[Federal Register: September 20, 2007 (Volume 72, Number 182)]
[Proposed Rules]
[Page 53744-53749]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20se07-26]
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DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
49 CFR Parts 171, 173, and 175
[Docket No. PHMSA-2006-25446 (HM-243)]
RIN 2137-AE19
Hazardous Materials: Fuel Cell Cartridges and Systems Transported
on Board Passenger Aircraft in Carry-on Baggage
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
Department of Transportation (DOT).
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: PHMSA is proposing to amend the Hazardous Materials
Regulations (HMR) to permit certain fuel cell cartridges and fuel cell
systems designed for portable electronic devices to be transported by
passengers and crew in carry-on baggage on board passenger-carrying
aircraft. The proposed rule would cover fuel cells containing certain
hazardous materials (flammable liquids, including methanol; formic
acid; certain borohydride materials; or butane) and meeting certain
performance and consumer use standards, which we are proposing to
incorporate by reference into the HMR. We have evaluated the possible
transportation safety risks presented by these fuel cell cartridges and
systems and have determined they may safely be transported in the cabin
of a passenger-carrying aircraft.
DATES: Written comments should be submitted on or before November 19,
2007.
ADDRESSES: You may submit comments identified by the docket number
(PHMSA-2006-25446 (HM-243) by any of the following methods:
Web site: Until September 27, 2007, electronic submissions
to the DOT Docket Management System (DMS), located at http://dms.dot.gov.
Starting on September 28, 2007, all electronic submissions
must be made to the Federal Docket Management System's (FDMS)
eRulemaking Portal located at http://www.regulations.gov, and the
information in the DOT DMS will be migrated to the FDMS. This work is
being done as part of a larger project to consolidate the federal
rulemaking docket systems. Please note the FDMS is significantly
different from the DOT DMS and may assign a new docket number to each
existing docket. Follow the instructions specific to each docket Web
site for submitting comments. On December 31, 2007, the DOT DMS will be
permanently decommissioned.
Fax: 1-202-493-2251.
Mail: Docket Operations, U.S. Department of
Transportation, West Building, Ground Floor, Room W12-140, Routing
Symbol M-30, 1200 New Jersey Avenue, SE., Washington, DC 20590.
Hand Delivery: To Docket Operations, Room W12-140 on the
ground floor of the West Building, 1200 New Jersey Avenue, SE.,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal Holidays.
Federal eRulemaking Portal: Go to http://www.regulations.gov.
Follow the online instructions for submitting
comments.
Instructions: All submissions must include the agency name and
docket number or Regulatory Identification Number (RIN) for this
notice. For detailed instructions on submitting comments and additional
information on the rulemaking process, see the Public Participation
heading of the Supplementary Information section of this document. Note
that all comments received will be posted without change to the docket
management system, including any personal information provided. Please
see the Privacy Act heading under SUPPLEMENTARY INFORMATION.
Docket: For access to the dockets to read background documents or
comments received, go to http://dms.dot.gov, and after September 28, 2007, to http://www.regulations.gov at any time or to Docket
Operations, U.S. Department of Transportation (see ADDRESSES).
FOR FURTHER INFORMATION CONTACT: Eileen Edmonson, Office of Hazardous
Materials Standards, (202) 366-8553, Pipeline and Hazardous Materials
Safety Administration (PHMSA) 1200 New Jersey Avenue, SE., Washington,
DC 20590, facsimile telephone number (202) 366-7435, or by e-mail to
Eileen.Edmonson@dot.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Fuel cell cartridges and fuel cell systems are an emerging energy
technology developed to provide a more efficient, longer-lasting, and
renewable power source for electrically operated equipment. Fuel cells
are designed to replace, augment, or recharge existing battery sources.
Various types of fuels may be used in fuel cell systems, including but
not limited to gases meeting the criteria for classification as
Division 2.1 (flammable gases), solids meeting the criteria for
classification as Division 4.3 (dangerous when wet), and liquids
meeting the criteria for classification as Class 3 (flammable) or Class
8 (corrosive) material. Specific materials used in fuel cells include
methanol and other types of flammable liquids, butane, hydrogen in
metal hydride, borohydrides, and formic acid.
