{"operation":"document","citation":"02-0314","title":"Aero Vironment Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2003-06-20","effective_on":null,"summary":"02-0314 response to Aero Vironment Inc. concerning 173.6.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-02-0314.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-02-0314.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-02-0314","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2002/020314.pdf","body":"<<<PAGE 1>>>\n\nOf transportione\nWashington, D.G. 20590\n400 Seventh St., S.W.\nJUN 2 O*2003\nMs. Erica Jenkins\nRef. No.: 02-0314\nLogistics Coordinator\nAero Vironment Inc.\n4685-3H Industrial Street\nSimi Valley, California 93063\nDear Ms. Jenkins:\nThis is in response to your letter regarding the use of the material of trade exception as it applies to\nhighway shipments of lithium cells and batteries under the Hazardous Materials Regulations (HMR; 49\nCFR parts 171-180). Your questions are paraphrased and answered as follows:\nQ1: Would the lithium batteries qualify for the MOTs exception, while being transported to various\nlocations for testing in solar powered aircraft and small-unmanned air vehicles?\nAl: The answer is yes. The materials of trade definition in § 171.8 includes a private motor carrier\ntransporting hazardous materials in direct support of a principal business that is other than\ntransportation by motor vehicle.\nQ2: Would the lithium batteries qualify for the MOTs exception, while they are transported between\nAero Vironment facilities for testing and modifications?\nA2: The answer is yes. One criteria for a MOT is that a hazardous material is transported by a\nprivate carrier in direct support of its principal business which is not transportation by motor\nvehicle. Therefore, a hazardous material transported between a company's facilities for\npurposes of quality control testing meets the definition of MOT. In addition, prototype lithium\ncells and batteries may be transported for performance testing (i.e., product evaluation) in\nconnection with development programs when transported in conformance with § 173.185().\nQ3:\nYou asked at what point does your hazardous material compliance liability terminate, after your\ncustomers accept delivery of lithium batteries at one your facilities?\n173.6\n020314\n\n<<<PAGE 2>>>\n\nA3:\nEach person who performs a function governed by the HMR is responsible for complying with\nthe appropriate requirements of the HMR. The degree of regulatory liability is usually\ndetermined on a case-by-case basis, an determined by the facts of the issue.\nI hope this information is helpful. Please contact us if you require additional assistance.\nSincerely,\nDelmer F. Billings\nChief, Standards Development\nOffice of Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\nReterford\nAeroVironment Inc.\n§173-6\nAeroVironment Inc.\n4685-3H Industrial Street\nSimi Valley, CA 93063\nMOT\nLithium Batteries\nDecember 6, 2002\n02-0314\nMr. Edward Mazzullo\nDirector, Office of Hazardous Materials Safety\nU.S. DOT/ RSPA (DHM-10)\n400 7th Street S.W.\nWashington, DC 20590-0001\nDear Mr. Mazzullo,\nSubject: Need confirmation on 49 CFR (173.6 and 173.7)\nThe purpose of this letter is to obtain clarification on a few issues that we have\nsome immediate concerns about. The primary material in question is UN3090\n(Lithium Batteries), class 9, PGII, P.I. 903. I have contacted the DOT Office of\nHazardous Materials Safety and was advised to direct this letter to your attention.\nIn an effort to eliminate confusion on the interpretation of the two regulations I am\nrequesting written confirmation on the three issues that are listed below.\nIssue One: Would the Lithium batteries UN3090 be considered \"Materials of\nTrade\" as stated in CFR49 173.6 while we are transporting them to various\nsites for testing? We are a design and development company that specializes\nin solar powered aircraft and small-unmanned air vehicles. Our primary business\nrelies on government contracts with both NASA and the Department of Defense\n(DOD). Our clients require us to go to various sites to conduct flight testing\nwhich is essential to the continuing growth and success of our business.\nIssue Two: Would these lithium batteries be considered \"Materials of\nTrade\" as stated in CFR49- 173.6, while we are transporting them between\nAeroVironment facilities for testing and modifications? The logistical location\nof our facilities requires us to transport these batteries between facilities during\ndifferent phases of research, development, and production. There are three\nbuildings that are close in proximity to one another with an estimated 6 miles\nbetween them and two with approximately seventy miles separating them.\nAgain, this is another vital function of our business and is essential for the time\nrestraints that NASA and the DOD place upon us.\n4685-3H Industrial Street • Simi Valley, California 93063 • U.S.A.\nTelephone 805/581-2187 • FAX 805/581-4512\nCorporate Office: 825 S, Myrtle Ave. • Monrovia, Caifornia 91016 • U.S.A. • 626/357-9983\n\n<<<PAGE 4>>>\n\n• Page 2\nDecember 6, 2002\nIssue Three: At what point is our Hazardous Material Compliance liability\nwhich includes hazardous material UN3090 at one of our facilities?\nexpunged when our customers from the DOD accept delivery of equipment,\nOccasionally our customers will accept delivery of the equipment we build for\nthem, then transport it to destinations of which we do not know, nor do we know\nwhat mode of transportation they are utilizing. Are we liable for that hazardous\nmaterial until it arrives at its final destination or is the DOD? If the DOD is\nresponsible for these shipments are we required to furnish any hazardous\nmaterial shipping declarations or any other pertinent hazardous material\ndocuments to them?\nIn closing, I would like to request the paperwork requirements needed for each of\nthese issues. Depending on the answers that you provide, there may or may not\nbe additional shipping documents required. We want to insure that we are in full\ncompliance with all federal and state regulations that pertain to the shipping of\nhazardous materials.\nThank you for taking the time to review this letter. I can be contacted at (805)\n581-2198 ext.218 or by e-mail/ jenkins@aerovironment.com\nPlease send your response to:\nAeroVironment Inc.\nAttn: Erica Jenkins\n4685-3H Industrial Street\nSimi Valley, CA 93063\nSincerely,\nSafet\nErica Jenkin\nLogistics Coordinator\nAeroVironment Inc.","truncated":false,"body_characters":5949}