[Federal Register Volume 74, Number 193 (Wednesday, October 7, 2009)]
[Notices]
[Pages 51643-51645]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-24184]
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DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
[Docket No. PHMSA-2009-0310; Notice No. 09-05]
Advisory Guidance; Transportation of Batteries and Battery-
Powered Devices
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.
ACTION: Safety advisory.
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SUMMARY: The Pipeline and Hazardous Materials Safety Administration
(PHMSA) and the Federal Aviation Administration (FAA) are alerting
shippers and carriers to the importance of transporting lithium
batteries safely. PHMSA and FAA are concerned that many persons who
ship lithium batteries do not recognize the hazards posed by these
batteries during transportation. We are issuing this advisory guidance
to (1) Inform persons of recent aviation incidents involving fires
aboard both passenger and cargo aircraft and the potential hazards that
shipments of lithium batteries may present while in transportation, (2)
provide information concerning the current requirements for the
transportation of lithium batteries and (3) inform persons of the
actions we have taken to date and plan to take in the future to address
the hazards of these batteries.
SUPPLEMENTARY INFORMATION:
I. Background
Lithium batteries are considered hazardous materials in
transportation because they present both chemical (e.g., flammable
electrolytes) and electrical hazards. If not safely packaged and
handled when transported, lithium batteries can become dangerous.
Defective batteries or batteries that are misused, mishandled,
improperly packaged, improperly stored, improperly manufactured, or
overcharged can overheat and ignite and, once ignited, fires can be
especially difficult to extinguish. Overheating has the potential to
create a thermal runaway, a chain reaction leading to self-heating and
release of the battery's stored energy. Fires in aircraft can result in
catastrophic events presenting unique challenges not encountered in
other transport modes.
II. Recent Transportation Incidents
Since 1991, we have identified over 40 air transport-related
incidents involving lithium batteries and devices powered by lithium
batteries. A list of these incidents can be found on the FAA Web site
at: http://www.faa.gov/about/office_org/headquarters_offices/ash/ash_programs/hazmat/aircarrier_info/media/Battery_incident_chart.pdf. These incidents occurred aboard passenger aircraft and cargo
aircraft, prior to loading batteries aboard an aircraft, and after
batteries were transported by air. Many of the incidents were directly
related to a lack of awareness of the required safety measures
applicable to shipments of lithium batteries or because passengers
failed to follow preventative measures to protect batteries from short
circuit or damage.
On September 9, 2009 a passenger flight declared an
emergency after a passenger attempted to hand the flight attendant a
carrier-provided personal electronic device (PED). The PED was dropped
and upon impact with the cabin floor the battery pack sparked and began
smoking. Two flight attendants extinguished the fire with water.
On August 25, 2009 DOT received information related to a
smoking and burning package that was discovered at a Medford,
Massachusetts sorting facility. Upon inspection, the consignment was
discovered to contain 30 individual batteries grouped together in six
or seven battery packs. The package contained lithium batteries that
were shipped as general cargo. There were no markings or labels on the
outer package indicating the material was a hazardous material.
On August 15, 2009 a package containing lithium ion
batteries was found smoldering, and emitting smoke in a unit load
device (ULD) in an aircraft loading facility in Taipei, Taiwan. The ULD
had been carried from the Island of Macau. Personnel in the Taiwan
facility responded quickly to extinguish the
[[Page 51644]]
smoldering fire before any open flames were seen. The packages were
unmarked and the contents were noted on the invoice as ``electrical
adapters.''
On August 14, 2009 after landing the aircraft, the flight
crew received a warning indicating smoke in the forward cargo
compartment. Initial indications are that a fire originated with a
shipment of approximately 1,000 e-cigarettes, each containing a lithium
metal battery. There were no markings or labels indicating the
materials posed a specific hazard or contained lithium batteries.
On July 15, 2009 one of several related packages
transported from Romulus, Michigan was discovered emitting smoke and
smoldering upon arrival in Santo Domingo, Dominican Republic. Upon
inspection, the package was found to contain numerous loose lithium-ion
cell phone batteries haphazardly packed with no apparent measures to
protect against short-circuits or overheating. Package documentation
indicated, ``used batteries--non haz.''
III. Current Regulatory Requirements
The Hazardous Materials Regulations (HMR; 49 CFR parts 171-180)
include requirements for packaging, hazard communication and handling
lithium batteries. For transportation by all modes, lithium batteries
of all types and sizes must pass a series of tests outlined in the UN
Manual of Tests and Criteria. These tests are designed to ensure the
battery can withstand the conditions typically encountered in
transportation. In addition, all batteries must be packaged to prevent
short circuits, including movement that could lead to short circuits
and damage to the batteries (See Sec. 172.102(c) SP 188, 189 and Sec.
173.185). The HMR also impose additional restrictions on the transport
of lithium batteries in the air mode, including a limited prohibition
on the transport of lithium metal batteries as cargo on board passenger
aircraft (See Sec. 172.102(c) SP A100). Additionally, damaged,
defective or recalled lithium batteries (including those being returned
to the manufacturer as part of a safety recall) should not be
transported aboard aircraft. Recommended practices for preparing
recalled batteries for ground transportation are set forth in ``DOT
Guidance for the Safe Transportation of Recalled Lithium Batteries,''
available for download at http://safetravel.dot.gov/downloads.html.
