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30 April 2008
[Federal Register: April 30, 2008 (Volume 73, Number 84)]
[Rules and Regulations]
[Page 23362-23367]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30ap08-20]
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DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
49 CFR Parts 171, 173, and 175
[Docket No. PHMSA-2006-25446 (HM-243)]
RIN 2137-AE19
Hazardous Materials: Fuel Cell Cartridges and Systems Transported
on Board Passenger Aircraft in Carry-On Baggage
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
Department of Transportation (DOT).
ACTION: Final rule.
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SUMMARY: PHMSA is amending the Hazardous Materials Regulations (HMR) to
permit certain fuel cell cartridges and fuel cell systems designed for
portable electronic devices to be transported by passengers and crew in
carry-on baggage on board passenger-carrying aircraft. Fuel cell
cartridges and fuel cell systems are an emerging energy technology
developed to provide a more efficient, longer-lasting, and renewable
power source for electrically operated equipment. This final rule
prescribes regulations for transporting fuel cells containing flammable
liquids, including methanol; formic acid; certain
[[Page 23363]]
borohydride materials; or butane that meet certain performance and
consumer use standards. PHMSA is issuing this final rule in cooperation
with the Federal Aviation Administration (FAA).
DATES: Effective date: The effective date of these amendments is
October 1, 2008.
Voluntary Compliance Date: Voluntary compliance is authorized as of
May 30, 2008.
Incorporation by Reference Date: The incorporation by reference of
publications listed in this final rule is approved by the Director of
the Federal Register as of October 1, 2008.
FOR FURTHER INFORMATION CONTACT: Eileen Edmonson, Office of Hazardous
Materials Standards, (202) 366-8553, Pipeline and Hazardous Materials
Safety Administration (PHMSA), 1200 New Jersey Avenue, SE., Washington,
DC 20590, facsimile telephone number (202) 366-7435, or by e-mail to
Eileen.Edmonson@dot.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On September 20, 2007, PHMSA published a notice of proposed
rulemaking (NPRM; 72 FR 53744) that proposed to amend the Hazardous
Materials Regulations (HMR; 49 CFR Parts 171-180) to permit certain
fuel cell cartridges and systems designed for use in portable
electronic devices to be transported in carry-on baggage on board
passenger-carrying aircraft. Consistent with the requirements adopted
by the International Civil Aviation Organization (ICAO) in section
8.1.1.2(r) of the 2007-2008 edition of the ICAO Technical Instructions
for the Safe Transport of Dangerous Goods by Air (ICAO Technical
Instructions), the NPRM proposed to permit fuel cell systems and
cartridges that contain flammable liquids (including methanol), formic
acid, and butane in carry-on baggage on board passenger-carrying
aircraft provided the fuel cells conform to the industry technical
specification governing the design and consumer use of fuel cell
cartridges, power units, and power systems developed by the
International Electrotechnical Commission (IEC)--IEC/PAS 62282-6-
1:2006(E), First Edition 2006-02, with Corrigendum 1, First Edition
2007-04. We also proposed in the NPRM, in response to petitions for
rulemaking, numbered P-1475 and P-1483, to permit fuel cell cartridges
and systems that contain certain Class 8 (corrosive) borohydride
materials to be transported in carry-on baggage on board passenger-
carrying aircraft. We agreed with the petitioners that fuel cell
cartridges and systems containing these materials pose similar safety
risks and will operate in a similar manner as those containing formic
acid. We also proposed to require that fuel cell cartridges and systems
containing certain borohydride materials conform to the same IEC
technical specification described earlier.
The IEC specification contains detailed manufacturing, safety, and
testing requirements to address conditions that may be encountered
during use, misuse, and consumer transportation. One design requirement
of the IEC specification is that the fuel cell systems' outputs do not
exceed 60 volts and 240 watts. To ensure the capability of the fuel
cell and cartridge to withstand normal conditions of consumer handling
and transportation, the specification requires various design-type
tests such as pressure differential, vibration, temperature cycling,
high temperature exposure, drop, compressive loading, connection
cycling, external short circuit, and long-term storage.