II. Current HMR Requirements Applicable to the Transportation of Fuel
Cells
Under the Hazardous Materials Regulations (HMR; 49 CFR parts 171-
180), fuel cells generally must be transported in accordance with
requirements applicable to the material they contain. Thus, a fuel cell
containing a corrosive material must conform to the packaging and
hazard communication requirements applicable to that corrosive material
when offered for transportation. After careful evaluation of possible
transportation safety risks, PHMSA adopted packaging, testing, and
hazard communication requirements for transporting fuel cell systems
and fuel cell cartridges containing flammable liquids, including
methanol or methanol and water solutions, as cargo by all modes (final
rule published December 29, 2006; 71 FR 7896). The HMR requirements are
consistent with international transportation standards applicable to
the transportation of fuel cell cartridges and systems containing
flammable liquids in the 14th Revised Edition of the UN Recommendations
on the Transport of Dangerous Goods (UN Recommendations).
III. International Standards Applicable to the Transportation of Fuel
Cells
The International Civil Aviation Organization (ICAO) adopted
provisions for transporting fuel cell systems and fuel cell cartridges
containing flammable liquid as cargo on board aircraft in the 2007-2008
edition of the ICAO Technical Instructions for the Safe Transport of
Dangerous Goods by Air (ICAO Technical Instructions). These provisions
are consistent with those for fuel cell systems and cartridges in the
UN Recommendations. At that time, ICAO also adopted under Section 8;
1.1.2(r) provisions for transporting fuel cell systems and cartridges
containing
[[Page 53745]]
flammable liquids (including methanol), formic acid, and butane, in
carry-on baggage on board passenger-carrying aircraft under certain
conditions. This passenger carry-on authorization applies to fuel cell
cartridges with a maximum quantity of 200 ml (6.76 ounces) for liquids,
200 ml (6.76 ounces) for metal fuel cell cartridges containing butane,
and 120 ml (4.1 ounces) for non-metallic fuel cell cartridges
containing butane. No more than two spare fuel cell cartridges are
allowed per passenger.
One of the conditions for the passenger authorization in the ICAO
Technical Instructions is that the fuel cell systems and cartridges
must conform to the industry technical specification governing the
design and consumer use of fuel cell cartridges, power units, and power
systems developed by the IEC. The IEC Specification No. IEC/PAS 62282-
6-1 First Edition, with Technical Corrigendum 1, 2006, addresses fuel
cell systems with outputs that do not exceed 60 volts and 240 watts.
The IEC specification provides detailed manufacturing, safety, and
testing requirements to address use, misuse, and consumer
transportation. To ensure the capability of the fuel cell and cartridge
to withstand normal conditions of consumer handling and transportation,
the specification requires various design type tests such as pressure
differential, vibration, temperature cycling, high temperature
exposure, drop, compressive loading, connection cycling, external short
circuit, and long-term storage.
Members of the fuel cell industry and the IEC prepared and
submitted proposals (included in this docket) to the ICAO Dangerous
Goods Panel that the Panel considered in making its decision to permit
certain fuel cell systems and cartridges to be transported by
passengers on board aircraft beginning on January 1, 2007. The
proposals provide an assessment of the benefits and risks associated
with transporting fuel cell systems and cartridges containing butane,
formic acid, methanol, hydrogen stored in metal hydrides, and sodium
borohydride-based and potassium borohydride-based fuels. PHMSA
conducted its own independent technical assessment of the safety risks
associated with each of the proposed fuel cell system and cartridge
technologies; based on this evaluation, PHMSA supported the passenger
provisions adopted in the ICAO Technical Instructions.
IV. Flammable Gas (Butane) and Leakage Criteria
In our technical evaluation for this NPRM, PHMSA, in coordination
with the Federal Aviation Administration's (FAA's) William J. Hughes
Technical Center (FAA Tech Center), conducted an additional examination
specific to the design type testing criteria for fuel cell cartridges
containing liquefied flammable gas (butane). This evaluation concluded
that the industry technical specification developed to govern the
design and use of fuel cell cartridges and systems, IEC/PAS 62282-6-1,
required amendment to ensure fuel cells containing a flammable gas are
designed and tested to a standard that is equivalent to the safety
standard established for certain non-bulk gas packagings in the HMR.
