  SEQ CHAPTER \h \r 1 MEMORANDUM

DATE:	June 24, 2008

SUBJECT:	Trip Report for the Site Visit to W.C. Richards Company in
Aberdeen, North Carolina, on May 7, 2008

  SEQ CHAPTER \h \r 1

FROM:	Bradley Nelson, EC/R Inc.

TO:		Melissa Payne, EPA/OAQPS/RDPAG   SEQ CHAPTER \h \r 1

1.0	PURPOSE

The purpose of this visit was to examine the paint manufacturing process
at a small (area source) paint manufacturing facility.  This included
examining any emission control equipment and pollution prevention
measures that are in place.  The visit also included a discussion of the
costs incurred from using these pollution control measures and the
wastes generated as a result of the pollution control measures.

2.0	PLACE AND DATE

	W.C. Richards Company

	101 East Maple Street

	Aberdeen, NC 28315

	May 7, 2008

3.0	ATTENDEES

	W.C. Richards Company

	William Abel, Plant Manager

	Paul Puszynski, Plant Supervisor

	National Paint and Coatings Association

	David Darling, Director, Environmental Affairs

	Alison Keane, Counsel, Government Affairs

	John Hopewell, Manager, Environmental Affairs

U.S. Environmental Protection Agency

Melissa Payne, EPA/OAQPS/RDPAG

Barry Elman, EPA/OPEI/SSD

EC/R Incorporated

Bradley Nelson

4.0	DISCUSSION

A.	Overview of Facility and Products

	The W.C. Richards facility produces specialty coatings for industrial
companies.  The company custom formulates coatings based on the
requirements and specifications of the industrial customer.  The company
produces conventional solvent based products, water reducible and water
emulsion products, high solids solvent based coatings, and unique high
performance products.  The facility currently employs 14 people at the
manufacturing facility.

The company produces approximately 150,000 gallons of coating each year
with batch sizes ranging from 1 gallon to 1,000 gallons.  The company is
equipped with 7 stationary mixing tanks and 12 portable mixing tanks to
produce the coatings.  The portable mixing tanks range in size from 30
to 300 gallons and are used for smaller batches.  The stationary mixing
tanks are generally used for larger batches and are approximately 500
gallons in size.

B.	Emissions and Controls

The facility is an area source of hazardous air pollutants (HAP) with
air emissions of 1,030 pounds for toluene, and 755 pounds per year of
xylene.  These emission estimates were calculated using the AP-42
emissions factors for paint manufacturing.  The facility is equipped
with a baghouse that captures particulates from the mixing process using
a flexible duct hoses that can be moved to different mixers.  The
baghouse system has been in place for over 25 years and was installed to
protect workers from exposure to toxic particulates.  The plant manger
estimated the cost of the baghouse and exhaust duct system to be
$75,000.  The company also uses plywood covers on the process tanks to
reduce the evaporation of volatile organics from the coatings mixture.
The company estimated that nearly 4% of the volume of the coating is
lost during the manufacturing process.  The losses occur due to
evaporation of volatile chemicals, residue materials remaining in empty
containers (i.e. pigment bags, drums, etc.), materials retained in mill
chambers (this material is pumped out and segregated at the beginning of
the next batch and used for cleaning or placed in hazardous waste), and
unrecoverable losses in the filtering process.  Volatile chemicals used
in the manufacturing process are stored in covered containers.

C.	Manufacturing Process

	Four main steps are used to manufacture paint at W.C. Richards: (1)
premix, (2) letdown, (3) quality control, and (4) filling.  Equipment
used for paint manufacturing includes bulk solvent storage tanks, bulk
resin storage tanks, small container raw material storage, portable
process tanks, stationary process tanks, high speed dispersers (HSDs),
vertical sand mills, pebble mills, and packages and containers for
product shipment.

1.	Raw Material Storage and Assembly

Bulk raw materials are stored in 3,800 gallon tanks.  The facility uses
four tanks for solvents and two tanks for resin.  The tanks are filled
from tanker trucks.  Solvent tanks are located outside and resin tanks
are located inside of the facility.  A dyke surrounds each group of bulk
storage tanks.  A piping system ending in a manifold brings raw
materials from the bulk storage tanks to the manufacturing area.  During
assembly of raw solvents and resins, a portable process tank is rolled
onto a scale underneath the manifold.  Bulk raw materials are released
from the manifold into the process tank.  After filling, a small bucket
is placed under the manifold to catch any drips of material.

Packages of pigments and empty containers are stored in a building apart
from the main building.  Any flammable materials are brought into the
main building because it is equipped with a sprinkler system.  Purchase
orders and batch tickets list a coded set of ingredients.  All packages
of pigments are labels with the same codes used on the batch tickets.
During assembly of pigments, the worker uses an electric scale to weigh
out the amount of pigment specified on the coded batch ticket into a
paper grocery bag.  The assembled raw materials are set on a pallet and
brought into the production area.  Most of the pigments used at W.C.
Richards do not contain hazardous metals.  However, to meet the
requirements of certain end-users, some pigments containing hazardous
metals are used at the facility.  The plant manager estimated that less
than 1,000 pounds of pigments containing hazardous metals are used per
year.  At one point, a surcharge was levied on products that contained
heavy metals to offset the waste disposal costs incurred by the facility
for disposal of hazardous wastes and to encourage customers to allow
W.C. Richards to substitute alternative materials for the hazardous
pigments.  Due to increased competition from other manufacturers, W.C.
Richards is no longer able to levy the surcharge.

2.	Premix

W.C. Richards has both portable and stationary process tanks.  Two of
the largest stationary tanks are used on a regular basis.  During
premix, resins, wetting agents, and pigments are loaded into the
portable process tank.  A flexible vent hose is placed near the opening
of the tank as pigments are loaded to capture and vent dust into a
baghouse.  The portable process tank is placed under a stationary HSD.
The agitator shaft of the HSD is lowered into the process tank and mixes
the raw materials.  All process tanks are covered during mixing.  Some
products require a milling stage following mixing with the HSD to
further disperse the pigments.  While the milling stage is generally
conducted after the HSD process, sometimes raw materials are blended in
a mill as a first stage.

Both vertical sand mills and pebble mills are used at the facility for
grinding.  If a vertical sand mill is used, the portable process tank
containing the intermediate product is rolled near the mill.  A flexible
hose is used to transfer the intermediate product from the portable
process tank and into the bottom of the mill.  The intermediate product
is pumped up through a cylinder filled with media and a series of discs
connected by a shaft.  A screen surrounds the cylinder to hold in the
media.  The discs are rotated to act similarly to the agitator shaft of
an HSD.  Pigments are dispersed as the intermediate product flows
through the media-filled cylinder.  The product is then pumped from the
top of the mill through a flexible hose and into a second portable
process tank.  Using the vertical sand mill, the grinding process
requires only the time necessary for the intermediate product to flow
through the mill.  If the pebble mill is used for grinding, the
intermediate product is loaded into the mill and is dispersed at one
time.  As the mill circulates, the media disperses the pigment.  The
grinding process requires one or two days using the pebble mill.  While
heat-up from the grinding process itself is sufficient for grinding
using the vertical sand mill, if the pebble mill is used for grinding
the HSD must be used as a first stage to ensure that the temperature of
the intermediate product is at least 120 degrees when it is loaded into
the pebble mill.  Water jackets are used to prevent excessive heat-up
during use of the vertical sand mill.

Portable process tanks and mills are cleaned to avoid contamination from
batch changes.  Recycled solvent is typically used for this cleaning
operation.  Once the recycled solvent is spent it is stored for
incineration.  Mills are cleaned using batch solvent.  The batch solvent
is used to flush the mill and is then added to the letdown tank or used
in another batch.  If water is used instead of solvent to clean the
tanks and mills after production of waterborne paint, the wastewater can
be combined with solvent stored for incineration.  To clean the agitator
shaft on the HSD, a drum with solvent is placed under the shaft.  A
brush is dipped into the solvent and brushed along the agitator shaft to
remove residual materials.  The plant manager attempts to schedule paint
production from batches of light colors to dark colors to reduce the
frequency of cleaning.

3.	Letdown

After premix, the next step of the process is called letdown.  During
this stage, remaining ingredients are added to the intermediate product
to bring the batch to its final volume.  The materials are added into
the same portable process tank that was used for premix.

4.	Quality Control

Following letdown, a sample of the product is tested in the quality
control (QC) lab.  Each formulation is quality tested for a series of
parameters including color, sag, viscosity, and grind.  Small ovens are
used to force samples to dry and for testing baking enamels.  After a
batch passes QC, a sample of the final product is kept for one year.
The first time a new formulation is created, the paint manufacturing
process is carried out in a small scale in the QC lab prior to
production of the full batch size.

5.	Filling

After a batch passes QC, it is filled into containers of various sizes.
All filling is conducted by hand as the facility does not have
sufficient production volume to warrant the use of automated equipment.
The final product is filled into one gallon containers, five gallon
containers, or drums.

5.0	SUMMARY

The W.C. Richards Company manufactures specialty coatings for industrial
customers.

The W.C. Richards facility is an area source and employs 14 people.

The main stages of the coatings production involve: (1) the blending of
liquid media with the pigments and resins in the sand mill or high speed
disperser; (2) the addition and mixing of tints and solvents; (3) the
product filling stage.

The facility uses 7 stationary process tanks, 12 portable process
vessels, five sandmills, and four high speed dispersers to produce
approximately 150,000 gallons of coatings a year.