Under the NPRM, we proposed to limit the amount of fuel per
cartridge to a maximum quantity of 200 mL (6.76 ounces) for liquids,
200 mL (6.76 ounces) for metal fuel cell cartridges containing butane,
120 mL (4.0 ounces) for non-metallic fuel cell cartridges containing
butane, and 200 g (7 ounces) for solids. Because the IEC specification
states Class 8 borohydride fuels may be liquid or solid (see Figure
E1.4 and Sections E1.3.5.1, E1.3.7.1, and E1.3.46), and establishes a
200 g limit for solid fuel per fuel cell cartridge (see Sections
E1.4.12.1.3 and E2.4.12.1.3), we proposed this same limit for solid
fuel in the NPRM. We also proposed to limit aircraft passengers to two
spare fuel cell cartridges per person.
We proposed in the NPRM to permit fuel cells containing the
following types of materials to be transported in carry-on baggage on
passenger aircraft: (1) Gases meeting the criteria for classification
as Division 2.1 (flammable gases), (2) solids meeting the criteria for
classification as Division 4.3 (dangerous when wet), and (3) liquids
meeting the criteria for classification as Class 3 (flammable) or Class
8 (corrosive) material. We unintentionally omitted from the NPRM's
preamble text that the proposed rulemaking also considered solid fuels
meeting the criteria for classification as Class 8 material. PHMSA
worked closely with FAA to evaluate the transportation safety risks
presented by these fuel cell cartridges and systems and determined that
they may be transported safely in the cabin of a passenger-carrying
aircraft.
II. Comments on the NPRM
PHMSA received comments from the Methanol Institute, MTI MicroFuel
Cells, Inc., the U.S. Fuel Cell Council, and Lilliputian Systems. The
commenters unanimously support adoption of the proposed rule. Several
offered more specific comments on particular aspects of the proposal,
as addressed in detail below.
A. Limitation on Fuel Cells Used To Charge Batteries or Devices
In the NPRM, we proposed to limit fuel cell cartridges and systems
carried by passengers and crew members to a type and design that will
not continue to charge batteries when the device being powered is not
in use. This proposed limitation is consistent with restrictions
adopted by ICAO.
The Methanol Institute and MTI MicroFuel Cells, Inc., suggest that
this restriction is inconsistent with HMR requirements applicable to
other energy producing devices such as lithium metal or lithium ion
batteries, which are not subject to operating limitations when carried
in the passenger cabin of an aircraft. Although the function of fuel
cell cartridges and devices may be similar to those of other energy
producing devices permitted in transportation under the HMR, we
disagree with the commenters that the risks posed by these devices are
similar. We determined through our technical review that fuel cell
cartridges and systems designed solely to energize devices or that
energize devices that are not in use have the potential to overwhelm
the safety systems contained in the device, posing a risk of
overheating, electric shock, or fuel product release. We will continue
to work with the industry and international agencies to evaluate the
safety of these fuel cell cartridges and systems as the technology
evolves and to consider whether additional rulemaking may be
appropriate.
B. Use of the Term ``Fuel Cell Cartridge''
The U.S. Fuel Cell Council objects to PHMSA's use of the wording
``fuel cell cartridge.'' It states one company, ReliOn, has used the
term since the year 2000 to refer to its patented fuel cell system,
composed of multiple ``hot-swappable'' fuel cell cartridges, and to
refer to a cartridge that holds a fuel cell but not fuel. The commenter
states the use of this wording will cause confusion in the marketplace
and requests that we replace it with the wording ``fuel cartridges for
fuel cell devices.''