Based on the PHMSA and FAA evaluations, the ICAO Dangerous Goods
Panel at its Working Group 2006 meeting (October 25-November 3, 2006)
recommended that the IEC amend its fuel cell specification to mandate a
zero-leak standard as a basis for successfully passing the design-type
tests. This zero-leak standard would be demonstrated by subjecting the
cartridge test sample to a water bath test (consistent with Section
6.2.4.1 of the UN Recommendations) after each design type test. The IEC
revised its test protocols and acceptance criteria and issued an
addendum (included in this docket) to the IEC PAS 62282-6-1 on April
18, 2007, published as ``IEC/PAS 62282-6-1 First Edition, with
Technical Corrigendum 1, 2006.'' The IEC plans to continue to review
this standard for possible improvements. PHMSA will monitor further
developments to the standard and, subject to technical review, may
propose to adopt a later version in a subsequent rulemaking.
V. Petitions for Rulemaking
On March 2, 2006, the U.S. Fuel Cell Council petitioned PHMSA to
permit airline passengers and crew to transport fuel cell systems and
cartridges in carry-on baggage (Petition No. P-1475). In its petition,
the U.S. Fuel Cell Council requests that PHMSA revise Sec. 175.10 to
permit portable electronic devices, such as cameras, laptop computers,
and hand-held audio devices, powered by fuel cell systems and
cartridges containing flammable liquid, formic acid, or butane to be
transported by passengers and crew on passenger-carrying aircraft under
the conditions adopted by ICAO. On August 23, 2006, Medis Technologies,
Ltd., and Millennium Cell, Inc., petitioned PHMSA to permit fuel cell
systems and cartridges containing Class 8 borohydride materials to be
transported by passengers and crew in carry-on baggage on board
passenger-carrying aircraft (Petition No. P-1483). Medis Technologies
and Millennium Cell assert that Class 8 borohydride materials present
the same risks in transportation as formic acid, also a Class 8
material. Both petitions may be viewed until September 27, 2007, in the
DMS docket for this rulemaking at http://dms.dot.gov, and beginning on September 28, 2007, in the FDMS docket for this rulemaking at http://
http://www.regulations.gov.
VI. Proposals in This NPRM
In this NPRM, we are proposing to permit the transportation in
carry-on baggage on passenger-carrying aircraft of fuel cell cartridges
and systems containing Class 3 flammable liquids, including methanol;
formic acid and borohydride materials meeting the definition for a
Class 8 material; and butane, a Division 2.1 gas. As proposed in this
NPRM, the fuel cells must conform to certain performance criteria. The
proposals in this NPRM are consistent with the passenger authorizations
adopted for the 2007-2008 edition of the ICAO Technical Instructions.
Based on our assessment to date, we agree with the U.S. Fuel Cell
Council that fuel cell cartridges and systems containing flammable
liquids, formic acid, and butane do not pose an unreasonable safety
risk when carried on board aircraft by passengers and crew members,
provided they meet the specified performance standards. We also agree
with Medis Technologies and Millennium Cell that fuel cell cartridges
and systems containing borohydride materials pose similar safety risks
and will operate in a similar manner as those containing formic acid.
It is important to note, however, that we are continuing to work
with the FAA Tech Center to evaluate the safety risks posed by the air
transportation of fuel cell cartridges and systems containing various
types and classes of hazardous materials. We expect to conclude this
evaluation prior to issuing a final rule under this docket; it will be
placed in the docket for this rulemaking.
As indicated above, we are proposing to require fuel cell
cartridges and systems to meet rigorous performance criteria that are
consistent with the conditions applicable to the passenger
authorization in the ICAO Technical Instructions. First, we are
proposing to incorporate into the HMR the industry technical
specification and addendum developed by the IEC governing the
[[Page 53746]]
design and consumer use of fuel cell cartridges, power units, and power
systems (IEC/PAS 62282-6-1 First Edition, with Technical Corrigendum 1,
2006). The IEC technical specification is a comprehensive standard that
addresses design, manufacturing, testing, and transportation specific
to micro-fuel cells. It prescribes requirements for valves, filling,
packaging performance, failure mode analysis, consumer refilling,
materials of construction, exterior and exhaust temperature limits,
warnings, certification, markings, and manufacturers' instructions. As
revised by the recent addendum, the IEC specification mandates a zero-
leak standard as a basis for successfully passing the design-type tests
and, thus, is equivalent to the safety standard established for certain
non-bulk gas packagings in the HMR. We also propose to limit fuel cell
cartridges and systems carried by airline passengers and crew to those
marked ``APPROVED FOR CARRIAGE IN AIRCRAFT CABIN ONLY'' by the
manufacturer. This marking is the manufacturer's certification that the
fuel cell cartridges and systems conform to the performance standard
established in the revised IEC technical specification.
