Docket No. RSPA-04-19886 (HM-224E); Hazardous Materials: Prohibition on the Transportation of Primary Lithium Batteries and Cells Aboard Passenger Aircraft Dangerous Goods Code, and International Civil Aviation Organization's Technical Instructions; Effective Date 12/29/2004.

SUMMARY: To protect life and property, RSPA (we), working closely with the Federal Aviation Administration (FAA), is issuing an interim final rule imposing a limited prohibition on offering for transportation and transportation of primary (non-rechargeable) lithium batteries and cells as cargo aboard passenger-carrying aircraft and equipment containing or packed with large primary lithium batteries. This rule applies to both foreign and domestic passenger-carrying aircraft entering, leaving, or operating in the United States and to persons offering primary lithium batteries and cells for transportation as cargo on any passenger-carrying aircraft. This prohibition does not affect the carriage of lithium batteries or devices containing lithium batteries that are transported in a passenger's luggage for personal use. In addition, this rule does not apply to the shipment of equipment that contains or is packed with small primary lithium batteries or to the shipment of secondary (rechargeable) lithium batteries (e.g., lithium ion batteries). RSPA is also amending the Hazardous Materials Regulations to require that, when offered for transport as cargo, shipments of primary lithium batteries and cells that are excepted from classification as a Class 9 (miscellaneous) hazardous material must be marked to indicate that they are forbidden for transport aboard passenger-carrying aircraft. Because this interim final rule addresses an immediate public safety risk, it is impracticable and contrary to the public interest to precede it with a notice of proposed rulemaking and an opportunity for public comment. RSPA and FAA also plan on holding a public meeting on this rulemaking before the end of the comment period. The details of the public meeting, including time and location, will be set forth in a future Federal Register notice.

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