Control of volatile HAP is achieved by using process tank covers.  Using
the covers the facility estimates they lose approximately 4% of the
coating product.  The losses occur due to evaporation of volatile
chemicals, residue materials remaining in empty containers, materials
retained in mill chambers, and unrecoverable losses in the filtering
process.

A baghouse and flexible vent system is used to control the emissions of
particulate HAP.

 Based on the toxic releases for reporting year 2006 reported in the EPA
Envirofacts Data Warehouse.

 PAGE  1


cargo operators, and the public as a result of the state of charge
requirement and the consignment and overpack restriction by reducing
the possibility of fire on cargo-only aircraft. Additionally, the IFR
will harmonize the prohibition of

lithium ion batteries as cargo on passenger aircraft and eliminate the
possibility of a package of lithium ion batteries causing or
contributing to a fire in the cargo hold of a passenger aircraft.
Passenger Aircraft Prohibition
    The provision prohibiting lithium ion batteries as cargo on
passenger aircraft will provide safety benefits to air operators and
the public by virtually eliminating the possibility of (1) an incident
induced by lithium ion batteries shipped as cargo in a passenger
aircraft and (2) a fire exacerbated by the presence of lithium ion
batteries in the cargo compartment of a passenger aircraft. In
addition, this rulemaking will harmonize U.S. regulations with the ICAO
Technical Instructions.
State of Charge Requirement
    The provision limiting the state of charge will provide safety
benefits to air cargo operators and the public by reducing the
available energy and limiting the propagation of heat and fire in the
event of thermal runaway in lithium ion cells and batteries. The FAA
Technical Center report, Hazards Produced by Lithium Batteries in
Thermal Runaway in Aircraft Cargo Compartments, found that the volume
of gases emitted by lithium ion cells in thermal runaway is dependent
on the state of charge of the cell and higher states of charge yield
greater volumes of flammable gases. Further, reducing the state of
charge of lithium ion 18650 LiCoO2 cells to not more than 30 percent
resulted in a less energetic thermal runaway event and greatly reduced
the likelihood of thermal propagation from cell to cell.\68\ As such,
the state of charge requirement in this rulemaking will serve to
mitigate the likelihood of thermal propagation for lithium ion cells
stored in cargo holds of cargo-only aircraft, particularly for lithium
ion 18650 LiCoO2 cells, by preventing the propagation of thermal
runaway.
---------------------------------------------------------------------------

    \68\ Webster et al. See footnote 7.
---------------------------------------------------------------------------

Consignment and Overpack Restriction
    The provision restricting the number of packages per consignment or
overpack when transported in accordance with limited hazard
communication will provide safety benefits to air cargo operators and
the public by addressing the fire hazard associated with shipping large
quantities of small lithium cells and batteries that were previously
being consolidated in overpacks, pallets, in single unit load devices.
The existing regulations permit large quantities of closely packed
lithium ion batteries to be transported by aircraft without requiring
the shipper to disclose information to the air operator or the pilot in
command. The potential for a small number of lithium batteries in
thermal runaway to vent flammable gas and propagate thermal runaway
between cells in the same package and between adjacent packages and
material caused the ICAO to review the effectiveness of the existing
safety standards. ICAO adopted a consignment restriction to preclude
abuse of the relief provided for small quantities of small lithium
cells and batteries.
    Based on the estimated mean 10-year undiscounted cost of $65.84
million and the estimated economic consequences of $34.9 million for a
cargo-only flight incident, the rulemaking would need to prevent 1.9
incidents over the next 10 years for the benefits to exceed the
quantified costs, or approximately one every 5 years. The rulemaking
would need to prevent a larger number of incidents to exceed the
rulemaking's cost when non-quantified costs are considered. There have
been two fatalities in the U.S. safety record,\69\ which covers the
period related to accidents involving lithium ion batteries shipped by
air.
---------------------------------------------------------------------------

    \69\ For the purposes of this analysis, the scope of the U.S.
safety record includes incidents reported to PHMSA over a 10-year
period using a DOT Form 5800.1. Furthermore, PHMSA is unable to
conduct a root cause analysis on many lithium battery incidents due
to the destruction of evidence in fire.
---------------------------------------------------------------------------

C. Executive Order

    This rulemaking is considered an Executive Order 13771 regulatory
action. Details on the estimated costs of this rulemaking can be found
in the rulemaking's economic analysis.

D. Executive Order 13132

    This IFR has been analyzed in accordance with the principles and
criteria contained in Executive Order 13132 (``Federalism'') and the
President's memorandum (``Preemption'') published in the Federal
Register on May 22, 2009 [74 FR 24693]. This IFR will preempt State,
local, and Indian tribe requirements but does not propose any
regulation that has 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. If adopted, this IFR will preempt
any State, local, or tribal requirements concerning these subjects
unless the non-Federal requirements are ``substantively the same'' as
the Federal requirements. In addition, this IFR does not have
sufficient federalism impacts to warrant the preparation of a
federalism assessment.

E. Executive Order 13175

    This IFR has been analyzed in accordance with the principles and
criteria contained in Executive Order 13175 (``Consultation and
Coordination with Indian Tribal Governments''). Because this rulemaking
does not significantly or uniquely affect the communities of Tribal
governments and does not impose substantial direct compliance costs,
the funding and consultation requirements of Executive Order 13175 do
not apply.

F. Regulatory Flexibility Act, Executive Order 13272, and DOT
Regulatory Policies and Procedures

    Section 603 of the Regulatory Flexibility Act (RFA) requires an
agency to prepare an initial regulatory flexibility analysis describing
impacts on small entities whenever an agency is required by 5 U.S.C.
553 to publish a general notice of proposed rulemaking for any proposed
rulemaking. Similarly, section 604 of the RFA requires an agency to
prepare a final regulatory flexibility analysis when an agency issues a
final rule under 5 U.S.C. 553 after being required to publish a general
notice of proposed rulemaking. Because of the contributing factors and
the need to address the identified safety risk, PHMSA has found that
there is good cause to forgo notice and comment pursuant to the
exceptions in 5 U.S.C. 553(b)(B)(3). Accordingly, PHMSA has not
analyzed the effects of this action under 5 U.S.C. 603 and 604.

G. Paperwork Reduction Act

    PHMSA currently has approved information collections under Office
of Management and Budget (OMB) Control Numbers 2137-0034, ``Hazardous
Materials Shipping Papers and Emergency Response Information'' and
2137-0557, ``Approvals for Hazardous Materials.'' A review of the
baseline and change of paperwork and recordkeeping burden related to
this IFR would bring small lithium batteries into fully regulated
status, thus requiring shipping papers. PHMSA estimates that there will
be an additional 28,242 shipments annually that will require a shipping
paper. PHMSA estimates that each shipping paper takes one minute and
thirty seconds to complete (28,242 shipments x 1 minute 30 seconds),
which results in approximately 741 burden hours. PHMSA does not

estimate any increase in out-of-pocket costs. These shipments will also
require a notification to the pilot in command (NOPIC) taking 1 minute
per shipment (28,242 shipments x 1 minute), which results in an
increase of approximately 471 burden hours. PHMSA does not estimate any
increase in out-of-pocket costs. In total for this information
collection, PHMSA estimates an approximate increase of 56,484 annual
number of responses (28,242 shipping paper responses + 28,242 NOPIC
responses) and approximate increase of 1,212 burden hours (741 shipping
paper burden hours + 471 NOPIC burden hours).
    PHMSA also estimates that an additional 468 approval requests will
result from the new requirements in this IFR. PHMSA estimates that it
takes 40 hours to complete the paperwork portion of an approval
request, resulting in 18,720 additional burden hours (468 approval
requests x 40 hours per request). PHMSA does not estimate any increase
in out-of-pocket costs.
    A summary of the information collection changes can be found below:
OMB Control Number 2137-0034
    Annual Increase in Number of Respondents: 0.
    Annual Increase in Annual Number of Responses: 56,484.
    Annual Increase in Annual Burden Hours: 1,212.
    Annual Increase in Annual Burden Costs: $0.
OMB Control Number: 2137-0557
    Annual Increase in Number of Respondents: 468.
    Annual Increase in Annual Number of Responses: 468.
    Annual Increase in Annual Burden Hours: 18,720.
    Annual Increase in Annual Burden Costs: $0.
    Under the Paperwork Reduction Act of 1995, Public Law 104-13, no
person is required to respond to an information collection unless it
has been approved by OMB and displays a valid OMB control number.
Section 1320.8(d) of title 5 of the CFR requires that PHMSA provide
interested members of the public and affected agencies an opportunity
to comment on information and recordkeeping requests. Please direct
your requests for a copy of the information collection to Steven
Andrews or Shelby Geller, U.S. Department of Transportation, Pipeline &
Hazardous Materials Safety Administration (PHMSA), East Building,
Office of Hazardous Materials Standards, 1200 New Jersey Avenue
Southeast, Washington DC 20590, Telephone<PHONE_NUMBER>.

H. 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.

I. Unfunded Mandates Reform Act

    This IFR does not impose unfunded mandates under the Unfunded
Mandates Reform Act of 1995. It does not result in costs of $141.3
million or more to either State, local, or Tribal governments, in the
aggregate, or to the private sector, and it is the least burdensome
alternative that achieves the objective of the rulemaking.

