DOT Ruling on Fuel Cell Cartridges and Systems

Tag : butane fuel
Publication Date:30-Apr-2008
4:30 PM US Eastern Timezone
Source:Federal Information and News Dispatch Federal Register Extracts
SUMMARY: PHMSA is amending the Hazardous Materials Regulations(HMR) to permit certain fuel cell cartridges and fuel cell systemsdesigned for portable electronic devices to be transported bypassengers and crew in carry-on baggage on board passenger-carryingaircraft. Fuel cell cartridges and fuel cell systems are anemerging energy technology developed to provide a more efficient,longer-lasting, and renewable power source for electricallyoperated equipment. This final rule prescribes regulations fortransporting fuel cells containing flammable liquids, includingmethanol; formic acid; certain borohydride materials; or butanethat meet certain performance and consumer use standards. PHMSA isissuing this final rule in cooperation with the Federal AviationAdministration (FAA).
EFFECTIVE DATE: Effective date: The effective date of theseamendments is October 1, 2008.
Voluntary Compliance Date: Voluntary compliance is authorized as ofMay 30, 2008.
Incorporation by Reference Date: The incorporation by reference ofpublications listed in this final rule is approved by the Directorof the Federal Register as of October 1, 2008.
FOR FURTHER INFORMATION CONTACT: Eileen Edmonson, Office ofHazardous Materials Standards, (202) 366-8553, Pipeline andHazardous Materials Safety Administration (PHMSA), 1200 New JerseyAvenue, SE., Washington, DC 20590, facsimile telephone number (202)366-7435, or by e-mail to Eileen.Edmonson@dot.gov.
SUPPLEMENTARY INFORMATION: On September 20, 2007, PHMSA published anotice of proposed rulemaking (NPRM; 72 FR 53744) that proposed toamend the Hazardous Materials Regulations (HMR; 49 CFR Parts171-180) to permit certain fuel cell cartridges and systemsdesigned for use in portable electronic devices to be transportedin carry-on baggage on board passenger-carrying aircraft.Consistent with the requirements adopted by the International CivilAviation Organization (ICAO) in section 8.1.1.2(r) of the 2007-2008edition of the ICAO Technical Instructions for the Safe Transportof Dangerous Goods by Air (ICAO Technical Instructions), the NPRMproposed to permit fuel cell systems and cartridges that containflammable liquids (including methanol), formic acid, and butane incarry-on baggage on board passenger-carrying aircraft provided thefuel cells conform to the industry technical specificationgoverning the design and consumer use of fuel cell cartridges,power units, and power systems developed by the InternationalElectrotechnical Commission (IEC)--IEC/PAS 62282-6-1:2006(E), FirstEdition 2006-02, with Corrigendum 1, First Edition 2007-04. We alsoproposed in the NPRM, in response to petitions for rulemaking,numbered P-1475 and P-1483, to permit fuel cell cartridges andsystems that contain certain Class 8 (corrosive) borohydridematerials to be transported in carry-on baggage on boardpassenger-carrying aircraft. We agreed with the petitioners thatfuel cell cartridges and systems containing these materials posesimilar safety risks and will operate in a similar manner as thosecontaining formic acid. We also proposed to require that fuel cellcartridges and systems containing certain borohydride materialsconform to the same IEC technical specification described earlier.
The IEC specification contains detailed manufacturing, safety, andtesting requirements to address conditions that may be encounteredduring use, misuse, and consumer transportation. One designrequirement of the IEC specification is that the fuel cell systems'outputs do not exceed 60 volts and 240 watts. To ensure thecapability of the fuel cell and cartridge to withstand normalconditions of consumer handling and transportation, thespecification requires various design-type tests such as pressuredifferential, vibration, temperature cycling, high temperatureexposure, drop, compressive loading, connection cycling, externalshort circuit, and long-term storage.
Under the NPRM, we proposed to limit the amount of fuel percartridge to a maximum quantity of 200 mL (6.76 ounces) forliquids, 200 mL (6.76 ounces) for metal fuel cell cartridgescontaining butane, 120 mL (4.0 ounces) for non-metallic fuel cellcartridges containing butane, and 200 g (7 ounces) for solids.Because the IEC specification states Class 8 borohydride fuels maybe 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 solidfuel per fuel cell cartridge (see Sections E1.4.12.1.3 andE2.4.12.1.3), we proposed this same limit for solid fuel in theNPRM. We also proposed to limit aircraft passengers to two sparefuel cell cartridges per person.
