastern Alaska and waters north of                 transport of lithium batteries by air.                gases could produce an over pressure,
                                                  a line between Gore Point to Cape                       FOR FURTHER INFORMATION CONTACT:                      which would dislodge pressure relief
                                                  Suckling [including the North Gulf                      Kevin A. Leary, Standards and                         panels, allow leakage of Halon from the
                                                  Coast and Prince William Sound]).’’                     Rulemaking Division, Pipeline and                     associated cargo compartment, and
                                                                                                          Hazardous Materials Safety                            compromise the ability of fire
                                                     The complete application is given in                                                                       suppression systems to function as
                                                  DOT docket MARAD–2016–0031 at                           Administration, telephone: (202) 366–
                                                                                                          8553.                                                 intended. As a result, smoke and fire
                                                  http://www.regulations.gov. Interested                                                                        can spread to adjacent compartments
                                                  parties may comment on the effect this                  SUPPLEMENTARY INFORMATION:       This                 and potentially compromise the entire
                                                  action may have on U.S. vessel builders                 safety advisory notice is to inform                   aircraft.
                                                  or businesses in the U.S. that use U.S.-                persons engaged in the transport of                      Based on this information and in
                                                  flag vessels. If MARAD determines, in                   lithium batteries in commerce of recent               conjunction with recommendations
                                                  accordance with 46 U.S.C. 12121 and                     actions taken by the ICAO to enhance                  developed at the ICAO
                                                  MARAD’s regulations at 46 CFR part                      the safe transport of lithium batteries by            Multidisciplinary Lithium Battery
                                                  388, that the issuance of the waiver will               air. According to the International                   Transport Coordination Meeting(s), the
                                                  have an unduly adverse effect on a U.S.-                Coordinating Council of Aerospace                     ICAO amended the 2015–2016 edition
                                                  vessel builder or a business that uses                  Industries Association (ICCAIA),                      of the Technical Instructions for the
                                                  U.S.-flag vessels in that business, a                   Boeing, and other aircraft                            Safe Transport of Dangerous Goods by
                                                  waiver will not be granted. Comments                    manufacturers, the fire suppression                   Air (ICAO TI) concerning the transport
                                                  should refer to the docket number of                    capabilities of an aircraft may be                    of lithium ion cells and batteries. These
                                                  this notice and the vessel name in order                exceeded in a situation where heat and                amendments, effective April 1, 2016,
                                                  for MARAD to properly consider the                      flames generated from thermal runaway                 include:
                                                  comments. Comments should also state                    in a single package of lithium ion                       • A prohibition on the transport of
                                                  the commenter’s interest in the waiver                  batteries spreads to adjacent packages,               lithium ion cells and batteries as cargo
                                                  application, and address the waiver                     potentially leading to a catastrophic loss            aboard passenger carrying aircraft (this
                                                  criteria given in § 388.4 of MARAD’s                    of the aircraft because of a fire that                prohibition applies to lithium cells and
                                                  regulations at 46 CFR part 388.                         cannot be contained or suppressed.1                   batteries (UN3480) not contained in or
                                                  Privacy Act                                                Testing by the Federal Aviation                    packed with equipment when
                                                                                                          Administration’s William J. Hughes                    transported as cargo and does not
                                                    Anyone is able to search the                          Technical Center (FAA Tech Center)                    include batteries contained in personal
                                                  electronic form of all comments                         supports the ICCAIA’s and aircraft                    electronic devices carried by passengers
                                                  received into any of our dockets by the                 manufacturers’ assessments.2 A                        or crew);
                                                  name of the individual submitting the                   fundamental concern highlighted by the                   • A requirement for lithium ion cells
                                                  comment (or signing the comment, if                     FAA Tech Center’s research is that the                and batteries to be shipped at a state of
                                                  submitted on behalf of an association,                  cargo compartment fire protection                     charge of no more than 30 percent of
                                                  business, labor union, etc.). You may                   standards are not designed to address                 their rated capacity on cargo aircraft
                                                  review DOT’s complete Privacy Act                       the unique hazards associated with the                (forbidden on passenger); and
                                                  Statement in the Federal Register                       transport of lithium batteries. Safety                   • A limit on the number of packages
                                                  published on April 11, 2000 (Volume                     concerns include:                                     of both lithium ion and lithium metal
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  65, Number 70; Pages 19477–78).                            • The potential for propagation of                 batteries that may be offered for
                                                    By Order of the Maritime Administrator.               thermal runaway between cells or                      transportation on cargo aircraft under
                                                                                                          batteries in a package and between                    current provisions for small cells and
                                                    Dated: March 22, 2016.
                                                                                                          adjacent packages of batteries;                       batteries to not more than one package
                                                  T. Mitchell Hudson, Jr.,                                                                                      per consignment or overpack.
                                                  Secretary, Maritime Administration.                      1 http://www.icao.int/safety/DangerousGoods/            Representatives from the FAA and
                                                  [FR Doc. 2016–07995 Filed 4–6–16; 8:45 am]              DGPWG15/DGPWG.15.WP.004.5.en.pdf.                     PHMSA participate in meetings of the
                                                  BILLING CODE 4910–81–P                                   2 http://www.fire.tc.faa.gov.                        ICAO Dangerous Goods Panel—the