J. Environmental Assessment

    The National Environmental Policy Act of 1969, 42 U.S.C. 4321-4375
(NEPA) requires Federal agencies to consider the environmental impacts
of proposed actions in their decision-making process. Where an agency
does not anticipate significant environmental impacts, the Council on
Environmental Quality (CEQ) regulations implementing NEPA require
Federal agencies to conduct an environmental assessment to consider (1)
the need for the action, (2) alternatives considered, (3) the human and
environmental impacts of the action and alternatives, and (4) a list of
the agencies and persons consulted. See 40 CFR 1508.9(b). This IFR
would amend the Hazardous Materials Regulations (HMR; 49 CFR parts 171-
180), with the following provisions to (1) prohibit the transport of
lithium ion cells and batteries as cargo on passenger aircraft; (2)
require all lithium ion cells and batteries to be shipped at not more
than a 30 percent state of charge on cargo-only aircraft; and (3)
restrict small lithium cell and battery shipments to one package per
consignment or overpack.
1. Need for the Action
    Lithium batteries pose unique challenges to safety when transported
by air because, unlike other hazardous materials, they contain both a
chemical and an electrical hazard. This combination of hazards, when
involved in a fire encompassing significant quantities of lithium
batteries, may exceed the fire suppression capability of an aircraft
and lead to a catastrophic lithium battery event. Lithium batteries can
overheat and ignite under certain conditions and, once ignited, can be
especially difficult to extinguish. The presence of lithium batteries
can also increase the severity of a fire originating from another
source. In general, lithium batteries have a higher energy density
(i.e., high energy to size ratio) than other types of batteries and are
susceptible to thermal runaway, which is a chain reaction leading to
self-heating and uncontrolled release of the battery's stored energy.
In addition, most lithium ion batteries manufactured today contain a
flammable electrolyte.
    Laboratory testing conducted at the FAA Technical Center has
demonstrated that lithium batteries pose a greater risk in air
transportation than other types of batteries (e.g., alkaline, nickel-
metal hydride, and nickel cadmium). This testing has also demonstrated
that even a few lithium batteries can present a serious hazard. The
current fire suppression systems installed on aircraft provide, at
best, limited effectiveness in mitigating fires involving a consignment
of lithium batteries, which confirms that lithium batteries pose unique
transportation hazards of which the current requirements are not
effective in mitigating.
    Additionally, during the ICAO Dangerous Goods Panel Meeting (DGP-
25; October 19-30, 2015), the DGP proposed two amendments to the ICAO
Technical Instructions. These proposed amendments were based on
recommendations developed at the Second and Third International
Multidisciplinary Lithium Battery Transport Coordination Meetings,
which took place in September 2014 and July 2015, respectively. By way
of DGP-25, the DGP recommended that the ICAO Technical Instructions be
amended to (1) require all lithium ion cells and batteries on cargo-
only aircraft to be shipped at not more than a 30 percent state of
charge and (2) restrict the number of packages that may be offered
under current ICAO Technical Instructions provisions for small
batteries (``Section II'' batteries) to not more than one package per
consignment. The ICAO Council approved and published these amendments
for incorporation into the 2015-2016 ICAO Technical Instructions in
January 2016, with an effective date of April 1, 2016.
    On February 22, 2016, in addition to the two safety enhancements
discussed above, ICAO adopted an additional safety measure that
prohibits, on an interim basis, all consignments of lithium ion
batteries as cargo on passenger aircraft. This prohibition will

continue to be in force as separate work continues through ICAO on a
new lithium battery packaging performance standard. This additional
safety measure is also effective April 1, 2016.
    Lastly, this rulemaking meets the congressional requirements in
Section 333 of the FAA Reauthorization Act of 2018. The FAA
Reauthorization Act of 2018 mandates that within 90 days of enactment,
the Secretary shall issue regulations that adopt the requirements in
the 2015-2016 ICAO Technical Instructions related to the air
transportation of lithium cells and batteries, as well as the revised
standards adopted by ICAO, which were effective on April 1, 2016, and
any other provisions adopted by ICAO prior to the effective date of the
FAA Reauthorization Act of 2018. The FAA Reauthorization Act of 2018
also directs the issuance of a limited exception to the restrictions on
medical device lithium cells and batteries transported via aircraft,
including an expedited review of applications for approvals and special
permits related to the air transportation of lithium cells and
batteries required for medically necessary care.
2. Alternatives Considered
    In this rulemaking, PHMSA considered the following three
alternatives:
    Selected Alternative:
    The Selected Alternative is the scenario, in which PHMSA adopts
into the HMR the amendments presented in this rulemaking, including to:
     Prohibit the transport of lithium ion cells and batteries
as cargo on passenger aircraft;
     Require all lithium ion cells and batteries to be shipped
at not more than a 30 percent state of charge on cargo-only aircraft;
and
     Restrict small lithium cell and battery shipments to one
package per consignment or overpack.
    PHMSA's selected alternative is the ``full harmonization'' approach
since it aligns with ICAO actions and amendments to the ICAO Technical
Instructions described in this rulemaking. Full harmonization under
this rulemaking includes all three amendments above. In addition, this
alternative meets the FAA Reauthorization Act of 2018 mandate to
harmonize with the 2015-2016 ICAO Technical Instructions for air
transportation of lithium cells and batteries and adopt any further
revisions adopted prior to the effective date of the FAA
Reauthorization Act of 2018 within 90 days of enactment (See Section
333). This alternative also meets the FAA Reauthorization Act of 2018
mandate to issue a limited exception for lithium cells and batteries
transported via aircraft for medically necessary care.
    Alternative 1: No Action Alternative:
    The No Action Alternative is the scenario in which PHMSA does not
adopt any of the provisions that comprise the IFR. This alternative
represents a baseline scenario in that it portrays the way the world
would look absent of PHMSA action. The current regulatory standards
would remain in effect. This alternative does not meet the FAA
Reauthorization Act of 2018 congressional mandate to harmonize with the
2015-2016 ICAO Technical Instructions for air transportation of lithium
cells and batteries, harmonize with any further revisions including
those effective on April 1, 2016, and to add a limited exception and
expedited review of special permit and approval applications for air
transportation of lithium cells and batteries for medical device.
    Alternative 2: Partial Harmonization Alternative:
    Under the Partial Harmonization Alternative, PHMSA would:
     Partially adopt the planned regulation. In particular,
this alternative would involve adoption of the prohibition provision
described in this rulemaking as well as the 30 percent state of charge
provision (see ``Section V. Summary of Changes'' for further detail on
these provisions). While there may be some combination of factors that
effectively mitigate the hazards posed by the transportation of lithium
ion batteries on passenger aircraft, the variable effects of battery
chemistry, cargo compartment characteristics including fire suppression
capabilities, and loading configuration clearly demonstrates that there
is no single factor that would preclude the possibility of a thermal
runaway event for all types of lithium ion batteries. Therefore, since
the information to date does not provide for a level of surety that the
risk can be fully mitigated, a prohibition on the transport of lithium
ion batteries as cargo on passenger aircraft is most suitable option.
With respect to the prohibition provision, PHMSA expects that the
prohibition on transporting lithium ion batteries on domestic passenger
aircraft would result in minimal cost impacts on shippers of lithium
ion batteries and air carriers. This is because most U.S. passenger air
carriers have already voluntarily stopped carrying this cargo on their
passenger aircraft.
     Adopt the 30 percent state of charge requirement. PHMSA
maintains that the technical basis for this provision is widely agreed-
upon; numerous laboratory tests support that thermal runaway is related
to the battery's state of charge.
     Not adopt the provision to restrict excepted battery
shipments to one package per consignment or overpack.
     As this alternative only partially addresses the
transportation of lithium cells and batteries adopted by ICAO prior to
the effective date of the FAA Reauthorization Act of 2018, this
alternative would not meet congressional mandate in its entirety.
3. Environmental Impacts
    Preferred Alternative:
    In selecting the provisions as described in this IFR, PHMSA
concluded that human safety and environmental risks would be reduced
and an increase in protections to human health and environmental
resources. As discussed in detail in ``Section III. Need for the
Rule,'' FAA research has shown that air transportation of lithium ion
batteries poses a human safety risk. This IFR includes the specific
measures to reduce environmental and human safety risks to air cargo
operators and the public. Specifically, the consignment and overpack
restriction will lower the risk of inadvertent bulk loading batteries
in a cargo compartment of a cargo-only aircraft without full hazard
communication, and the state of charge provision will decrease both the
likelihood and consequence of an incident involving lithium ion
batteries. Additionally, the prohibition of lithium ion batteries as
cargo on passenger aircraft will generate human safety benefits to air
operators and public by eliminating the possibility of (1) an incident
induced by lithium ion batteries and (2) a fire exacerbated by the
presence of lithium ion batteries involving the cargo hold of a
passenger aircraft.
    Potential environmental impacts of each amendment in the IFR are
discussed below:
    (1) Prohibit the transport of lithium ion cells and batteries as
cargo on passenger aircraft.
    Prohibiting lithium ion batteries as cargo on passenger aircraft
will generate human safety benefits to air operators and the public by
virtually eliminating the possibility of (1) an incident induced by
lithium ion batteries shipped as cargo in a passenger aircraft and (2)
a fire exacerbated by the presence of lithium ion batteries involving
the cargo compartment of a passenger aircraft.
    Incident-related contaminated debris entering the air, water
(possible when aircraft make transoceanic flights or a

