# Mr. Richard Lloyd — Hazardous Materials Safety Interpretation **Citation:** 16-0003 **Type / status:** guidance / guidance **Agency:** Pipeline and Hazardous Materials Safety Administration **Effective:** Not stated **Published:** 2016-05-31 16-0003 concerning 173.185. ## Document text <<>> of Transportation U.S. Department Washington, D.C. 20590 1200 New Jersey Avenue, SE Pipeline and Hazardous Materials Safety Administration MAY 3 1 2016 Mr. Richard Lloyd 31 Bastian Lane Allentown, PA 18104 Ref. No.: 16-0003 Dear Mr. Lloyd This responds to your email dated January 7, 2016, requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) and the 57* edition of the International Air Transport Association Dangerous Goods Regulations (IATA DGR) regarding exceptions for the shipment of smaller lithium metal cells and batteries contained in equipment. Specifically, you ask if the word "OVERPACK" must appear on the outside of an overpack when the package(s) contained in the overpack contorm to the requirements of s 173.185(c)(4) and Section II of Packing Instruction 970 of the 57 edition of the IATA DGR and do not require the lithium battery handling label. The IATA DR do not have official standing under the HMR. However, the provisions of §§ 171.22 - 24 of the HMR authorize the use of the International Civil Aviation Organization's Technical Instructions for the Safe Transport of Dangerous Goods by Air (ICAO Technical Instructions) for packaging, marking, labeling, classifying, and describing hazardous materials which are transported by air and by motor vehicle either before or after being transported by air. For the purposes of the ICAO Technical Instructions, Section II of Packing Instruction 970 and the HMR as provided by § 173.185(c)(4) when an overpack is used, the "OVERPACK" marking is only required when the package(s) is/ are required to display the lithium battery handling label and the handling label is not visible through the overpack. I hope this answers your inquiry. If you need additional assistance, please contact the Standards and Rulemaking Division at (202) 366-8553. Sincerely, Duane Ait en Duane A. Pfund International Standards Coordinator Standards and Rulemaking Division <<>> $173.985((4(i1) earu Batteries Dodd, Alice (PHMSA) 16-0003 From: Geller, Shelby CTR (PHMSA) Sent: Thursday, January 07, 2016 4:42 PM To: Hazmat Interps Subject: FW: Air Shipments of Small Lithium Batteries Dear Shante and Alice, Forwarded is a request for a formal letter of interpretation. Thanks, Shelby From: Richard Lloyd [mailto:dickchar@rcn.com] Sent: Thursday, January 07, 2016 10:34 AM To: INFOCNTR (PHMSA) Subject: Air Shipments of Small Lithium Batteries Dear Sir, overpacks containing inside packages of small lithium metal batteries contained in equipment (UN 3091) and shipped Please clarify the ICAO/IATA regulations for affixing the lithium battery handling label and the "OVERPACK" mark on excepted per the IATA Packing Instruction 970 Section II. The batteries shipped would meet all of the compliance be two packages or less where each package contains no more than two batteries installed in equipment, etc.. requirements in PI 970 Section II such as the aggregate lithium content is not more than 2.0 g, each consignment would PI 970 Section II exceptions does not require a lithium battery handling label when a consignment would be two packages or less where each package contains no more than two batteries installed in equipment; nor would any other package marks or labels be required for excepted shipments. The current IATA, 57th edition effective January 1, 2016, addresses the marking and labeling of overpacks containing Instruction 970 Section II by stating an overpack must me marked with the word "Overpack" and labeled with the lithium inside packages of small lithium metal batteries contained in equipment and shipped excepted per the IATA Packing understanding of this requirement is that the overpack would not be required to be labeled with the lithium battery label battery label, unless the label(s) on the package(s) inside the overpack are visible, or, a label is not required. My since the inside packages are not required to have the lithium battery label when shipped excepted. marking is considered to be a label. Even so, why would an overpack be required to be marked with the word "Overpack" However, it appears the overpack would still be required to be marked with the word "Overpack" unless the "Overpack" when the inside packages are not required to be marked or labeled? Air Transportation, specify that "When packages required to bear the handling marking in paragraph (c)(3)(ii) are placed in By comparison, the DOT 49 CFR Hazardous Materials Regulations 173.185 ( c) (4) (i), Exceptions for Small Batteries for be affixed on the outside of the overpack, and the overpack must be marked with the word "OVERPACK". Be writing this an overpack, the handling marking must either be clearly visible through the overpack, or the handling marking must also requirement as "when packages required" makes it clear that the handling marking and the word "OVERPACK" are not required on overpacks containing inside packages of small lithium metal batteries contained in equipment and shipped Thank you for your assistance in providing the compliance requirements for marking overpacks containing inside packages of small lithium metal batteries contained in equipment and shipped excepted. 31 Bastian Lane Richard J. Lloyd 1 <<>> Allentown, PA 18104 Telephone: 610-398-3954 E-mail: dickchar@rcn.com ## Provenance - Official: Yes - Source: - Source ID: `phmsa` - SHA-256: `cf08fc64127b8fd6de1f9bb9f1727eb9a7d2d10fa544e0bcebb24afa5534bb18` - Retrieved: 2026-08-20T00:59:31.977Z - Exported: 2026-08-22T14:58:50.537Z - Document slug: `phmsa-interpretation-16-0003` ### Source metadata ```json { "materialSubtype": "interpretation", "interpretationArea": "hazardous_materials", "representation": "full_text_from_official_pdf", "companies": [], "individuals": [ "Mr. Richard Lloyd" ], "refIds": [ "16-0003" ], "catalogDates": [ "2016-05-31" ], "catalogParts": [ 173 ], "catalogRowCount": 1, "sourceRecordUrls": [ "https://www.phmsa.dot.gov/node/57261" ], "linkedAttachmentUrls": [], "unavailableResponseUrls": [], "duplicateRepresentationUrls": [], "citedSections": [ "173.185", "173.185(c)(4)", "171.22", "173.985" ], "catalogPageUrls": [ "https://www.phmsa.dot.gov/regulations/title49/section/173185" ], "pdfUrls": [ "https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2016/160003.pdf" ], "representations": [ { "viewUrl": "https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2016/160003.pdf", "detailUrl": null, "detailHtmlPath": null, "pdfUrl": "https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2016/160003.pdf", "pdfArtifactPath": "data/sources/phmsa-interpretations/16-0003-be14b05130.pdf", "pdfArtifactSha256": "abff4e9751106784dae838e7b18dc53f76c95893ef7b4f916c8d19dfac177e0b", "extractedTextPath": "data/sources/phmsa-interpretations/16-0003-be14b05130.v2.txt", "extractedTextSha256": "34bbe50878a0b07975fba2f880b2f542ec38747cebd23420782120993bdab040", "pageCount": 3, "extractionVersion": 2 } ], "caveat": "Interpretations apply regulations to the facts presented and do not create independently enforceable requirements.", "jurisdiction": "US" } ```