We do not agree that our use of the term ``fuel cell cartridge''
will cause
[[Page 23364]]
confusion in the regulated community. We note that the terms ``fuel
cell cartridge'' and ``fuel cell system'' are used extensively in the
IEC Specification No. IEC/PAS 62282-6-1 and the U.S. Fuel Council's
Special Permit request, dated November 28, 2006, submitted by Dangerous
Goods Transport Consulting, Inc., on its behalf. The term ``fuel cell
cartridge'' has a well-established meaning in the industry and is not
generally used as a specific reference to the system developed by the
ReliOn Company.
III. Provisions of This Final Rule
In this final rule, PHMSA is amending the HMR to permit the
transportation in carry-on baggage on passenger-carrying aircraft of
fuel cell cartridges and systems containing Class 3 flammable liquids,
including methanol; formic acid and borohydride materials meeting the
definition for a Class 8 material; and butane, a Division 2.1 gas.
PHMSA is also requiring fuel cells to conform to certain rigorous
performance criteria, which are consistent with the passenger
authorizations adopted for the 2007-2008 edition of the ICAO Technical
Instructions. As stated earlier in this preamble, these criteria
include compliance with the industry technical specification and
addendum developed by the IEC governing the design and consumer use of
fuel cell cartridges, power units, and power systems (IEC Specification
No. IEC/PAS 62282-6-1:2006(E), First Edition 2006, with Corrigendum 1,
First Edition 2007). PHMSA finds the IEC technical specification
comprehensive in that it addresses design, manufacturing, testing, and
transportation specific to micro-fuel cells, as well as requirements
for valves, filling, packaging performance, failure mode analysis,
consumer refilling, materials of construction, exterior and exhaust
temperature limits, warnings, certification, markings, and
manufacturers' instructions. PHMSA and FAA also strongly support the
recent addendum to the IEC specification mandating a zero-leak standard
as a basis for successfully passing the design-type tests, which we
find is equivalent to the safety standard established for certain non-
bulk gas packagings in the HMR. Fuel cell cartridges and systems
carried by airline passengers and crew must be marked ``APPROVED FOR
CARRIAGE IN AIRCRAFT CABIN ONLY'' by the manufacturer. This marking is
the manufacturer's certification that the fuel cell cartridges and
systems conform to the performance standard established in the revised
IEC technical specification and all other applicable requirements
prescribed in the HMR.
In addition, consistent with the standard adopted for the ICAO
Technical Instructions, in this final rule PHMSA is limiting the amount
of hazardous material that may be contained in each individual fuel
cell authorized for transportation in carry-on baggage on board
passenger-carrying aircraft to 200 mL (6.76 ounces) of liquid fuel per
cartridge, 200 mL (6.76 ounces) of liquefied gas fuel per metal
cartridge, 120 mL (4 fluid ounces) of liquefied gas fuel per non-
metallic fuel cartridge, and 200 g (7 ounces) of solid material fuel
per cartridge. Also consistent with the ICAO Technical Instructions,
each passenger or crew member will be permitted to carry up to two
spare cartridges.
To reduce possible releases, passengers and crew members are
prohibited from refilling fuel cell cartridges and systems, except to
install a spare cartridge. In addition, fuel cell cartridges and
systems carried by passengers and crew members are limited to a type
and design that will not solely charge batteries or continue to charge
batteries when the device being powered is not in use. Again, these
prohibitions are consistent with the passenger authorizations for fuel
cells adopted under the ICAO Technical Instructions.
PHMSA and FAA are confident that fuel cells containing flammable
liquids, including methanol; formic acid; certain borohydride
materials; or butane that are manufactured in accordance with the IEC
specification may safely be transported in the passenger cabin of an
aircraft under the conditions established in this final rule. However,
as indicated above, fuel cells are an evolving technology. PHMSA will
continue to work with the FAA's William J. Hughes Technical Center to
evaluate the safety risks posed by various types of fuel cell
cartridges and systems. We also intend to work closely with the ICAO
and other international standards-setting organizations to identify and
address safety issues associated with the transportation of fuel cells
by all modes of transportation.
VII. Transportation Security Administration
The Department of Homeland Security's Transportation Security
Administration (TSA) is authorized to prescribe security standards for
all modes of transportation, including aviation (49 U.S.C. 114(d)).