cargo's manifest involves a segment of transportation aboard an ocean
vessel), and soil media would be avoided or mitigated and thus benefit
the natural environment under this provision. Additionally, fewer and
mitigated incidents involving lithium batteries will result in less
contaminated debris to be landfilled. PHMSA expects that the
prohibition on transporting lithium ion batteries on domestic passenger
aircraft will have an incremental benefit to human safety and the
environment over the current state since most U.S. passenger air
carriers have already voluntarily stopped carrying this cargo on their
passenger aircraft.
    PHMSA acknowledges that the medical device exception poses an
increase in safety risk and environmental risk due to the dangers posed
by lithium ion cells and batteries. The FAA Reauthorization Act of 2018
requires the implementation of a medical device exception but did not
fully specify how the exception applies. By providing this exception,
PHMSA has considered the needs of individuals who require the
replacement of lithium ion cells or batteries for medically necessary
purposes as required by the FAA Reauthorization Act of 2018.
    PHMSA further concludes that this amendment, which will increase
standardization and consistency of regulations, will result in greater
protection of human health and the environment. Consistency between
U.S. and international transportation requirements enhances the safety
and environmental protection of international hazardous materials
transportation through:
     Better understanding of the regulations;
     An increased level of industry awareness and hence,
compliance;
     The smooth flow of hazardous materials from their points
of origin to their points of destination; and
     Consistent emergency response in the event of a hazardous
materials incident.
    Protections for human safety and environmental protection will also
be enhanced through more targeted and effective training. This
amendment will eliminate inconsistent hazardous materials regulations,
which hamper compliance training efforts. For ease of compliance with
appropriate regulations, air carriers engaged in the transportation of
hazardous materials generally elect to comply with the ICAO Technical
Instructions, as appropriate. By maintaining consistency between these
international regulations and the HMR, shippers and carriers are able
to train their hazmat employees in a single set of requirements for
classification, packaging, hazard communication, handling, stowage,
etc., thereby minimizing the possibility of improperly preparing and
transporting a consignment of hazardous materials because of
differences between domestic and international regulations. Greenhouse
gas emissions would remain the same under this amendment.
    (2) Require all lithium ion cells and batteries to be shipped at
not more than a 30 percent state of charge on cargo-only aircraft.
    Requiring all lithium ion cells and batteries on cargo-only
aircraft to be shipped at not more than a 30 percent state of charge
will provide safety benefits to air cargo operators and the public by
reducing the available energy and limiting the propagation of heat and
fire in the event of thermal runaway in lithium ion cells and
batteries. The FAA Technical Center report, Summary of FAA Studies
Related to the Hazards Produced by Lithium Cells in Thermal Runaway in
Aircraft Cargo Compartments, FAA Report DOT/FAA/TC-16/37, June 2016,
found that ``the volume of gases emitted by lithium ion cells in
thermal runaway is dependent on the state of charge of the cell. Higher
states of charge yield greater volumes of flammable gases. Reducing the
state of charge of lithium ion 18650 LiCoO2 cells to thirty percent or
less resulted in a less energetic thermal runaway event and greatly
reduced the likelihood of thermal propagation from cell to cell.'' As
such, the state of charge requirement in this rulemaking will serve to
mitigate the likelihood of thermal propagation for lithium ion cells
stored in cargo holds of cargo-only aircraft, particularly for lithium
ion 18650 LiCoO2 cells, by preventing propagation of thermal runaway.
    In addition to human safety benefits, incident-related contaminated
debris entering the air, water (possible when aircraft make
transoceanic flights or a cargo's manifest involves a segment of
transportation aboard an ocean vessel), and soil media would be avoided
or mitigated and thus benefit the natural environment under this
provision. Additionally, fewer and mitigated incidents involving
lithium batteries will result in less contaminated debris to be
landfilled.
    PHMSA acknowledges that the medical device exception poses an
increase in safety risk and environmental risk due to the dangers posed
by lithium ion cells and batteries. The FAA Reauthorization Act of 2018
requires the implementation of a medical device exception but did not
fully specify how the exception applies. By providing this exception,
PHMSA has considered the needs of individuals who require the
replacement of lithium ion cells or batteries for medically necessary
purposes as required by the FAA Reauthorization Act of 2018.
    PHMSA further concludes that the amendment, which will increase
standardization and consistency of regulations, will also result in
greater protection of human health and the environment. Consistency
between U.S. and international transportation requirements enhances the
safety and environmental protection of international hazardous
materials transportation through:
     Better understanding of the regulations;
     An increased level of industry awareness and hence,
compliance;
     The smooth flow of hazardous materials from their points
of origin to their points of destination; and
     Consistent emergency response in the event of a hazardous
materials incident.
    Enhanced environmental protection will also be achieved through
more targeted and effective training. This amendment will eliminate
inconsistent hazardous materials regulations, which hamper compliance
training efforts. For ease of compliance with appropriate regulations,
air carriers engaged in the transportation of hazardous materials
generally elect to comply with the ICAO Technical Instructions, as
appropriate. By maintaining consistency between these international
regulations and the HMR, shippers and carriers are able to train their
hazmat employees in a single set of requirements for classification,
packaging, hazard communication, handling, stowage, etc., thereby
minimizing the possibility of improperly preparing and transporting a
consignment of hazardous materials because of differences between
domestic and international regulations. Greenhouse gas emissions would
remain the same under this amendment.
    (3) Restrict the number of packages that may be offered under
current provisions for small cells and batteries to one package per
consignment or overpack.
    Restricting each consignment and overpack to one package will
provide human safety benefits to air cargo operators and the public by
addressing the fire hazards associated with shipping large quantities
of small lithium cells and batteries, which were previously being
consolidated in overpack pallets, in single unit load devices and in
single aircraft cargo compartments. Under this provision, air cargo
operators will be able to more

accurately control the number of batteries loaded on an aircraft and
thus prevent fires that could result in injuries and loss of life. The
number of consignments and paperwork for air operators and offerors
will increase with only one package allowed per consignment. However,
the additional amount of administrative work is expected to be small
and would be offset by the much greater savings in avoided and
mitigated incidents.
    In addition to human safety benefits, incident-related contaminated
debris entering the air, water (possible when aircraft make
transoceanic flights or a cargo's manifest involves a segment of
transportation aboard an ocean vessel), and soil media would be avoided
or mitigated and thus benefit the natural environment under this
provision. Additionally, fewer and mitigated incidents involving
lithium batteries will result in less contaminated debris to be
landfilled.
    PHMSA further concludes that the amendment, which will increase
standardization and consistency of regulations, will also result in
greater protection of human health and the environment. Consistency
between U.S. and international transportation requirements enhances the
safety and environmental protection of international hazardous
materials transportation through:
     Better understanding of the regulations;
     An increased level of industry awareness and hence,
compliance;
     The smooth flow of hazardous materials from their points
of origin to their points of destination; and
     Consistent emergency response in the event of a hazardous
materials incident.
    Enhanced environmental protection will also be achieved through
more targeted and effective training. This amendment will eliminate
inconsistent hazardous materials regulations, which hamper compliance
training efforts. For ease of compliance with appropriate regulations,
air carriers engaged in the transportation of hazardous materials
generally elect to comply with the ICAO Technical Instructions, as
appropriate. By maintaining consistency between these international
regulations and the HMR, shippers and carriers are able to train their
hazmat employees in a single set of requirements for classification,
packaging, hazard communication, handling, stowage, etc., thereby
minimizing the possibility of improperly preparing and transporting a
consignment of hazardous materials because of differences between
domestic and international regulations. Greenhouse gas emissions would
remain the same under this amendment.
    Alternative 1: No Action Alternative:
    Under the No Action Alternative, current regulations would remain
in place, and PHMSA would not add new provisions to the HMR. Not
adopting the environmental and safety requirements in the IFR under the
No Action Alternative would result in a lost opportunity for reducing
the number of and mitigating the damage from environmental and safety-
related incidents.
    Additionally, efficiencies gained through harmonization in updates
to transport standards would not be realized. Foregone efficiencies in
the No Action Alternative include freeing up limited resources to
concentrate on air transport hazard communication issues of potentially
much greater environmental impact. Greenhouse gas emissions would
remain the same under the No Action Alternative.
    Alternative 2: Partial Harmonization Alternative:
    Under the Partial Harmonization Alternative, PHMSA would adopt the
passenger aircraft prohibition provision, as well as the 30 percent
state of charge provision into the HMR. The Partial Harmonization
Alternative does not, however, include the consignment and overpack
provision. Improvements in human safety and reduction in potential for
environmental impacts from an incident under this alternative would
therefore lie somewhere between the No Action Alternative and those in
the IFR. Referring to the regulation portion of the probable
environmental impacts section above, the same increases in human safety
and reduction in potential for environment impacts from an incident
would occur for human safety and the environment as those discussed
under provisions (1) and (2). Similarly, as discussed under provisions
(1) and (2), PHMSA acknowledges that there are some safety and
environmental risks to allowing the transportation of lithium cells and
batteries for the purposes of medically necessary care, with the
approval of the Associate Administrator, on passenger aircraft and at a
state of charge greater than 30 percent, but that those risks are
outweighed by the benefits to those individuals needing the replacement
lithium cells and batteries for their medical devices. Those human
safety and environmental benefits discussed under provision (3) would
not be expected to occur.
    The main difference between the Partial Harmonization Alternative
and the regulation's environmental benefits is that the regulation will
allow for better control of fires and consequent deaths, injuries, and
environmental contamination through smaller, more controlled
consignments, whereas the Partial Harmonization Alternative will not
offer these protections.
4. Agencies Consulted
    PHMSA has coordinated with the FAA in the development of this
rulemaking.
5. Finding of No Significant Impact
    The requirements in this IFR reduce the likelihood of lithium
batteries causing or contributing to accidents on a cargo-only aircraft
and virtually eliminate the likelihood on passenger aircraft. This
rulemaking would reduce the possibility of an incident on passenger
aircraft by prohibiting the transportation of lithium ion batteries as
cargo on passenger flights. Secondly, reducing the charge of lithium
ion batteries has been shown to reduce the likelihood of thermal
runaway, thereby reducing the likelihood of a lithium battery fire on
aircraft. Finally, the restriction of a consignment or overpack to one
package is intended to ensure that consignments that currently meet the
letter of, but not the spirit of, the alternative hazard communication
provisions are shipped and labeled as Class 9 hazardous material.
    In response to the hazard posed by the transport of lithium ion
batteries by air, and recent developments in the international
community, these amendments are intended to promote environmental
protection, safety, international harmonization, and clarity. These
regulatory revisions will offer more efficient and effective ways of
achieving PHMSA's goal of safe and secure transportation, protecting
both people and the environment from hazardous materials in commerce.
    The IFR provides more protection to human health and the
environment than the ``No Action'' and ``Partial Harmonization''
Alternatives discussed above. The IFR thus comprises the most
environmentally preferable alternative. The provisions of this IFR
build on current regulatory requirements to enhance the transportation
safety and security of consignments of hazardous materials transported
by aircraft, thereby reducing the risks of an accidental or intentional
release of hazardous materials and consequent environmental damage.
PHMSA therefore believes that the net environmental impact will be
slightly positive. PHMSA finds that there are no significant
environmental impacts associated with this IFR.