We proposed in the NPRM to permit fuel cells containing thefollowing types of materials to be transported in carry-on baggageon passenger aircraft: (1) Gases meeting the criteria forclassification as Division 2.1 (flammable gases), (2) solidsmeeting the criteria for classification as Division 4.3 (dangerouswhen wet), and (3) liquids meeting the criteria for classificationas Class 3 (flammable) or Class 8 (corrosive) material. Weunintentionally omitted from the NPRM's preamble text that theproposed rulemaking also considered solid fuels meeting thecriteria for classification as Class 8 material. PHMSA workedclosely with FAA to evaluate the transportation safety riskspresented by these fuel cell cartridges and systems and determinedthat they may be transported safely in the cabin of apassenger-carrying aircraft.
II. Comments on the NPRM
PHMSA received comments from the Methanol Institute, MTI MicroFuelCells, 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 theproposal, 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 systemscarried by passengers and crew members to a type and design thatwill not continue to charge batteries when the device being poweredis not in use. This proposed limitation is consistent withrestrictions adopted by ICAO.
The Methanol Institute and MTI MicroFuel Cells, Inc., suggest thatthis restriction is inconsistent with HMR requirements applicableto other energy producing devices such as lithium metal or lithiumion batteries, which are not subject to operating limitations whencarried in the passenger cabin of an aircraft. Although thefunction of fuel cell cartridges and devices may be similar tothose of other energy producing devices permitted in transportationunder the HMR, we disagree with the commenters that the risks posedby these devices are similar. We determined through our technicalreview that fuel cell cartridges and systems designed solely toenergize devices or that energize devices that are not in use havethe potential to overwhelm the safety systems contained in thedevice, posing a risk of overheating, electric shock, or fuelproduct release. We will continue to work with the industry andinternational agencies to evaluate the safety of these fuel cellcartridges and systems as the technology evolves and to considerwhether 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 theterm since the year 2000 to refer to its patented fuel cell system,composed of multiple "hot-swappable" fuel cell cartridges, and torefer to a cartridge that holds a fuel cell but not fuel. Thecommenter states the use of this wording will cause confusion inthe 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" willcause confusion in the regulated community. We note that the terms"fuel cell cartridge" and "fuel cell system" are used extensivelyin the IEC Specification No. IEC/PAS 62282-6-1 and the U.S. FuelCouncil's Special Permit request, dated November 28, 2006,submitted by Dangerous Goods Transport Consulting, Inc., on itsbehalf. The term "fuel cell cartridge" has a well-establishedmeaning in the industry and is not generally used as a specificreference 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 thetransportation in carry-on baggage on passenger-carrying aircraftof fuel cell cartridges and systems containing Class 3 flammableliquids, including methanol; formic acid and borohydride materialsmeeting the definition for a Class 8 material; and butane, aDivision 2.1 gas.
PHMSA is also requiring fuel cells to conform to certain rigorousperformance criteria, which are consistent with the passengerauthorizations adopted for the 2007-2008 edition of the ICAOTechnical Instructions. As stated earlier in this preamble, thesecriteria include compliance with the industry technicalspecification and addendum developed by the IEC governing thedesign and consumer use of fuel cell cartridges, power units, andpower systems (IEC Specification No. IEC/PAS 62282-6-1:2006(E),First Edition 2006, with Corrigendum 1, First Edition 2007). PHMSAfinds the IEC technical specification comprehensive in that itaddresses design, manufacturing, testing, and transportationspecific to micro-fuel cells, as well as requirements for valves,filling, packaging performance, failure mode analysis, consumerrefilling, materials of construction, exterior and exhausttemperature limits, warnings, certification, markings, andmanufacturers' instructions. PHMSA and FAA also strongly supportthe recent addendum to the IEC specification mandating a zero-leakstandard as a basis for successfully passing the design-type tests,which we find is equivalent to the safety standard established forcertain non-bulk gas packagings in the HMR. Fuel cell cartridgesand 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 cellcartridges and systems conform to the performance standardestablished in the revised IEC technical specification and allother applicable requirements prescribed in the HMR.