While certain small lithium batteries and cells are afforded
exceptions from some regulatory requirements, the cells and batteries
must be separated or packaged in a manner to prevent short circuits
(See Sec. 172.102(c) SP 188 and 189). When a package contains multiple
lithium cells or batteries, the package must be:
Marked to indicate that it contains lithium batteries and
that special procedures should be followed in the event the package is
damaged;
Accompanied by a document indicating that the package
contains lithium batteries and special procedures should be followed in
the event that the package is damaged;
Capable of withstanding a 1.2 meter drop test in any
orientation without damage to cells or batteries contained in the
package, without shifting of the contents that would allow short
circuits and without release of package contents; and
Not more than 30 kg (66 pounds) gross mass.
In addition all electrical devices that are likely to create sparks or
generate a dangerous quantity of heat are forbidden for transportation
unless packaged in a manner that precludes such an occurrence (See
Sec. 173.21).
IV. Current and Future Efforts
To enhance understanding and compliance with the HMR, we initiated
several public outreach efforts designed to connect with both the
travelling public and the larger shipping community. Since 2007 we have
published numerous safety advisories, created the SafeTravel Web site
dedicated to providing information to the air travelling public on the
safe transport of a variety of materials including lithium batteries
and partnered with airlines, battery manufacturers and others to spread
our safety message. Additionally, the PHMSA Hazardous Materials Safety
Assistance Team initiated an outreach campaign. As part of this
campaign, team members visited retailers and others involved in the
production, distribution and sale of lithium batteries. During their
visits, team members provided kits on how to provide information on the
safe shipment of lithium batteries and encouraged those persons the
team visited to include the SafeTravel link on their Web sites. In
March 2009, DOT published ``Shipping Batteries Safely by Air; What You
Need to Know,'' targeting infrequent shippers who may be unfamiliar
with appropriate packing methods. This guide explains the regulations
covering the classification, packaging and hazard communication
requirements for the transportation of batteries shipped by aircraft in
terms easy to understand.
Despite these outreach efforts, aviation incidents involving
lithium batteries continue to occur. For example, the July 15, 2009
incident involved a shipment containing several thousand lithium ion
cell phone batteries loosely placed into fiberboard packages, with no
protection from short circuits and no package markings indicating the
presence of lithium batteries. One of the packages was discovered
emitting smoke after landing at its destination. These and similar
incidents are the cause of significant concern by PHMSA and FAA.
Documents included with the shipment indicated the packages contained
non-hazardous used batteries.
Non-compliance with the transportation requirements for lithium
batteries poses serious safety consequences. Therefore, we are again
increasing our efforts to reduce this risk by stepping up our already
aggressive enforcement of the safety standards and reenergizing our
awareness and outreach efforts. Accordingly, we are publishing this
safety advisory to further promote awareness of the ongoing safety
concern and ensure that shippers and carriers are aware of the risks
associated with the transportation of lithium batteries, the current
regulatory requirements applicable to such transportation, and that
regulatory violations will be prosecuted to the maximum extent
permitted under the law. We are particularly concerned with undeclared
shipments of lithium batteries and we will be focusing on discovering
these shipments and those persons responsible for offering them in
transportation. We encourage anyone with information on those engaged
in this practice to bring them to our attention through our online
complaints Web site at: http://www.phmsa.dot.gov/phmsa-ext/feedback/hazmatComplaintsRegsViolationsForm.jsp or by calling the Hazardous
Materials Information Center at: 1-800-467-4922.
Persons who violate the HMR may be subject to significant civil
penalties and/or criminal fines and imprisonment. In determining the
amount of a civil penalty the following factors will be determined: (1)
The nature, circumstances, extent, and gravity of the violation; (2)
with respect to the violator, the degree of culpability, and history of
prior violations, the ability to pay, and any effect on the ability to
continue to do business; and (3) other matters that justice requires.
Maximum civil penalties may be imposed of up to $50,000 per violation
or $100,000 per violation if a death, serious illness, or severe injury
occurs to a person or substantial destruction of property.
[[Page 51645]]
Potential criminal penalties include fines of up to $500,000 and/or ten
years in jail. In a recent enforcement case, PHMSA assessed a total
civil penalty of $360,000 for multiple violations of the HMR relating
to the improper shipment of used batteries for recycling or disposal.
To date, FAA has closed over 75 investigations concerning battery
violations observed in air transport and has collected over $1,000,000
in civil penalties.
More detailed information on the requirements in the HMR governing
the shipment of batteries and additional guidance are available on
DOT's Hazmat Safety Web site: http://www.phmsa.dot.gov/hazmat. The HMR
are also accessible through our Web site, and answers to specific
questions may be obtained from the Hazardous Materials Information
Center at 1-800-467-4922 (in Washington, DC, call 202-366-4488).
Issued in Washington, DC, on September 29, 2009.
Theodore L. Willke,
Associate Administrator for Hazardous Materials Safety.
[FR Doc. E9-24184 Filed 10-6-09; 8:45 am]
BILLING CODE 4910-60-P