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                                                  20444                          Federal Register / Vol. 81, No. 67 / Thursday, April 7, 2016 / Notices

                                                  international body responsible for the                  Foreign Assets Control: Assistant                     previously designated pursuant to the
                                                  ICAO TI. In consultation with the FAA                   Director for Licensing, tel.: 202–622–                Kingpin Act.
                                                  and other relevant government agencies,                 2480, Assistant Director for Regulatory               DATES: The designations by the Acting
                                                  PHMSA works to periodically                             Affairs, tel.: 202–622–4855, Assistant                Director of OFAC of the seven entities
                                                  harmonize the provisions of the                         Director for Sanctions Compliance &                   identified in this notice pursuant to
                                                  domestic hazardous materials                            Evaluation, tel.: 202–622–2490; or the                section 805(b) of the Kingpin Act are
                                                  regulations (HMR; 49 CFR parts 171–                     Department of the Treasury’s Office of                effective on April 4, 2016.
                                                  180) with international regulatory                      the Chief Counsel (Foreign Assets
                                                  approaches, including the ICAO TI. In                   Control), Office of the General Counsel,              FOR FURTHER INFORMATION CONTACT:
                                                  coordination with the FAA, PHMSA is                     tel.: 202–622–2410.                                   Assistant Director, Sanctions
                                                  considering additional actions,                                                                               Compliance & Evaluation, Office of
                                                                                                          SUPPLEMENTARY INFORMATION:
                                                  including appropriate amendments to                                                                           Foreign Assets Control, U.S. Department
                                                  the HMR to address these enhanced                       Electronic and Facsimile Availability                 of the Treasury, Washington, DC 20220
                                                  safety measures adopted by ICAO.                          The SDN List and additional                         Tel: (202) 622–2490.
                                                    For additional information see:                       information concerning OFAC sanctions                 SUPPLEMENTARY INFORMATION:
                                                    • FAA SAFO 16001 3 issued on                          programs are available from OFAC’s
                                                                                                                                                                Electronic and Facsimile Availability
                                                  January 19, 2016.                                       Web site (www.treasury.gov/ofac).
                                                    • Addendum No. 3 4 to the Technical                   Certain general information pertaining                  This document and additional
                                                  Instructions (2015/2016 Edition) issued                 to OFAC’s sanctions programs is also                  information concerning OFAC are
                                                  on January 15, 2016.                                    available via facsimile through a 24-                 available on OFAC’s Web site at http://
                                                    • Addendum No. 4 5 to the Technical                   hour fax-on-demand service, tel.: 202–                www.treasury.gov/ofac or via facsimile
                                                  Instructions (2015/2016 Edition) issued                 622–0077.                                             through a 24-hour fax-on-demand
                                                  on February 23, 2016.                                                                                         service at (202) 622–0077.
                                                                                                          Notice of OFAC Actions
                                                    Issued in Washington, DC on April 1, 2016.                                                                  Background
                                                                                                            On April 4, 2016, OFAC updated the
                                                  William S. Schoonover,                                  identifying information for one
                                                  Deputy Associate Administrator, Pipeline and
                                                                                                                                                                   The Kingpin Act became law on
                                                                                                          previously designated individual whose                December 3, 1999. The Kingpin Act
                                                  Hazardous Materials Safety Administration.              property and interests in property are
                                                  [FR Doc. 2016–07936 Filed 4–6–16; 8:45 am]
                                                                                                                                                                provides a statutory framework for the
                                                                                                          blocked pursuant to E.O. 13664. The                   imposition of sanctions against
                                                  BILLING CODE 4910–60–P                                  updated identifying information for the               significant foreign narcotics traffickers
                                                                                                          individual is as follows:                             and their organizations on a worldwide
                                                                                                             JOK RIAK, Gabriel (a.k.a. JOK, Gabriel;            basis, with the objective of denying their
                                                  DEPARTMENT OF THE TREASURY                              a.k.a. MAKOL, Gabriel Jok Riak; a.k.a.                businesses and agents access to the U.S.
                                                                                                          MAKOL, Jok Riak; a.k.a. RIAK, Jock; a.k.a.            financial system and the benefits of
                                                  Office of Foreign Assets Control                        RIAK, Jok), Wau, Western Bahr El Ghazal               trade and transactions involving U.S.
                                                                                                          State, South Sudan; Unity State, South
                                                  Sanctions Action Pursuant to                            Sudan; DOB 1966; POB Bor, South Sudan;
                                                                                                                                                                companies and individuals.
                                                  Executive Order 13664                                   alt. POB Bor, Sudan; nationality South                   The Kingpin Act blocks all property