Under this authority, TSA prohibits airline passengers from carrying
weapons, explosives, or incendiary devices and has published several
interpretative rules to provide guidance on the types of property TSA
considers subject to the prohibition (68 FR 7444; 68 FR 9902; 70 FR
9877).
PHMSA consulted with TSA during the development of this final rule
concerning current security limitations applicable to the carriage of
fuel cells by aircraft passengers and crewmembers and shared with TSA
our technical analysis supporting this rulemaking. We understand that
TSA is continuing to consider whether or not any additional security
measures for fuel cells or fuel cell systems may be appropriate. This
final rule does not limit TSA's authority to address security concerns
related to the transportation of fuel cells or fuel cell systems.
On September 26, 2006, TSA imposed a strict limit on liquids, gels,
and aerosols an aircraft passenger is permitted to take through a
security checkpoint in carry-on baggage. TSA limits these materials to
3-ounce (100 mL) or smaller containers placed in a clear quart-size,
zip-top plastic bag. Fuel cell cartridges and systems will be subject
to this limitation, notwithstanding the provisions adopted in this
final rule.
VIII. Rulemaking Analyses and Notices
A. Statutory/Legal Authority for This Rulemaking
This final rule is published under the following statutory
authorities:
1. 49 U.S.C. 5103(b) authorizes the Secretary of Transportation to
prescribe regulations for the safe transportation, including security,
of hazardous material in intrastate, interstate, and foreign commerce.
This final rule amends the HMR to promote the safe transportation of
fuel cells carried by airline passengers and crew members. To this end,
as detailed above, PHMSA is amending the HMR to limit the types and
quantities of fuel cell cartridges and fuel cell systems permitted in
carry-on baggage on passenger aircraft, prescribe specific performance-
based design and packaging criteria for these articles, and limit the
manner in which they may be used during air transportation.
2. Section 5120 of Federal hazardous materials transportation law
(49 U.S.C. 5120), authorizes the Secretary of Transportation to
participate in the development of international standards for the
transportation of hazardous materials and grants the Secretary broad
discretion to harmonize the HMR with international standards. Section
5120(c) permits the Secretary to establish more stringent standards for
transportation in the United States as necessary in the
[[Page 23365]]
public interest. The amendments in this final rule will harmonize the
HMR with international requirements for fuel cell systems and
cartridges to the extent these are consistent with PHMSA's safety
objectives.
B. Executive Order 12866 and DOT Regulatory Policies and Procedures
This final rule is not a significant regulatory action under
section 3(f) of Executive Order 12866 and was not reviewed by the
Office of Management and Budget. This final rule is a non-significant
rule under the Regulatory Policies and Procedures of the Department of
Transportation [44 FR 11034].
Fuel cells are an emerging technology designed to meet the growing
demand for alternative energy sources. Fuel cell technology has not yet
achieved wide-spread commercialization, but is being developed for use
in mobile phones, laptop computers, and, to a lesser extent,
camcorders, digital cameras, and personal digital assistants
(``PDAs''). In 2006, the U.S. Fuel Cell Council conducted an industry
survey and received comments from 181 respondents. The respondents
reported that sales from 2005 to 2006 of all fuel cell and fuel cell-
based systems increased by 7 percent to $353 million, and research and
development expenditures and industry employment over the same period
increased by 11 and 12 percent to $796 million and 7,074 employees,
respectively. Fuel cell cartridges and systems designed for portable
electronic devices are a small part of these reported results. The
industry projects fuel cells for portable electronic devices will
achieve significant market penetration by 2009.
By authorizing their carriage by airline passengers and crew, the
regulatory changes addressed in this rulemaking will lift barriers to
the commercialization and distribution of fuel cell cartridges for use
in personal electronic equipment. The costs associated with this
rulemaking proposal primarily relate to the costs for testing fuel cell
designs in accordance with the IEC consensus specification. We expect
most fuel cell manufacturers will voluntarily comply with the IEC
specification as a positive marketing tool because it addresses broad
consumer safety issues and provides independent assurance that fuel
cells will meet a rigorous safety standard. Thus, the incremental costs
imposed by this final rule are expected to be minimal.