K. Privacy Act

    Anyone may search the electronic form of 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.). The DOT posts
these comments, without edit, including any personal information the
commenter provides, to www.regulations.gov, as described in the system
of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.

L. Executive Order 13609 and International Trade Analysis

    Under Executive Order 13609, agencies must consider whether the
impacts associated with significant variations between domestic and
international regulatory approaches are unnecessary or may impair the
ability of American business to export and compete internationally. In
meeting shared challenges involving health, safety, labor, security,
environmental, and other issues, international regulatory cooperation
can identify approaches that are at least as protective as those that
are or would be adopted in the absence of such cooperation.
International regulatory cooperation can also reduce, eliminate, or
prevent unnecessary differences in regulatory requirements.
    Similarly, the Trade Agreements Act of 1979 (Pub. L. 96-39), as
amended by the Uruguay Round Agreements Act (Pub. L. 103-465),
prohibits Federal agencies from establishing any standards or engaging
in related activities that create unnecessary obstacles to the foreign
commerce of the United States. For purposes of these requirements,
Federal agencies may participate in the establishment of international
standards, so long as the standards have a legitimate domestic
objective, such as providing for safety, and do not operate to exclude
imports that meet this objective. The statute also requires
consideration of international standards and, where appropriate, that
they be the basis for U.S. standards.
    PHMSA participates in the establishment of international standards
in order to protect the safety of the American public, and we have
assessed the effects of the IFR to ensure that it does not cause
unnecessary obstacles to foreign trade. In this case, the IFR will
fully harmonize U.S. lithium battery provisions with the ICAO
international standards. Further, the DOT engaged the public by
highlighting the provisions of this IFR in a domestic public meeting
prior to their adoption. DOT also requested comments from stakeholders
on the effect of these provisions. Accordingly, this rulemaking is
consistent with Executive Order 13609 and PHMSA's obligations under the
Trade Agreement Act, as amended.

List of Subjects

49 CFR Part 172

    Education, Hazardous materials transportation, Hazardous waste,
Incorporation by reference, Labeling, Markings, Packaging and
containers, Reporting and recordkeeping requirements.

49 CFR Part 173

    Hazardous materials transportation, Incorporation by reference,
Packaging and containers, Radioactive materials, Reporting and
recordkeeping requirements, Uranium.

    In consideration of the foregoing, PHMSA amends 49 CFR chapter I as
follows:

PART 172--HAZARDOUS MATERIALS TABLE, SPECIAL PROVISIONS, HAZARDOUS
MATERIALS COMMUNICATIONS, EMERGENCY RESPONSE INFORMATION, TRAINING
REQUIREMENTS, AND SECURITY PLANS

0
1. The authority citation for part 172 continues to read as follows:

    Authority: 49 U.S.C. 5101-5128, 44701; 49 CFR 1.81, 1.97.

0
2. In Sec.  172.101, the Hazardous Materials Table is amended by
revising the entry for ``Lithium ion batteries including lithium ion
polymer batteries'' to read as follows:

Sec.  172.101  Purpose and use of the hazardous materials table.

* * * * *

------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                (8)                                (9)                       (10)
                   Hazardous                                                                         -------------------------------------------------------------------------------------------
                   materials       Hazard                                                Special          Packaging  (Sec.   173.* * *)       Quantity limitations  (see       Vessel stowage
   Symbols     descriptions and   class or    Identification       PG       Label      provisions    --------------------------------------     Sec.  Sec.   173.27 and    ---------------------
                proper shipping                    No.                      codes   (Sec.   172.102)                                       -------------175.75)------------
                     names        division                                                               Exceptions     Non-bulk    Bulk       Passenger    Cargo aircraft   Location     Other
                                                                                aircraft/ rail       only
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
(1)           (2)...............       (3)  (4)..............  (5)......       (6)  (7).............  (8A)...........  (8B).....  (8C)....  (9A)..........  (9B)..........  (10A).....  (10B)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

                                                                                * * * * * * *
              Lithium ion                9  UN3480...........  .........         9  422, A54, A100..  185............  185......  185.....  Forbidden.....  35 kg.........  A.........  ........
               batteries
               including lithium
               ion polymer
               batteries.

                                                                                * * * * * * *
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

0
3. In Sec.  172.102, in paragraph (c)(2), revise special provision A51
and add special provision A100 in appropriate alphanumerical order to
read as follows:

Sec.  172.102  Special Provisions.

* * * * *
    (c) * * *
    (2) * * *
    A51 For aircraft batteries, irrespective of the quantity
limitations specified in Column (9A) of the Sec.  172.101 Table or
Sec.  175.75(c), wet cell batteries, UN2794 or UN2795, up to a limit of
100 kg net mass per package may be transported aboard passenger
aircraft. Transport in accordance with this special provision must be
noted on the shipping paper.
* * * * *
    A100 Lithium ion cells and batteries must be offered for transport
at a state of charge not exceeding 30 percent of their rated capacity.
Lithium ion cells and batteries at a state of charge greater than 30
percent of their rated capacity

may only be transported under conditions approved by the Associate
Administrator in accordance with the requirements in 49 CFR part 107,
subpart H. Guidance and methodology for determining the rated capacity
can be found in sub-section <IP_ADDRESS> of the UN Manual of Tests and
Criteria (IBR, see Sec.  171.7 of this subchapter).
* * * * *

PART 173--SHIPPERS--GENERAL REQUIREMENTS FOR SHIPMENTS AND
PACKAGINGS

0
4. The authority citation for part 173 continues to read as follows:

    Authority: 49 U.S.C. 5101-5128, 44701; 49 CFR 1.81, 1.97.

0
5. In Sec.  173.185:
0
a. Revise the introductory text and paragraphs (c)(1)(iii) and
(c)(4)(ii) through (vi);
0
b. Add paragraphs (c)(4)(vii) and (c)(5);
0
c. Redesignate paragraph (g) as paragraph (h); and
0
d. Add new paragraph (g).
    The revisions and additions read as follows:

Sec.  173.185  Lithium cells and batteries.