In addition, in this NPRM, we are proposing to limit the amount of
hazardous material that may be contained in each individual fuel cell
authorized for transportation in carry-on baggage on board passenger-
carrying aircraft. Consistent with the standard adopted for the ICAO
Technical Instructions, we propose to limit fuel cells containing
liquid fuels to 200 mL (6.76 ounces) of fuel per cartridge, fuel cells
containing liquefied gases to 200 mL (6.76 ounces) of fuel per metal
cartridge and 120 mL (4 fluid ounces) of fuel per non-metallic fuel
cell cartridge, and fuel cells containing solid materials to 200 g (7
ounces) of fuel per cartridge. Also consistent with the ICAO Technical
Instructions, each passenger or crew member would be permitted to carry
up to two spare cartridges.
To reduce possible releases, we propose to prohibit passengers and
crew members from refilling fuel cell cartridges and systems, except to
install a spare cartridge. In addition, we propose to limit fuel cell
cartridges and systems carried by passengers and crew members to a type
and design that will not continue to charge batteries when the device
being powered is not in use. Again, these prohibitions are consistent
with the passenger authorizations for fuel cells adopted under the ICAO
Technical Instructions.
VII. Transportation Security Administration
The Department of Homeland Security's Transportation Security
Administration (TSA) is authorized to prescribe security standards for
all modes of transportation, including aviation (49 U.S.C. 114(d)).
Under this authority, TSA prohibits airline passengers from carrying
weapons, explosives, or incendiary devices and has published several
interpretative rules to provide guidance on the types of property TSA
considers subject to the prohibition (68 FR 7444; 68 FR 9902; 70 FR
9877).
As PHMSA developed this NPRM, we consulted with TSA concerning
current security limitations applicable to the carriage of fuel cells
by aircraft passengers and crew members and shared with TSA our
technical analysis supporting this rulemaking. We understand that TSA
is considering whether any additional security measures for fuel cells
or fuel cell systems may be appropriate. In any case, this rulemaking
would not limit TSA's authority to address security concerns related to
the transportation of fuel cells or fuel cell systems.
On September 26, 2006, TSA imposed a strict limit on liquids, gels,
and aerosols an aircraft passenger is permitted to take through a
security checkpoint in carry-on baggage. TSA limits these materials to
3-ounce (100 mL) or smaller containers placed in a clear quart-size,
zip-top plastic bag. Fuel cell cartridges and systems would be subject
to this limitation, notwithstanding any rule adopted in this
proceeding.
VIII. Rulemaking Analyses and Notices
A. Statutory/Legal Authority for This Rulemaking
This notice of proposed rulemaking is published under the following
statutory authorities:
1. 49 U.S.C. 5103(b) authorizes the Secretary of Transportation to
prescribe regulations for the safe transportation, including security,
of hazardous material in intrastate, interstate, and foreign commerce.
This NPRM proposes regulations to promote the safe transportation of
fuel cells carried by airline passengers and crew members. To this end,
as detailed above, PHMSA proposes to limit the types and quantities of
fuel cell cartridges and fuel cell systems permitted on passenger
aircraft, prescribe specific performance-based design and packaging
criteria for these articles, and limit the manner in which they may be
used during air transportation.
2. Section 5120 of Federal hazardous materials transportation law
(49 U.S.C. 5120), authorizes the Secretary of Transportation to
participate in the development of international standards for the
transportation of hazardous materials and grants the Secretary broad
discretion to harmonize the HMR with international standards. Section
5120(c) permits the Secretary to establish more stringent standards for
transportation in the United States as necessary in the public
interest. The proposals in this NPRM would harmonize the HMR with
international requirements for fuel cell systems and cartridges to the
extent these are consistent with PHMSA's safety objectives.
B. Executive Order 12866 and DOT Regulatory Policies and Procedures
This proposed rule is not a significant regulatory action under
section 3(f) of Executive Order 12866 and was not reviewed by the
Office of Management and Budget. This NPRM is a non-significant rule
under the Regulatory Policies and Procedures of the Department of
Transportation [44 FR 11034].