C. Executive Order 13132
This final rule has been analyzed in accordance with the principles
and criteria set forth in Executive Order 13132 (``Federalism''). The
requirements that result from this final rule will preempt State,
local, and Indian tribe requirements but will not have substantial
direct effects on the States, the relationship between the national
government and the States, or the distribution of power and
responsibilities among the various levels of government. Therefore, the
consultation and funding requirements of Executive Order 13132 do not
apply.
Federal hazardous materials transportation law (49 U.S.C. 5125(b))
expressly preempts State, local, and Indian tribe requirements on
certain covered subjects, as follows:
(1) The designation, description, and classification of hazardous
materials;
(2) The packing, repacking, handling, labeling, marking, and
placarding of hazardous materials;
(3) The preparation, execution, and use of shipping documents
related to hazardous materials, and requirements related to the number,
contents, and placement of those documents;
(4) The written notification, recording, and reporting of the
unintentional release in transportation of hazardous materials; and
(5) The design, manufacture, fabrication, inspection, marking,
maintenance, reconditioning, repair, or testing of a packaging or
container represented, marked, certified, or sold as qualified for use
in transporting hazardous material.
This final rule addresses covered subject items (1), (2), (3), and
(5) above and will preempt State, local, and Indian tribe requirements
not meeting the ``substantively the same'' standard. Pursuant to 49
U.S.C. 5125(b)(2), we will deem federal preemption effective upon the
effective date of the final rule. We are making the final rule
effective on October 1, 2008.
D. Executive Order 13175
This final rule was analyzed in accordance with the principles and
criteria set forth in Executive Order 13175 (``Consultation and
Coordination with Indian Tribal Governments''). Because it does not
have tribal implications and does not impose substantial direct
compliance costs, the funding and consultation requirements of
Executive Order 13175 do not apply to this final rule.
E. Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires an
agency to review regulations to assess their impact on small entities,
unless the agency determines the final rule is not expected to have a
significant impact on a substantial number of small entities. This
final rule will relax regulatory barriers to the transportation of fuel
cells used in personal electronic devices and, accordingly, is expected
to have a positive impact on small businesses that manufacture,
distribute, transport, or use such items. As indicated above, we expect
the incremental costs imposed by this final rule to be minimal.
Therefore, PHMSA certifies that the amendments prescribed in this final
rule will not have a significant impact on a substantial number of
small entities.
This final rule has been developed in accordance with Executive
Order 13272 (``Proper Consideration of Small Entities in Agency
Rulemaking'') and DOT's procedures and policies to promote compliance
with the Regulatory Flexibility Act to ensure that potential impacts of
final rules on small entities are properly considered.
F. Paperwork Reduction Act
Section 1320.8(d), Title 5, Code of Federal Regulations, requires
PHMSA to provide interested members of the public and affected agencies
an opportunity to comment on information collection and recordkeeping
requests. This final rule does not include new information collection
or recordkeeping requirements.
G. Regulation Identifier Number (RIN)
A regulation identifier number (RIN) is assigned to each regulatory
action listed in the Unified Agenda of Federal Regulations. The
Regulatory Information Service Center publishes the Unified Agenda in
April and October of each year. The RIN contained in the heading of
this document can be used to cross-reference this action with the
Unified Agenda.
H. Unfunded Mandates Reform Act
This final rule does not impose unfunded mandates under the
Unfunded Mandates Reform Act of 1995. It does not result in costs of
$120.7 million or more to either State, local or tribal governments, in
the aggregate, or to the private sector, and is the least burdensome
alternative that achieves the objective of the rule.