    As used in this section, consignment means one or more packages of
hazardous materials accepted by an operator from one shipper at one
time and at one address, receipted for in one lot and moving to one
consignee at one destination address. Equipment means the device or
apparatus for which the lithium cells or batteries will provide
electrical power for its operation. Lithium cell(s) or battery(ies)
includes both lithium metal and lithium ion chemistries. Medical device
means an instrument, apparatus, implement, machine, contrivance,
implant, or in vitro reagent, including any component, part, or
accessory thereof, which is intended for use in the diagnosis of
disease or other conditions, or in the cure, mitigation, treatment, or
prevention of disease, of a person.
* * * * *
    (c) * * *
    (1) * * *
    (iii) Except when lithium cells or batteries are packed with or
contained in equipment in quantities not exceeding 5 kg net weight, the
outer package that contains lithium cells or batteries must be
appropriately marked: ``PRIMARY LITHIUM BATTERIES--FORBIDDEN FOR
TRANSPORT ABOARD PASSENGER AIRCRAFT'', ``LITHIUM METAL BATTERIES--
FORBIDDEN FOR TRANSPORT ABOARD PASSENGER AIRCRAFT'', ``LITHIUM ION
BATTERIES--FORBIDDEN FOR TRANSPORT ABOARD PASSENGER AIRCRAFT'' or
labeled with a ``CARGO AIRCRAFT ONLY'' label specified in Sec.  172.448
of this subchapter.
* * * * *
    (4) * * *
    (ii) Not more than one package prepared in accordance with this
paragraph (c)(4) may be placed into an overpack. When a package
displays the ``CARGO AIRCRAFT ONLY'' label, the paragraph (c)(1)(iii)
mark, or the paragraph (c)(3)(i) lithium battery mark and is placed in
an overpack, the appropriate label or mark must either be clearly
visible through the overpack, or the label or mark must also be affixed
on the outside of the overpack, and the overpack must be marked with
the word ``OVERPACK''.
    (iii) A shipper is not permitted to offer for transport more than
one package prepared in accordance with the provisions of this
paragraph in any single consignment.
    (iv) Each shipment with packages required to display the paragraph
(c)(3)(i) lithium battery mark must include an indication on the air
waybill of compliance with this paragraph (c)(4) (or the applicable
ICAO Technical Instructions Packing Instruction), when an air waybill
is used.
    (v) Packages and overpacks of lithium batteries prepared in
accordance with this paragraph (c)(4) must be offered to the operator
separately from cargo which is not subject to the requirements of this
subchapter and must not be loaded into a unit load device before being
offered to the operator.
    (vi) For lithium batteries packed with, or contained in, equipment,
the number of batteries in each package is limited to the minimum
number required to power the piece of equipment, plus two spares, and
the total net quantity (mass) of the lithium cells or batteries in the
completed package must not exceed 5 kg.
    (vii) Each person who prepares a package for transport containing
lithium cells or batteries, including cells or batteries packed with,
or contained in, equipment in accordance with the conditions and
limitations of this paragraph (c)(4), must receive instruction on these
conditions and limitations, corresponding to their functions.
    (5) For transportation by aircraft, a package that exceeds the
number or quantity (mass) limits in the table shown in paragraph
(c)(4)(i) of this section, the overpack limit described in paragraph
(c)(4)(ii) of this section, or the consignment limit described in
paragraph (c)(4)(iii) of this section is subject to all applicable
requirements of this subchapter, except that a package containing no
more than 2.5 kg lithium metal cells or batteries or 10 kg lithium ion
cells or batteries is not subject to the UN performance packaging
requirements in paragraph (b)(3)(ii) of this section when the package
displays both the lithium battery mark in paragraph (c)(3)(i) and the
Class 9 label. This paragraph does not apply to batteries or cells
packed with or contained in equipment.
* * * * *
    (g) Limited exceptions to restrictions on air transportation of
medical device batteries. Irrespective of the quantity limitations
described in column 9A of the Sec.  172.101 Hazardous Materials Table
of this subchapter, up to two replacement lithium cells or batteries
specifically used for a medical device as defined in this section may
be transported as cargo on a passenger aircraft. Packages containing
these cells or batteries are not subject to the marking requirement in
paragraph (c)(1)(iii) of this section or the ``CARGO AIRCRAFT ONLY''
label required by Sec.  172.402(c) of this subchapter and may be
transported as cargo on a passenger aircraft when approved by the
Associate Administrator and provided the following conditions are met:
    (1) The intended destination of the cells or batteries is not
serviced daily by cargo aircraft if a cell or battery is required for
medically necessary care; and
    (2) Lithium ion cells or batteries for medical devices are excepted
from the state of charge limitations in Sec.  172.102, special
provision A100, of this subchapter, provided each cell or battery is:
    (i) Individually packed in an inner packaging that completely
encloses the cell or battery;
    (ii) Placed in a rigid outer packaging; and
    (iii) Protected to prevent short circuits.
* * * * *

    Issued in Washington, DC on February 27, 2019, under authority
delegated in 49 CFR part 1.97.
Howard R. Elliott,
Administrator, Pipeline and Hazardous Materials Safety Administration.
[FR Doc. 2019-03812 Filed 3-5-19; 8:45 am]
BILLING CODE 4910-60-P


[Federal Register: July 31, 2007 (Volume 72, Number 146)]
[Notices]
[Page 41739-41740]
[DOCID:fr31jy07-73]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[ Project No. P-12492-001]

Ha-Best Inc.; Notice of Application Tendered for Filing With the
Commission and Establishing Procedural Schedule for Licensing and
Deadline for Submission of Final Amendments

July 24, 2007.
    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection.
    a. Type of Application: Original Minor License.
    b. Project No.: P-12492-001.
    c. Date Filed: July 3, 2007.
    d. Applicant: Ha-Best Inc.
    e. Name of Project: Miner Shoal Waterpower Project.
    f. Location: The proposed project is located on the Soque River,
near the Town of Demorest, Habersham County, Georgia. The proposed
project does not occupy federal lands.
    g. Filed Pursuant to: Federal Power Act 16 U.S.C. 791(a)-825(r).
    h. Applicant Contact: Don Ferguson, 34 West Jarrard Street,
Cleveland, GA 30528; Telephone<PHONE_NUMBER>.
    i. FERC Contact: Janet Hutzel, Telephone<PHONE_NUMBER>, or by e-
mail at<EMAIL_ADDRESS>    j. Cooperating agencies: We are asking Federal, state, local, and
tribal agencies with jurisdiction and/or special expertise with respect
to environmental issues to cooperate with us in the preparation of the
environmental document. Agencies who would like to request cooperating
status should follow the instructions for filing comments described in
item l below. Cooperating agencies should note the Commission's policy
that agencies that cooperate in the preparation of the environmental
document cannot also intervene. See, 94 FERC 61,076 (2001).
    k. Pursuant to Section 4.32(b)(7) of 18 CFR of the Commission's
regulations, if any resource agency, Indian Tribe, or person believes
that an additional scientific study should be conducted in order to
form an adequate factual basis for a complete analysis of the
application on its merit, the resource agency, Indian Tribe, or person
must file a request for a study with the Commission not later than 60
days from the date of filing of the application, and serve a copy of
the request on the applicant.
    l. Deadline for filing additional study requests and requests for
cooperating agency status: September 1, 2007.
    All documents (original and eight copies) should be filed with:
Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888
First Street, NE., Washington, DC 20426.
    Additional study requests and requests for cooperating agency
status may be filed electronically via the Internet in lieu of paper.
The Commission strongly encourages electronic filings. See 18 CFR
385.2001(a)(1)(iii) and the instructions on the Commission's Web site
(http://www.ferc.gov) under the ``e-Filing'' link.

    m. The application is not ready for environmental analysis at this
time.
    n. Project Description: The proposed Minor Shoal Project would
consist of the following: (1) An existing 30-foot-high, 540-foot-long
dam; (2) an existing reservoir with a normal water with a surface area
of 265 acres and a storage capacity of 1,960 acre-feet; (3) an existing
92-foot-long, 7-foot-diameter steel penstock; (4) two existing
powerhouses containing a total of three turbines with a total installed
capacity of 1,400 kilowatts; and (5) appurtenant facilities. The
project would have an annual generation of 4.943 megawatt-hours.
    o. Locations of the Application: A copy of the application is
available for review at the Commission in the Public Reference Room or
may be viewed on the Commission's Web site at http://www.ferc.gov using

the ``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. For
assistance, contact FERC Online Support at<EMAIL_ADDRESS>or toll-free at<PHONE_NUMBER>, or for TTY,<PHONE_NUMBER>. A copy is
also available for inspection and reproduction at the address in item
(h) above.
    You may also register online at http://www.ferc.gov/esubscribenow.htm
 to be notified via e-mail of new filings

and issuances related to this or other pending projects. For
assistance, contact FERC Online Support.
    p. With this notice, we are initiating consultation with the
Georgia State Historic Preservation Officer, as required by Sec.  106,
National Historic Preservation Act, and the regulations of the Advisory
Council on Historic Preservation, 36 CFR 800.4.
    q. Procedural Schedule: At this time we do not anticipate the need
for preparing a draft environmental assessment (EA). Recipients will
have 30 days to provide the Commission with any written comments on the
EA. All comments filed with the Commission will be considered in the
Order taking final action on the license application. However, should
substantive comments requiring re-analysis be received on the EA
document, we would consider preparing a subsequent EA document. The
application will be processed according to the following Hydro
Licensing Schedule. Revisions to the schedule will be made as
appropriate.

------------------------------------------------------------------------
               Milestone                           Target date
------------------------------------------------------------------------
Issue Acceptance or Deficiency Letter..  October 2007.
Request Additional Information.........  October 2007.
Issue Scoping Document 1 for Comments..  February 2008.
Issue Scoping Document 2 (if necessary)  April 2008.
Notice that application is ready for     April 2008.
 environmental analysis.
Notice of the Availability of the EA...  December 2008.
------------------------------------------------------------------------

    r. Final amendments to the application must be filed with the
Commission no later than 30 days from the issuance date of the notice
ready for environmental analysis.

Kimberly D. Bose,
Secretary.
 [FR Doc. E7-14759 Filed 7-30-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 85, Number 30 (Thursday, February 13, 2020)]
[Notices]
[Pages 8297-8298]
[FR Doc No: 2020-02867]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2020-D-0064]

Pre-Submission Consultation Process for Animal Food Additive
Petitions or Generally Recognized as Safe Notices; Draft Guidance for
Industry; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of availability.

-----------------------------------------------------------------------

SUMMARY: The Food and Drug Administration (FDA, we, or Agency) is
announcing the availability of a draft guidance for industry (GFI) #262
entitled ``Pre-Submission Consultation Process for Animal Food Additive
Petitions or Generally Recognized as Safe (GRAS) Notices.'' This draft
guidance document, when finalized, will help industry submit
information for effective and efficient consultations with FDA
regarding investigational animal food substances.

DATES: Submit either electronic or written comments on the draft
guidance by April 13, 2020 to ensure that the Agency considers your
comment on this draft guidance before it begins work on the final
version of the guidance.