Fuel cells are an emerging technology designed to meet the growing
demand for alternative energy sources. Fuel cell technology has not yet
achieved wide-spread commercialization, but is being developed for use
in mobile phones, laptop computers, and, to a lesser extent,
camcorders, digital cameras, and personal digital assistants
(``PDAs''). The U.S. Fuel Cell Council found, as a result of its 2006
survey of 181 industry respondents, that sales from 2005 to 2006 of all
fuel cell and fuel cell-based systems, of which those designed for
portable electronic devices are currently a small part, increased by 7
percent to $353 million, and research and development expenditures and
industry employment over the same period increased by 11 and 12 percent
to $796 million and 7,074 employees, respectively. The industry
projects fuel cells for portable electronic devices will achieve
significant market penetration by 2009.
By proposing to authorize their carriage by airline passengers and
crew, the regulatory changes addressed in this rulemaking will lift
barriers to the commercialization and distribution of fuel cell
cartridges for use in personal electronic equipment. The costs
associated with this rulemaking proposal primarily relate to the costs
for testing fuel cell designs in accordance with the IEC consensus
standard. We expect most fuel cell manufacturers will voluntarily
comply with the IEC standard as a positive marketing tool
[[Page 53747]]
because it addresses broad consumer safety issues and provides
independent assurance that fuel cells will meet a rigorous safety
standard. Thus, the incremental costs imposed by this NPRM are expected
to be minimal.
C. Executive Order 13132
This proposed rule has been analyzed in accordance with the
principles and criteria set forth in Executive Order 13132
(``Federalism''). Any rule resulting from this rulemaking will preempt
State, local, and Indian tribe requirements but will not have
substantial direct effects on the States, the relationship between the
national government and the States, or the distribution of power and
responsibilities among the various levels of government. Therefore, the
consultation and funding requirements of Executive Order 13132 do not
apply.
Federal hazardous materials transportation law (49 U.S.C. 5125(b))
expressly preempts State, local, and Indian tribe requirements on
certain covered subjects, as follows:
(1) The designation, description, and classification of hazardous
materials;
(2) The packing, repacking, handling, labeling, marking, and
placarding of hazardous materials;
(3) The preparation, execution, and use of shipping documents
related to hazardous materials, and requirements related to the number,
contents, and placement of those documents;
(4) The written notification, recording, and reporting of the
unintentional release in transportation of hazardous materials; and
(5) The design, manufacture, fabrication, inspection, marking,
maintenance, reconditioning, repair, or testing of a packaging or
container represented, marked, certified, or sold as qualified for use
in transporting hazardous material.
This proposed rule addresses covered subject items (1), (2), (3),
and (5) above and would preempt State, local, and Indian tribe
requirements not meeting the ``substantively the same'' standard.
Pursuant to 49 U.S.C. 5125(b)(2), we would deem federal preemption
effective upon the effective date of the final rule. We are proposing
to make the final rule effective approximately 90 days after it is
published in the Federal Register.
D. Executive Order 13175
This proposed rule was analyzed in accordance with the principles
and criteria set forth in Executive Order 13175 (``Consultation and
Coordination with Indian Tribal Governments''). Because this proposed
rule does not have tribal implications and does not impose substantial
direct compliance costs, the funding and consultation requirements of
Executive Order 13175 do not apply.
E. Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires an
agency to review regulations to assess their impact on small entities,
unless the agency determines the rule is not expected to have a
significant impact on a substantial number of small entities. The
proposed rule will relax regulatory barriers to the transportation of
fuel cells used in personal electronic devices and, accordingly, is
expected to have a positive impact on small businesses that
manufacture, distribute, transport, or use such items. As indicated
above, we expect the incremental costs imposed by this NPRM to be
minimal. Therefore, I certify that, if adopted, the proposals in this
NPRM will not have a significant impact on a substantial number of
small entities.
This proposed rule has been developed in accordance with Executive
Order 13272 (``Proper Consideration of Small Entities in Agency
Rulemaking'') and DOT's procedures and policies to promote compliance
with the Regulatory Flexibility Act to ensure that potential impacts of
draft rules on small entities are properly considered.
F. Paperwork Reduction Act
Section 1320.8(d), Title 5, Code of Federal Regulations, requires
PHMSA to provide interested members of the public and affected agencies
an opportunity to comment on information collection and recordkeeping
requests. This NPRM does not include new information collection or
recordkeeping requirements.
G. Regulation Identifier Number (RIN)
A regulation identifier number (RIN) is assigned to each regulatory
action listed in the Unified Agenda of Federal Regulations. The
Regulatory Information Service Center publishes the Unified Agenda in
April and October of each year. The RIN contained in the heading of
this document can be used to cross-reference this action with the
Unified Agenda.