I. Environmental Assessment
The National Environmental Policy Act (NEPA), Sec. Sec. 4321-4375,
requires that federal agencies analyze regulatory actions to determine
whether the action will have a significant impact on the human
environment. The Council on
[[Page 23366]]
Environmental Quality (CEQ) regulations order federal agencies to
conduct an environmental review considering (1) the need for the
action, (2) alternatives to the action, (3) environmental impacts of
the action and alternatives, and (4) the agencies and persons consulted
during the consideration process. 40 CFR 1508.9(b).
We have reviewed the risks associated with transporting fuel cell
systems and cartridges. The amount of hazardous material contained
within the fuel cells or cartridges to which this final rule applies is
minimal, limited to 200 mL or 200 g. Even if a large number of these
devices were compromised and their hazardous materials contents
released, the environmental impact of the release will not be
significant. We have determined there will be no significant
environmental impacts associated with this final rule.
Consultation and Public Comment
As discussed above, PHMSA consulted with the IEC and many companies
representing the fuel cell industry here and abroad to prepare for U.N.
Dangerous Goods Council meetings on these devices. PHMSA also
participated in the technical review of papers prepared by these
companies explaining the potential risks and measures taken in the IEC
specification to reduce risks for each fuel the IEC specification
states may be present in a fuel cell. As discussed earlier, PHMSA also
has consulted extensively with the U.S. Fuel Council, Medis
Technologies, Ltd., and Millenium Cell, Inc., in response to their
petitions for rulemaking, P-1475 and P-1483, respectively, to permit
passengers and crew to transport in carry-on baggage on board passenger
aircraft fuel cells containing flammable liquid, formic acid, butane,
and Class 8 borohydride materials for use in portable electronic
devices. PHMSA has also received one letter signed by approximately 18
companies and 4 letters from commenters that support amending the HMR
to permit fuel cells to be transported in personal electronic devices
in carry-on luggage on board passenger-carrying aircraft.
List of Subjects
49 CFR Part 171
Exports, Hazardous materials transportation, Hazardous waste,
Imports, Incorporation by reference, Reporting and recordkeeping
requirements.
49 CFR Part 173
Hazardous materials transportation, Packaging and containers,
Radioactive materials, Reporting and recordkeeping requirements,
Uranium.
49 CFR Part 175
Air carriers, Hazardous materials transportation, Incorporation by
reference, Radioactive materials, Reporting and recordkeeping
requirements.
0
In consideration of the foregoing, 49 CFR Chapter I is amended as
follows:
PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS
0
1. The authority citation for part 171 continues to read as follows:
Authority: 49 U.S.C. 5101-5128, 44701; 49 CFR 1.45 and 1.53;
Public Law 101-410 section 4 (28 U.S.C. 2461 Note); Public Law 104-
134 section 31001.
0
2. In Sec. 171.7, amend paragraph (a)(3), in the Table, by adding a
new entry for the International Electrotechnical Commission in
appropriate alphabetical order to read as follows:
Sec. 171.7 Reference material.
* * * * *
(a) * * *
(3) * * *
------------------------------------------------------------------------
49 CFR
Source and name of material Reference
------------------------------------------------------------------------
* * * * * * *
International Electrotechnical Commission (IEC) 3, rue
de Varemb[eacute], P.O. Box 131, CH--1211, GENEVA 20,
Switzerland:
Fuel cell technologies--Part 6-1: Micro fuel cell Sec. 175.10
power systems--Safety, IEC/PAS 62282-6-1:2006(E),
First Edition 2006-02, with Corrigendum 1, First
Edition 2007-04....................................
* * * * * * *
------------------------------------------------------------------------
* * * * *
0
3. Sec. 171.8, three new definitions for ``fuel cell,'' ``fuel cell
cartridge,'' and ``fuel cell system'' are added in alphabetical order
to read as follows:
Sec. 171.8 Definitions and abbreviations.
* * * * *
Fuel cell means an electrochemical device that converts the energy
of the chemical reaction between a fuel, such as hydrogen or hydrogen
rich gases, alcohols, or hydrocarbons, and an oxidant, such as air or
oxygen, to direct current (d.c.) power, heat, and other reaction
products.
