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Hazardous Materials Submitted in Duplicate 87510 Federal Register / Vol. 81, No. 233 / Monday, December 5, 2016 / Proposed Rules 40 CFR Part 160 for passengers and crew members. In Avenue SE., 2nd Floor, Washington, DC Environmental protection, addition to harmonization with 20590–0001. international standards, several of the Laboratories, Pesticides and pests, SUPPLEMENTARY INFORMATION: Reporting and recordkeeping proposals in this rule are responsive to requirements. petitions for rulemaking submitted by Table of Contents the regulated community. PHMSA 40 CFR Part 165 invites all interested persons to provide I. Background II. Overview of Proposals in This NPRM Environmental protection, Packaging comments regarding these proposed revisions. A. Transportation by Air Intermediate and containers, Pesticides and pests. Packaging Requirements for Certain Low DATES: Comments must be received by 40 CFR Part 168 and Medium Danger Hazardous February 3, 2017. Materials (P–1637) Environmental protection, ADDRESSES: You may submit comments B. Quantity Limits for Portable Electronic Administrative practice and procedure, by any of the following methods: Medical Devices Carried by Passengers, Advertising, Exports, Labeling, • Federal Rulemaking Portal: http:// Crewmembers, and Air Operators Pesticides and pests, Reporting and www.regulations.gov. Follow the online (P–1649) recordkeeping requirements. instructions for submitting comments. C. NOTOC Harmonization With the ICAO • 40 CFR Part 170 Fax: 1–202–493–2251. TI (P–1487) • Mail: Docket Management System; D. Amendments to Package Inspection Environmental protection, U.S. Department of Transportation, (P–1671) and Securing Requirements Agricultural worker, Employer, Farms, Dockets Operations, M–30, Ground III. Section-by-Section Review Forests, Greenhouses, Nurseries, Floor, Room W12–140, 1200 New Jersey IV. Regulatory Analyses and Notices Pesticide handler, Pesticides, Worker Avenue SE., Washington, DC 20590– A. Statutory/Legal Authority for This protection standard. 0001. Rulemaking • 40 CFR Part 172 Hand Delivery: To U.S. Department B. Executive Order 12866, Executive Order of Transportation, Dockets Operations, 13563, and DOT Regulatory Policies and Environmental protection, M–30, Ground Floor, Room W12–140, Procedures Intergovernmental relations, Labeling, 1200 New Jersey Avenue SE., C. Executive Order 13132 Pesticides and pests, Reporting and Washington, DC 20590–0001 between 9 D. Executive Order 13175 recordkeeping requirements, Research. a.m. and 5 p.m. Monday through Friday, E. Regulatory Flexibility Act, Executive Dated: November 28, 2016. except Federal holidays. Order 13272, and DOT Policies and Richard P. Keigwin, Jr., Instructions: Include the agency name Procedures Director, Office of Pesticide Programs. and Docket Number PHMSA–2015– F. Paperwork Reduction Act 0100 (HM–259) or RIN 2137–AF10 for G. Regulation Identifier Number (RIN) [FR Doc. 2016–29113 Filed 12–2–16; 8:45 am] this rulemaking at the beginning of your H. Unfunded Mandates Reform Act BILLING CODE 6560–50–P comment. Note that all comments I. Environment Assessment received will be posted without change J. Privacy Act to http://www.regulations.gov including K. Executive Order 13609 and International DEPARTMENT OF TRANSPORTATION any personal information provided. If Trade Analysis sent by mail, comments must be L. National Technology Transfer and Pipeline and Hazardous Materials submitted in duplicate. Persons wishing Advancement Act V. List of Subjects and Safety Administration to receive confirmation of receipt of Regulations Text their comments must include a self- 49 CFR Parts 172 and 175 I. Background addressed, stamped postcard. [Docket No. PHMSA–2015–0100 (HM–259)] Privacy Act: Anyone is able to search In consultation with the Federal the electronic form of any written Aviation Administration (FAA), RIN 2137–AF10 communications and comments PHMSA (also ‘‘we’’ or ‘‘us’’) proposes to received into any of our dockets by the Hazardous Materials: Notification of amend the Hazardous Materials name of the individual submitting the the Pilot-in-Command and Response Regulations (HMR; 49 CFR parts 171– document (or signing the document, if to Air Related Petitions for Rulemaking 180) to more closely align with certain submitted on behalf of an association, (RRR) provisions of the International Civil business, labor union, etc.). You may Aviation Organization’s Technical AGENCY: Pipeline and Hazardous review DOT’s complete Privacy Act Instructions for the Safe Transport of Statement in the Federal Register Materials Safety Administration Dangerous Goods (ICAO TI). This NPRM published on April 11, 2000 [65 FR (PHMSA), DOT. also responds to four petitions for 19477], or you may visit http:// ACTION: Notice of proposed rulemaking