H. Unfunded Mandates Reform Act
This proposed rule does not impose unfunded mandates under the
Unfunded Mandates Reform Act of 1995. It does not result in costs of
$120.7 million or more to either State, local or tribal governments, in
the aggregate, or to the private sector, and is the least burdensome
alternative that achieves the objective of the rule.
I. Environmental Assessment
The National Environmental Policy Act (NEPA), Sec. Sec. 4321-4375,
requires that federal agencies analyze proposed actions to determine
whether the action will have a significant impact on the human
environment. The Council on Environmental Quality (CEQ) regulations
order federal agencies to conduct an environmental review considering
(1) the need for the proposed action, (2) alternatives to the proposed
action, (3) probable environmental impacts of the proposed action and
alternatives, and (4) the agencies and persons consulted during the
consideration process. 40 CFR 1508.9(b).
Purpose and Need
Fuel cells are an emerging energy technology designed to replace,
augment, or recharge existing battery sources. The fuel cell designs
currently under development are powered by one of a variety of
hazardous materials fuels, including methanol and other types of
flammable liquids, butane flammable gas, dangerous when wet hydrogen in
metal hydride, and corrosive liquids containing formic acid or
borohydride materials.
The HMR and the ICAO Technical Instructions already include
provisions for transporting fuel cell systems and fuel cell cartridges
containing flammable liquid as cargo on board aircraft. See 49 CFR
173.230, and Special Provision 146 of the HMR, and Packing Instruction
313 of the 2007-2008 edition of the ICAO Technical Instructions. In
addition, the ICAO also adopted (in Section 8:1.1.2(r)) provisions that
will permit these devices to be fueled by formic acid or butane, and
transported in carry-on baggage on board passenger-carrying aircraft
under certain conditions. This rulemaking proposes to harmonize the HMR
with these additional ICAO requirements. To limit both the safety and
environmental consequences should an incident occur, this rulemaking
also proposes restrictions on the fuel cell system configurations and
limits on the amount of hazardous material contained in each fuel cell
cartridge. There are no significant environmental impacts associated
with this NPRM.
Alternatives
The alternatives PHMSA is considering are as follows:
No action--If no action is taken, passengers would not be permitted
to
[[Page 53748]]
transport personal electronic devices powered by fuel cell technology
in carry-on baggage on domestic flights. The industry views such
authorization as key to continued development and use of this
technology. Without explicit action to permit airline passengers to
carry fuel cell powered devices, technological development could well
be delayed. This action is not recommended.
Actions Proposed in this NPRM--The actions proposed in this NPRM
would harmonize the HMR requirements for fuel cells with those
prescribed in the international regulations. These proposed amendments
are intended to update, clarify, and provide relief from certain
existing regulatory requirements to promote safer transportation
practices, finalize outstanding petitions for rulemaking, facilitate
international commerce, and make the regulations easier to understand.
This action is recommended.
To Regulate All Fuel Cells in the Manner Prescribed in the IEC
Standard--In addition to the materials covered by the proposed rule,
the IEC standard covers fuel cells containing solid Division 4.3
(dangerous when wet) materials. As explained above, this design was not
included in the ICAO standard to which we are proposing to harmonize in
this rulemaking. PHMSA believes those fuel cell designs that have not
been included in the ICAO standards warrant further safety review and
that adopting a standard inconsistent with the international standard
cannot be justified at this time.
Analysis of Environmental Impacts
We regulate hazardous materials transported by aircraft, vessel,
rail, and highway. The potential for environmental damage or
contamination exists when packages of hazardous materials are involved
in accidents or en route incidents resulting from cargo shifts, valve
failures, package failures, or loading, unloading, or handling
problems. The ecosystems that could be affected by a release include
air, water, soil, and ecological resources (for example, wildlife
habitats). The adverse environmental impacts associated with releases
of most hazardous materials are short-term impacts that can be greatly
reduced or eliminated through prompt clean up of the accident scene.
Most hazardous materials are not transported in quantities sufficient
to cause significant, long-term environmental damage if they are
released.