ADDRESSES: You may submit comments on any guidance at any time as
follows:

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to https://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or confidential business information,
such as a manufacturing process. Please note that if you include your
name, contact information, or other information that identifies you in
the body of your comments, that information will be posted on https://www.regulations.gov.
     If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand Delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2020-D-0064 for ``Pre-Submission Consultation Process for Animal
Food Additive Petitions or Generally Recognized as Safe (GRAS)
Notices.'' Received comments will be placed in the docket and, except
for those submitted as ``Confidential Submissions,'' publicly viewable
at https://www.regulations.gov or at the Dockets Management Staff
between 9 a.m. and 4 p.m., Monday through Friday.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your

comments only as a written/paper submission. You should submit two
copies total. One copy will include the information you claim to be
confidential with a heading or cover note that states ``THIS DOCUMENT
CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will review this copy,
including the claimed confidential information, in its consideration of
comments. The second copy, which will have the claimed confidential
information redacted/blacked out, will be available for public viewing
and posted on https://www.regulations.gov. Submit both copies to the
Dockets Management Staff. If you do not wish your name and contact
information to be made publicly available, you can provide this
information on the cover sheet and not in the body of your comments and
you must identify this information as ``confidential.'' Any information
marked as ``confidential'' will not be disclosed except in accordance
with 21 CFR 10.20 and other applicable disclosure law. For more
information about FDA's posting of comments to public dockets, see 80
FR 56469, September 18, 2015, or access the information at: https://www.govinfo.gov/content/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852.
    You may submit comments on any guidance at any time (see 21 CFR
10.115(g)(5)).
    Submit written requests for single copies of the guidance to the
Policy and Regulations Staff (HFV-6), Center for Veterinary Medicine,
Food and Drug Administration, 7500 Standish Pl., Rockville, MD 20855.
Send one self-addressed adhesive label to assist that office in
processing your requests. See the SUPPLEMENTARY INFORMATION section for
electronic access to the draft guidance document.

FOR FURTHER INFORMATION CONTACT: Ciro Ruiz-Feria, Center for Veterinary
Medicine (HFV-229), Food and Drug Administration, 7519 Standish Pl.,
Rockville, MD 20855,<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    FDA is announcing the availability of a draft GFI #262 entitled
``Pre-Submission Consultation Process for Animal Food Additive
Petitions or Generally Recognized as Safe (GRAS) Notices.'' This draft
guidance document, when finalized, will facilitate pre-submission
consultation between FDA and industry by providing recommendations for
submissions to investigational food additive (IFA) files, circumstances
under which the submission of study protocols is recommended,
information on FDA's review process for IFA submissions, and best
practices for communication between FDA and industry regarding these
submissions or related issues. Such consultations are intended to
assist industry in complying with applicable requirements if they
proceed to filing a food additive petition (animal use) or concluding
that a substance is GRAS for its intended use in animal food.
    Development of this guidance is a requirement of the Animal Drug
and Animal Generic Drug User Fee Amendments of 2018 (Pub. L. 115-234).
Draft guidance is required to be issued by February 14, 2020, with
final guidance issuing not later than 1 year after the close of the
comment period on the draft guidance.

II. Significance of Guidance

    This level 1 draft guidance is being issued consistent with FDA's
good guidance practices regulation (21 CFR 10.115). The draft guidance,
when finalized, will represent the current thinking of FDA on the pre-
submission consultation process for animal food additive petitions or
GRAS notices for intended use in animal food. It does not establish any
rights for any person and is not binding on FDA or the public. You can
use an alternative approach if it satisfies the requirements of the
applicable statutes and regulations.

III. Paperwork Reduction Act of 1995

    This draft guidance refers to previously approved FDA collections
of information. These collections of information are subject to review
by the Office of Management and Budget (OMB) under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501-3521). The collections of
information in 21 CFR 570.17 and 571.1 have been approved under OMB
control number 0910-0546; the collections of information under 21 CFR
part 570, subpart E have been approved under OMB control number 0910-
0342; and the collections of information under 21 CFR part 58 have been
approved under OMB control number 0910-0119.

IV. Electronic Access

    Persons with access to the internet may obtain the draft guidance
at either https://www.fda.gov/AnimalVeterinary/GuidanceComplianceEnforcement/GuidanceforIndustry/default.htm or
https://www.regulations.gov.

    Dated: February 6, 2020.
Lowell J. Schiller,
Principal Associate Commissioner for Policy.
[FR Doc. 2020-02867 Filed 2-12-20; 8:45 am]
 BILLING CODE 4164-01-P


[Federal Register Volume 87, Number 129 (Thursday, July 7, 2022)]
[Notices]
[Pages 40581-40582]
[FR Doc No: 2022-14507]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2022-0137]

Entry-Level Driver Training: National Ground Water Association;
Application for Exemption

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of application for exemption; request for comments.

-----------------------------------------------------------------------

SUMMARY: FMCSA announces that it has received an application for
exemption from the National Ground Water Association (NGWA) from the
entry level driver training (ELDT) regulations ``for individuals
operating class B ground water well drilling rigs.'' FMCSA requests
public comment on the applicant's request for exemption.

DATES: Comments must be received on or before August 22, 2022.

ADDRESSES: You may submit comments identified by Federal Docket
Management System (FDMS) Number FMCSA-2022-0137 by any of the following
methods:
     Federal eRulemaking Portal: www.regulations.gov. See the
Public Participation and Request for Comments section below for further
information.
     Mail: Dockets Operations, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building, Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE, between 9 a.m. and 5 p.m.
E.T., Monday through Friday, except Federal holidays.
     Fax:<PHONE_NUMBER>.
    Each submission must include the Agency name and the docket number
(FMCSA-2022-0137) for this notice. Note that DOT posts all comments
received without change to www.regulations.gov, including any personal
information included in a comment. Please see the Privacy Act heading
below.
    Docket: For access to the docket to read background documents or
comments, go to www.regulations.gov at any time or visit Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue SE,
Washington, DC, between 9 a.m. and 5 p.m., ET, Monday through Friday,
except Federal holidays. To be sure someone is there to help you,
please call<PHONE_NUMBER> or<PHONE_NUMBER> before visiting Dockets
Operations.
    Privacy Act: In accordance with 49 U.S.C. 31315(b), DOT solicits
comments from the public to better inform its exemption process. DOT
posts these comments, without edit, including any personal information
the commenter provides, to www.regulations.gov, as described in the
system of records notice DOT/ALL 14-FDMS, which can be reviewed at
https://www.transportation.gov/privacy.

FOR FURTHER INFORMATION CONTACT: Mr. Richard Clemente, Driver and
Carrier Operations Division; Office of Carrier, Driver and Vehicle
Safety Standards, FMCSA, at<PHONE_NUMBER> or by email at
[email protected]. If you have questions on viewing or submitting material
to the docket, contact Dockets Operations at<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Public Participation and Request for Comments

    FMCSA encourages you to participate by submitting comments and
related materials.

Submitting Comments

    If you submit a comment, please include the docket number for this
notice (FMCSA-2022-0137), indicate the specific section of this
document to which the comment applies, and provide a reason for
suggestions or recommendations. You may submit your comments and
material online or by fax, mail, or hand delivery, but please use only
one of these means. FMCSA recommends that you include your name and a
mailing address, an email address, or a phone number in the body of
your document so the Agency can contact you if it has questions
regarding your submission.
    To submit your comment online, go to www.regulations.gov and put
the docket number (``FMCSA-2022-0137'') in the ``Keyword'' box, and
click ``Search.'' When the new screen appears, click on the ``Comment
Now!'' button and type your comment into the text box in the following
screen. Choose whether you are submitting your comment as an individual
or on behalf of a third party and then submit. If you submit your
comments by mail or hand delivery, submit them in an unbound format, no
larger than 8\1/2\ by 11 inches, suitable for copying and electronic
filing. If you submit comments by mail and would like to know that they
reached the facility, please enclose a stamped, self-addressed postcard
or envelope. FMCSA will consider all comments and material received
during the comment period.

II. Legal Basis

    FMCSA has authority under 49 U.S.C. 31136(e) and 31315(b) to grant
exemptions from Federal Motor Carrier Safety Regulations (FMCSRs).
FMCSA must publish a notice of each exemption request in the Federal
Register (49 CFR 381.315(a)). The Agency must provide the public an
opportunity to inspect the information relevant to the application,
including any safety analyses that have been conducted. The Agency must
provide an opportunity for public comment on the request.
    The Agency reviews safety analyses and public comments submitted
and determines whether granting the exemption would likely achieve a
level of safety equivalent to, or greater than, the level that would be
achieved by the current regulation (49 CFR 381.305). The Agency must
publish its decision in the Federal Register (49 CFR 381.315(b)) with
the reasons for denying or granting the application and, if granted,
the name of the person or class of persons receiving the exemption and
the regulatory provision from which the exemption is granted. The
notice must specify the effective period and explain the terms and
conditions of the exemption. The exemption may be renewed (49 CFR
381.300(b)).

III. Applicant's Request

    NGWA seeks an exemption from the ELDT regulations ``for individuals
operating class B ground water well drilling rigs.'' NGWA states that
it is the country's largest professional trade association representing
water well contractors, groundwater scientists, and manufacturers and
suppliers of groundwater technology. According to NGWA, the exemption
``could save hundreds of hours each year for water well contractors.''
    A copy of NGWA's application for exemption is available for review
in the docket for this notice.

IV. Request for Comments

    In accordance with 49 U.S.C. 31315(b), FMCSA requests public
comment from all interested persons on NGWA's application for an
exemption. All comments received before the close of business on the
comment closing date indicated at the beginning of this notice will be
considered and will be available

for examination in the docket at the location listed under the
Addresses section of this notice. Comments received after the comment
closing date will be filed in the public docket and will be considered
to the extent practicable. In addition to late comments, FMCSA will
also continue to file, in the public docket, relevant information that
becomes available after the comment closing date. Interested persons
should continue to examine the public docket for new material.

Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2022-14507 Filed 7-6-22; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register: December 17, 2007 (Volume 72, Number 241)]
[Rules and Regulations]
[Page 71218-71220]
[DOCID:fr17de07-9]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-28924; Directorate Identifier 2007-NM-051-AD;
Amendment 39-15305; AD 2007-26-03]
RIN 2120-AA64

Airworthiness Directives; Boeing Model 747-200C and -200F Series
Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Boeing Model 747-200C and -200F series airplanes. This AD
requires, among other actions, installing mounting brackets, support
angles, and moisture curtains in the main equipment center. This AD
results from reports of water contamination in the electrical/
electronic units in the main equipment center. We are issuing this AD
to prevent water contamination of the electrical/electronic units,
which could cause the electrical/electronic units to malfunction, and
as a consequence, could adversely affect the airplane's continued safe
flight.

DATES: This AD becomes effective January 22, 2008.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in the AD as of January 22,
2008.

ADDRESSES: For service information identified in this AD, contact
Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124-
2207.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov
; or in person at the Docket Management Facility

between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this AD, the regulatory evaluation,
any comments received, and other information. The address for the
Docket Office (telephone<PHONE_NUMBER>) is the Document Management
Facility, U.S. Department of Transportation, Docket Operations, M-30,
West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Marcia Smith, Aerospace Engineer,
Cabin Safety and Environmental Systems Branch, ANM-150S, FAA, Seattle
Aircraft Certification Office, 1601 Lind Avenue, SW., Renton,
Washington 98057-3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to include an AD that would

apply to certain Boeing Model 747-200C and -200F series airplanes. That
NPRM was published in the Federal Register on August 16, 2007 (72 FR
45954). That NPRM proposed to require, among other actions, installing
mounting brackets, support angles, and moisture curtains in the main
equipment center.

Comments

    We provided the public the opportunity to participate in the
development of this AD. We have considered the comment received.

Request To Refer to Earlier Revision of a Referenced Service Bulletin

    Boeing requests that paragraph (g) of the NPRM be revised to
include Boeing Alert Service Bulletin 747-38A2073, Revision 1, dated
June 21, 1990; and Revision 2, dated April 26, 2001; as additional
sources of service information for accomplishing the prior or
concurrent requirements. Boeing states that this will align the NPRM
with Boeing Alert Service Bulletin 747-38A2073, Revision 3, dated May
22, 2003 (referred to in the NPRM as an appropriate source of service
information for accomplishing the prior or concurrent requirements).
    We partially agree. We agree with Boeing that accomplishing the
actions specified in Revisions 1 and 2 of Boeing Alert Service Bulletin
747-38A2073 is acceptable for compliance with the corresponding actions
required by paragraph (g) of this AD. However, we do not agree that a
change to the final rule is necessary. As mentioned in the Relevant
Service Information section of the NPRM, AD 2001-24-30, amendment 39-
12547 (66 FR 64104, December 12, 2001), requires installing drip
shields in accordance with Boeing Alert Service Bulletin 747-38A-2073,
Revision 2; or in accordance with Revision 1 or Original Release, dated
November 30, 1989, if done before the effective date of that AD. In
addition, paragraph (h) of this AD states, ``Installation of drip
shields before the effective date of this AD in accordance with
paragraph (a) and Note 2 of AD 2001-24-30, amendment 39-12547, is
acceptable for compliance with the corresponding actions in paragraph
(g) of this AD.'' We have made no change to the final rule in this
regard.

Conclusion

    We have carefully reviewed the available data, including the
comment received, and determined that air safety and the public
interest require adopting the AD as proposed.

Interim Action

    This is considered to be interim action. The manufacturer has
advised that it currently is developing another modification that will
address the unsafe condition identified in this AD. Once this
modification is developed, approved, and available, the FAA might
consider additional rulemaking.

Costs of Compliance

    There are about 79 airplanes of the affected design in the
worldwide fleet. The following table provides the estimated costs for
U.S. operators to comply with this AD.

                                                                     Estimated Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Number of U.S.-
                         Action                             Work hours     Average labor       Parts         Cost per       registered      Fleet cost
                                                                           rate per hour                     airplane        airplanes
--------------------------------------------------------------------------------------------------------------------------------------------------------
Installation............................................               3             $80          $8,960          $9,200              25        $230,000
Prior or concurrent requirements of AD 2001-24-30.......              32              80           4,497           7,057              25         176,425
--------------------------------------------------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, Section 106, describes the
authority of the FAA Administrator. Subtitle VII, Aviation Programs,
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701, ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.

Regulatory Findings

    We have determined that this AD will not have federalism
implications under Executive Order 13132. This AD will not have a
substantial direct effect on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866;
    (2) Is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979); and
    (3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to
comply with this AD and placed it in the AD docket. See the ADDRESSES
section for a location to examine the regulatory evaluation.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

0
2. The Federal Aviation Administration (FAA) amends Sec.  39.13 by
adding the following new airworthiness directive (AD):

2007-26-03 Boeing: Amendment 39-15305. Docket No. FAA-2007-28924;
Directorate Identifier 2007-NM-051-AD.

Effective Date

    (a) This AD becomes effective January 22, 2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Boeing Model 747-200C and -200F series
airplanes, certificated in any category; as identified in Boeing
Alert Service Bulletin 747-25A3430, dated February 15, 2007.

Unsafe Condition

    (d) This AD results from reports of water contamination in the
electrical/electronic units in the main equipment center. We are
issuing this AD to prevent water contamination of the electrical/
electronic units, which could cause the electrical/electronic units
to malfunction, and as a consequence, could adversely affect the
airplane's continued safe flight.

Compliance

    (e) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.

Installations

    (f) Within 24 months after the effective date of this AD,
install mounting brackets, support angles, and moisture curtains in
the main equipment center, in accordance with the Accomplishment
Instructions of Boeing Alert Service Bulletin 747-25A3430, dated
February 15, 2007.

Prior or Concurrent Requirements

    (g) For airplanes identified as Group 1 and Group 3 airplanes in
Boeing Alert Service Bulletin 747-25A3430, dated February 15, 2007:
Prior to or concurrently with the requirements of paragraph (f) of
this AD, install drip shields (including a drip pan assembly, drain
tubing, and attaching hardware) over the forward, outboard halves of
the E1-1 and E3-1 shelves in the main equipment bay, in accordance
with the Accomplishment Instructions of Boeing Alert Service
Bulletin 747-38A2073, Revision 3, dated May 22, 2003.
    (h) Installation of drip shields before the effective date of
this AD in accordance with paragraph (a) and Note 2 of AD 2001-24-
30, amendment 39-12547, is acceptable for compliance with the
corresponding actions specified in paragraph (g) of this AD.

Alternative Methods of Compliance (AMOCs)

    (i)(1) The Manager, Seattle Aircraft Certification Office, FAA,
has the authority to approve AMOCs for this AD, if requested in
accordance with the procedures found in 14 CFR 39.19.
    (2) To request a different method of compliance or a different
compliance time for this AD, follow the procedures in 14 CFR 39.19.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your appropriate principal inspector (PI) in the FAA
Flight Standards District Office (FSDO), or lacking a PI, your local
FSDO.

Material Incorporated by Reference

    (j) You must use the service bulletins identified in Table 1 of
this AD to perform the actions that are required by this AD, unless
the AD specifies otherwise. The Director of the Federal Register
approved the incorporation by reference of these documents in
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Contact Boeing
Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124-2207,
for a copy of this service information. You may review copies at the
FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington; or at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html
.

                                  Table 1.--Material Incorporated by Reference
----------------------------------------------------------------------------------------------------------------
           Service Bulletin                        Revision level                            Date
----------------------------------------------------------------------------------------------------------------
Boeing Alert Service Bulletin 747-      Original...........................  February 15, 2007.
 25A3430.
Boeing Alert Service Bulletin 747-      3..................................  May 22, 2003.
 38A2073.
----------------------------------------------------------------------------------------------------------------

    Issued in Renton, Washington, on December 10, 2007.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E7-24340 Filed 12-14-07; 8:45 am]

BILLING CODE 4910-13-P


                     U.S. ENVIRONMENTAL PROTECTION AGENCY                        Quality Assurance Reporting Form                 for Use by Recipients of Assistance Agreements Recipient Organization:  Name: Address:

EPA Award Number:

Project/Program Period(starting and ending dates, mm/dd/yyyy):

Activity Group:  (check all that apply)

□ Infrastructure Development □ Data Exchange, Analysis and Integration

□ Planning, Mentoring, and Training □ Challenge                                      Goal                                      Task                                     Output                                     Outcome                           Quality Assurance Measures

Instructions:     - Please submit electronically to your EPA Regional Project Officer within 90 days of award.                            - For Quality Assurance Measures, please refer to most recent Solicitation Notice for Quality Assurance Guidelines.                            - For Goals, please refer to goals outlined in your assistance agreement work plan. Paperwork Reduction Act (PRA) Burden Statement:  The public reporting and recordkeeping burden for this collection of information is estimated to average 42 minutes per response.  Send comments on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including through the use of automated collection techniques to the Director, Regulatory Support Division, U.S. Environmental Protection Agency (2823T), 1200 Pennsylvania Ave., NW, Washington, D.C. 20460.  Include the OMB control number in any correspondence.  Do not send the completed form to this address.