rulemaking submitted by the regulated (NPRM). www.regulations.gov. Docket: You may view the public community. The intended effect of these amendments is to update miscellaneous SUMMARY: In consultation with the docket online at http:// Federal Aviation Administration (FAA), www.regulations.gov or in person at the regulatory requirements for hazardous PHMSA proposes to amend the Docket Operations Office at the above materials offered for transportation, or Hazardous Materials Regulations (HMR) address (see ADDRESSES). transported, in commerce by aircraft. to align with current international FOR FURTHER INFORMATION CONTACT: The petitions are included in the docket standards for the air transportation of Aaron Wiener, Office of Hazardous for this proceeding and are discussed at hazardous materials. The proposals in Materials Standards, International length in Section II (‘‘Overview of this rule would amend certain special Standards, (202) 366–4579, Pipeline and Proposals in this NPRM’’) of this provisions, packaging requirements, Hazardous Materials Safety rulemaking. notification of pilot-in-command Administration, U.S. Department of (NOTOC) requirements, and exceptions Transportation, 1200 New Jersey VerDate Sep<11>2014 17:33 Dec 02, 2016 Jkt 241001 PO 00000 Frm 00025 Fmt 4702 Sfmt 4702 E:\FR\FM\05DEP1.SGM 05DEP1 sradovich on DSK3GMQ082PROD with PROPOSALS Federal Register / Vol. 81, No. 233 / Monday, December 5, 2016 / Proposed Rules 87511 II. Overview of Proposals in This requirements in special provisions A3 provision A6 for currently assigned NPRM and A6 be removed. solid materials or whether revisions to Section 173.27(d) establishes the type the packaging provisions for these A. Transportation by Air Intermediate of closure required for transportation of materials should be considered in a Packaging Requirements for Certain Low liquid hazardous materials by air. It future rulemaking and Medium Danger Hazardous states that the inner packaging for PG I Materials (P–1637) liquid hazardous materials must have a B. Quantity Limits for Portable Electronic Medical Devices Carried by The Dangerous Goods Advisory secondary means of closure applied. Passengers, Crewmembers, and Air Council petitioned PHMSA to remove The inner packaging for PG II or PG III Operators (P–1649) the additional intermediate packaging liquid hazardous materials must have a requirements found in special secondary closure applied unless the Phillips Healthcare petitioned provisions A3 and A6, see 49 CFR secondary closure is impracticable. If PHMSA to revise § 175.10(a)(18)(i) to 172.102(b)(2), by deleting these special the secondary closure is impracticable, increase the quantity limits applicable provisions and all references to them in the closure requirements for PG II and to the transportation of portable medical the Hazardous Materials Table (HMT) in PG III liquids may be satisfied by electronic devices (e.g., automated § 172.101. See P–1637.1 Special securely closing the inner packaging external defibrillators (AED); nebulizers; provisions A3 and A6 apply to certain and placing it in a leakproof liner or bag continuous positive airway pressure commodities as assigned in column (7) before placing the inner packaging in (CPAP) devices containing lithium of the HMT when transported by the outer packaging. metal batteries; and spare batteries) aircraft: Section 173.27(e) sets the absorbency carried on aircraft by passengers and 2 • Special provision A3 states that if requirements for PG I liquid hazardous crewmembers. See P–1649. The current glass inner packagings are used for materials of Classes 3, 4, or 8, or HMR requirements limit all lithium transportation of referenced Divisions 5.1 or 6.1, when the materials metal batteries carried on an aircraft by commodities, they must be packed with are packaged in glass, earthenware, passengers or crew for personal use to absorbent material in tightly closed plastic, or metal inner packagings and a lithium content of not more than 2 metal receptacles before being packed in offered or transport by air. It requires grams per battery. The ICAO TI allow outer packagings. that inner packagings be packed in a portable medical electronic devices containing lithium metal batteries and • Special provision A6 states that if rigid and leakproof receptacle or spare batteries for these devices to plastic inner packagings are used for intermediate packaging that that is sufficiently absorbent to absorb the contain up to 8 grams of lithium content transportation of referenced entire contents of the inner packaging per battery to be carried by passengers commodities, they must be packed in before the inner package is packed in with the approval of the operator. The tightly closed metal receptacles before the outer package. petitioner
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