The hazardous material regulatory system is a risk-management
system that is prevention oriented and focused on identifying a hazard
and reducing the probability and quantity of a hazardous material
release. Hazardous materials are categorized by hazard analysis and
experience into hazard classes and packing groups. The regulations
require each shipper to classify a material in accordance with these
hazard classes and packing groups; the process of classifying a
hazardous material is itself a form of hazard analysis. Further, the
regulations require the shipper to communicate the material's hazards
through use of the hazard class, packing group, and proper shipping
name on the shipping paper, labels and markings on packages, and
placards on transport vehicles. Thus the shipping paper, labels,
markings, and placards communicate the most significant findings of the
shipper's hazard analysis. Excluding compressed gases, radioactive
materials, and explosives, which all have their own packaging strength
criteria, a hazardous material is assigned to one of three packing
groups based upon its degree of hazard--from a high hazard, Packing
Group I, to a low hazard, Packing Group III material--except gases and
certain other materials with high integrity packagings. The HMR are
designed to ensure the quality, damage resistance, and performance
standards of the packaging for each hazardous material are appropriate
for the hazards of the material transported.
We have reviewed the risks associated with transporting fuel cell
systems and cartridges. The amount of hazardous material contained
within the fuel cells or cartridges to which this NPRM applies is
minimal, limited to 200 mL or 200 g by this proposal. Even if a large
number of these devices were compromised and their hazardous materials
contents released, the environmental impact of the release would not be
significant. We have determined there will be no significant
environmental impacts associated with this proposed rule.
Consultation and Public Comment
As discussed above, PHMSA consulted with the IEC and many companies
representing the fuel cell industry here and abroad to prepare for U.N.
Dangerous Goods Council meetings on these devices. PHMSA also
participated in the technical review of papers prepared by these
companies explaining the potential risks and measures taken in the IEC
standard to reduce risks for each fuel the IEC standard states may be
present in a fuel cell. In addition, also as discussed earlier, PHMSA
has consulted extensively with the U.S. Fuel Council, Medis
Technologies, Ltd., and Millenium Cell, Inc., in response to their
petitions for rulemaking, numbered P-1475 and P-1483, to permit
passengers and crew to transport in carry-on baggage on board passenger
aircraft fuel cells containing flammable liquid, formic acid, butane,
and Class 8 borohydride materials for use in portable electronic
devices. PHMSA has also received a letter signed by approximately 18
companies supporting the proposed regulation of fuel cells in the HMR.
We invite interested persons to submit comments on the potential
environmental, safety, and other impacts of the proposals subject to
federal regulation in this NPRM.
J. Privacy Act
Anyone is able to search the electronic form of any written
communications and comments received into any of our dockets by the
name of the individual submitting the document (or signing the
document, if submitted on behalf of an association, business, labor
union, etc.). You may review DOT's complete Privacy Act Statement in
the Federal Register published on April 11, 2000 (Volume 65, Number 70;
Pages 19477-78), which may also be found at http://dms.dot.gov, and on and after September 28, 2007, may be found at http://
http://www.regulations.gov.
List of Subjects
49 CFR Part 171
Exports, Hazardous materials transportation, Hazardous waste,
Imports, Incorporation by reference, Reporting and recordkeeping
requirements.
49 CFR Part 173
Hazardous materials transportation, Packaging and containers,
Radioactive materials, Reporting and recordkeeping requirements,
Uranium.
49 CFR Part 175
Air carriers, Hazardous materials transportation, Incorporation by
reference, Radioactive materials, Reporting and recordkeeping
requirements.
In consideration of the foregoing, we propose to amend 49 CFR
Chapter I as follows:
PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS
1. The authority citation for part 171 continues to read as
follows:
Authority: 49 U.S.C. 5101-5128, 44701; 49 CFR 1.45 and 1.53;
Pub. L. 101-410 section 4 (28 U.S.C. 2461 Note); Pub. L. 104-134
section 31001.
[[Page 53749]]
2. In Sec. 171.7, in paragraph (a)(3), in the Table, an entry for
the International Electrotechnical Commission is added in appropriate
alphabetical order to read as follows:
Sec. 171.7 Reference material.
* * * * *
(a) * * *
(3) * * *
------------------------------------------------------------------------
Source and name of material 49 CFR reference
------------------------------------------------------------------------
* * * * * * *
International Electrotechnical Commission (IEC) 3,
rue de Varemb[eacute], P.O. Box 131, CH--1211,
GENEVA 20, Switzerland:
Fuel cell technologies--Part 6-1: Micro fuel Sec. 175.10
cell power systems--Safety, IEC/PAS 62282-6-1
First Edition, with Technical Corrigendum 1,
2006...........................................