Fuel cell cartridge or Fuel cartridge means a removable article
that contains and supplies fuel to the micro fuel cell power unit or
internal reservoir, not to be refilled by the user.
Fuel cell system means a fuel cell with an installed fuel cell
cartridge together with wiring, valves, and other attachments that
connect the fuel cell or cartridge to the device it powers. The fuel
cell or cartridge may be so constructed that it forms an integral part
of the device or may be removed and connected manually to the device.
* * * * *
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 1.45, 1.53.
0
5. In Sec. 173.230, paragraph (a) is revised and new paragraph (d) is
added, to read as follows:
Sec. 173.230 Fuel cell cartridges containing flammable liquids.
(a) A fuel cell cartridge must be designed and constructed to
prevent the fuel it contains from leaking during normal conditions of
transportation and be free of electric charge generating components.
* * * * *
(d) Fuel cells intended for transportation in carry-on baggage on
board passenger aircraft must also meet the applicable provisions
prescribed in Sec. 175.10 of this subchapter.
[[Page 23367]]
PART 175--CARRIAGE BY AIRCRAFT
0
6. The authority citation for part 175 continues to read as follows:
Authority: 49 U.S.C. 5101-5128, 44701; 49 CFR 1.45, 1.53.
0
7. In Sec. 175.10, new paragraph (a)(18) is added to read as follows:
Sec. 175.10 Exceptions for passengers, crew members, and air
operators.
(a) * * *
(18) Portable electronic devices (for example, cameras, cellular
phones, laptop computers, and camcorders) powered by fuel cell systems,
and not more than two spare fuel cell cartridges per passenger or crew
member, when transported in carry-on baggage by aircraft under the
following conditions:
(i) Fuel cell cartridges may contain only Class 3 flammable liquids
(including methanol), Class 8 formic acid, Class 8 borohydride
materials, or Division 2.1 butane;
(ii) The maximum quantity of fuel in any fuel cell cartridge may
not exceed:
(A) 200 mL (6.76 ounces) for liquids,
(B) 120 mL (4 fluid ounces) for liquefied gases in non-metallic
fuel cell cartridges, or 200 mL for liquefied gases in metal fuel cell
cartridges;
(C) 200 g (7 ounces) for solids;
(iii) No more than two spare fuel cell cartridges may be carried by
a passenger;
(iv) Fuel cell systems containing fuel and fuel cell cartridges
including spare cartridges are permitted in carry-on baggage only;
(v) Fuel cell cartridges may not be refillable by the user.
Refueling of fuel cell systems is not permitted except that the
installation of a spare cartridge is allowed. Fuel cell cartridges that
are used to refill fuel cell systems but that are not designed or
intended to remain installed (fuel cell refills) in a portable
electronic device are not permitted;
(vi) Fuel cell systems and fuel cell cartridges must conform to
IEC/PAS 62282-6-1 (IBR; see Sec. 171.7 of this subchapter);
(vii) Interaction between fuel cells and integrated batteries in a
device must conform to IEC/PAS 62282-6-1. Fuel cell systems for which
the sole function is to charge a battery in the device are not
permitted;
(viii) Fuel cell systems must be of a type that will not charge
batteries when the portable electronic device is not in use; and
(ix) Each fuel cell cartridge and system that conforms to the
requirements in this paragraph (a)(18) must be durably marked by the
manufacturer with the wording: ``APPROVED FOR CARRIAGE IN AIRCRAFT
CABIN ONLY'' to certify that the fuel cell cartridge or system meets
the specifications in IEC/PAS 62282-6-1 and all other applicable
requirements of this subchapter.
* * * * *
Issued in Washington, DC, on April 22, 2008, under the authority
delegated in 49 CFR part 1.
Carl T. Johnson,
Administrator.
[FR Doc. E8-9203 Filed 4-29-08; 8:45 am]
BILLING CODE 4910-60-P