                                                                                                          Sudan; Lieutenant General; Sector One                 and interests in property, subject to U.S.
                                                  AGENCY:  Office of Foreign Assets                       Commander (individual) [SOUTH SUDAN].                 jurisdiction, owned or controlled by
                                                  Control, Treasury.                                                                                            significant foreign narcotics traffickers
                                                                                                            Dated: April 4, 2016.
                                                  ACTION: Notice.                                                                                               as identified by the President. In
                                                                                                          Andrea Gacki,
                                                                                                          Acting Director, Office of Foreign Assets             addition, the Secretary of the Treasury,
                                                  SUMMARY:   The Treasury Department’s                                                                          in consultation with the Attorney
                                                  Office of Foreign Assets Control (OFAC)                 Control.
                                                                                                          [FR Doc. 2016–07989 Filed 4–6–16; 8:45 am]
                                                                                                                                                                General, the Director of the Central
                                                  is publishing updated identifying                                                                             Intelligence Agency, the Director of the
                                                  information for one individual whose                    BILLING CODE 4810–AL–P
                                                                                                                                                                Federal Bureau of Investigation, the
                                                  property and interests in property are                                                                        Administrator of the Drug Enforcement
                                                  blocked pursuant to Executive Order                                                                           Administration, the Secretary of
                                                  (E.O.) 13664, ‘‘Blocking Property of                    DEPARTMENT OF THE TREASURY
                                                                                                                                                                Defense, the Secretary of State, and the
                                                  Certain Persons With Respect to South                                                                         Secretary of Homeland Security, may
                                                                                                          Office of Foreign Assets Control
                                                  Sudan,’’ who was previously designated                                                                        designate and block the property and
                                                  and added to OFAC’s list of Specially                   Additional Designations, Foreign                      interests in property, subject to U.S.
                                                  Designated Nationals and Blocked                        Narcotics Kingpin Designation Act                     jurisdiction, of persons who are found
                                                  Persons (SDN List).                                                                                           to be: (1) Materially assisting in, or
                                                  DATES: OFAC’s actions described in this
                                                                                                          AGENCY:  Office of Foreign Assets
                                                                                                          Control, Treasury.                                    providing financial or technological
                                                  notice were effective April 4, 2016.                                                                          support for or to, or providing goods or
                                                                                                          ACTION: Notice.
                                                  FOR FURTHER INFORMATION CONTACT: The                                                                          services in support of, the international
                                                  Department of the Treasury’s Office of                  SUMMARY:   The U.S. Department of the                 narcotics trafficking activities of a
                                                                                                          Treasury’s Office of Foreign Assets                   person designated pursuant to the
                                                    3 https://www.faa.gov/other_visit/aviation_
                                                                                                          Control (OFAC) is publishing the names                Kingpin Act; (2) owned, controlled, or
                                                  industry/airline_operators/airline_safety/safo/all_                                                           directed by, or acting for or on behalf of,
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  safos/media/2016/SAFO16001.pdf.
                                                                                                          of seven entities whose property and
                                                    4 http://www.icao.int/safety/DangerousGoods/          interests in property have been blocked               a person designated pursuant to the
                                                  AddendumCorrigendum%20to%20the%20                       pursuant to the Foreign Narcotics                     Kingpin Act; or (3) playing a significant
                                                  Technical%20Instructions/Doc%209284-2015-               Kingpin Designation Act (Kingpin Act)                 role in international narcotics
                                                  2016.ADD-3.pdf.                                         (21 U.S.C. 1901–1908, 8 U.S.C. 1182).                 trafficking.
                                                    5 http://www.icao.int/safety/DangerousGoods/

                                                  AddendumCorrigendum%20to%20the%20
                                                                                                          Additionally, OFAC is publishing                         On April 4, 2016, the Acting Director
                                                  Technical%20Instructions/Doc%209284-2015-               additions to the identifying information              of OFAC designated the following seven
                                                  2016.ADD-4.en.pdf.                                      for five individuals and one entity                   entities whose property and interests in


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Document Created: 2016-04-06 23:44:11
Document Modified: 2016-04-06 23:44:11
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
ActionSafety advisory notice.
ContactKevin A. Leary, Standards and Rulemaking Division, Pipeline and Hazardous Materials Safety Administration, telephone: (202) 366-8553.
FR Citation81 FR 20443 

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