* * * * * * *
------------------------------------------------------------------------
* * * * *
2. In Sec. 171.8, two new definitions for ``fuel cell'' and ``fuel
cell cartridge'' are added in alphabetical order to read as follows:
Sec. 171.8 Definitions and abbreviations.
* * * * *
Fuel cell means an electrochemical device that converts the energy
of the chemical reaction between a fuel, such as hydrogen or hydrogen
rich gases, alcohols, hydrocarbons, and an oxidant, such as air or
oxygen, to direct current (d.c.) power, heat, and other reaction
products.
Fuel cell cartridge or Fuel cartridge means a removable article
that contains and supplies fuel to the micro fuel cell power unit or
internal reservoir, not to be refilled by the user.
* * * * *
PART 173--SHIPPERS--GENERAL REQUIREMENTS FOR SHIPMENTS AND
PACKAGINGS
3. The authority citation for part 173 continues to read as
follows:
Authority: 49 U.S.C. 5101-5128, 44701; 49 CFR 1.45, 1.53.
4. In Sec. 173.230, paragraph (a) is revised and new paragraph (d)
is added, to read as follows:
Sec. 173.230 Fuel cell cartridges containing flammable liquids.
(a) A fuel cell cartridge must be designed and constructed to
prevent the fuel it contains from leaking during normal conditions of
transportation and be free of electric charge generating components.
* * * * *
(d) Fuel cells intended for transportation in carry-on baggage on
board passenger aircraft must also comply with the applicable
provisions prescribed in Sec. 175.10 of this subchapter.
PART 175--CARRIAGE BY AIRCRAFT
5. The authority citation for part 175 continues to read as
follows:
Authority: 49 U.S.C. 5101-5128, 44701; 49 CFR 1.45, 1.53.
6. In Sec. 175.10, paragraph (a)(18) is added to read as follows:
Sec. 175.10 Exceptions for passengers, crew members, and air
operators.
(a) * * *
(18) Portable electronic devices (for example, cameras, cellular
phones, laptop computers, and camcorders) powered by fuel cell systems,
and not more than two spare fuel cartridges per passenger or crew
member, when transported in carry-on baggage by aircraft under the
following conditions:
(i) Fuel cell cartridges may contain only Class 3 flammable liquids
(including methanol), Class 8 formic acid, Class 8 borohydride
materials, or Division 2.1 butane;
(ii) The maximum quantity of fuel in any fuel cell cartridge may
not exceed:
(A) 200 mL (6.76 ounces) for liquids,
(B) 120 mL (4 fluid ounces) for liquefied gases in non-metallic
fuel cell cartridges, or 200 mL for metal fuel cell cartridges;
(C) 200 g (7 ounces) for solids;
(iii) No more than two spare fuel cell cartridges may be carried by
a passenger;
(iv) Fuel cell systems containing fuel and fuel cell cartridges
including spare cartridges are permitted in carry-on baggage only;
(v) Fuel cell cartridges may not be refillable by the user.
Refueling of fuel cell systems is not permitted except that the
installation of a spare cartridge is allowed. Fuel cell cartridges that
are used to refill fuel cell systems but that are not designed or
intended to remain installed (fuel cell refills) in a portable
electronic device are not permitted;
(vi) Fuel cell systems and fuel cell cartridges must conform to
IEC/PAS 62282-6-1 (IBR; see Sec. 171.7 of this subchapter);
(vii) Interaction between fuel cells and integrated batteries in a
device must conform to IEC/PAS 62282-6-1. Fuel cell systems for which
the sole function is to charge a battery in the device are not
permitted;
(viii) Fuel cell systems must be of a type that will not charge
batteries when the portable electronic device is not in use; and
(ix) Each fuel cell cartridge and system that conforms to the
requirements in this paragraph (a)(18) must be durably marked by the
manufacturer with the wording: ``APPROVED FOR CARRIAGE IN AIRCRAFT
CABIN ONLY'' to certify that the fuel cell cartridge or system meets
the specifications in IEC/PAS 62282-6-1 and with the maximum quantity
and type of fuel contained in the cartridge or system.
* * * * *
Issued in Washington, DC, on September 14, 2007, under the
authority delegated in 49 CFR part 106.
Theodore L. Willke,
Associate Administrator for Hazardous Materials Safety.
[FR Doc. E7-18532 Filed 9-19-07; 8:45 am]
BILLING CODE 4910-60-P