{"operation":"document","citation":"05-0076","title":"Wiley Rein & Fielding LLP — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2005-08-16","effective_on":null,"summary":"05-0076 response to Wiley Rein & Fielding LLP concerning 173.185, 173.220.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-05-0076.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-05-0076.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-05-0076","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2005/050076.pdf","body":"<<>>\n\nof Transportation\nU.S. Department\n400 Seventh Street, S.W.\nWashington, D.C. 20590\nHazardous Materials Safely\nPipeline and\nAdministration\nAUG 1 6 2005\nMr. George A. Kerchner\nRef. No. 05-0076\n1776 K Street NW\nWiley Rein & Fielding LLP\nWashington, DC 20006\nDear Mr. Kerchner:\nThis is in response to your letter requesting clarification of shipping requirements under the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) and the Internatioral Maritime\nDangerous Goods Code (IMDG) for the SEGWAY mobility device when it contains two 36 g\nlithium ion batteries. Your questions are paraphrased and answered as follows:\nQ1: May the SEGWAY mobility device and related chassis and power base that contain two\n36 g lithium ion batteries be shipped by ground in the United States under an exception in 49\nCFR 173.220?\nAl: Yes. Section 173.220(g)(1) as amended by HM-224E interim final rule provides that a\nbattery-powered vehicle or equipment that meets the other provisions of § 173.220 and contains\nno other hazardous materials is \"not subject to any other requirements of [the HMR] for\ntransportation by motor vehicle or rail car.\" The batteries must be securely fastened in the\nbattery holder of the vehicle or engine, and be protected in such a manner as to prevent damage\nand short circuits. Lithium batteries must be of a type that have successfully passed each test in\nthe UN Manual of Tests and Criteria as specified in § 173.185, unless approved by the Associate\nAdministrator. A more limited exception for battery-powered vehicles and equipment applies to\ntransportation by aircraft or vessel, and vehicles and machinery containing primary lithium\nbatteries are forbidden aboard passenger-carrying aircraft except as provided in 49 CFR 172.101\n(Special Provision A102).\nQ2: Is the SEGWAY mobility device and related chassis and power base that contain two 36\ng lithium ion batteries and classified as Battery-powered vehicle, or Battery-powered equipment\nUN 3171 excepted from the requirements of the IMDG Code, when transported by vessel?\n173.220610\n173.185\n050076\n\n<<>>\n\nA2: Yes. The option to use Battery-powered vehicle or Battery-powered equipment UN 3171\nas a hazardous materials shipping description for your SEGWAY mobility device dose not exist\nunder the IMDG Code. Therefore, Battery-powered vehicle or Battery-powered equipment\nUnited Nations Recommendations on the Transport of Dangerous Goods, states that UN 3171 is\nUN 3171 is not regulated under the IMDG Code. In addition, Special provision 105 of the\nsubject to the regulations only when transported by air. However, in accordance with 49 CFR\n171.12(b)(3), a material that is designated as a hazardous material under the HMR, but is not\nsubject to the requirements of the IMDG Code may not be transported in accordance with the\nIMDG Code and is subject to the requirements of the HMR.\nI hope this information is helpful. Please contact us if you require additional assistance\nSincerely,\nFire Dr\nSusan Gorsky\nActing Director\nOffice of Hazardous Materials Standards\n\n<<>>\n\n03/29/2005\n16:03\nWILEY, REIN, &FIELDING, LLP\nNO. 933\n002\nRelerford\nWiley Rein & Fielding LLP\n$173.220 €) (1)\n$173.185\nLithium Battery Exceptin\n1726K STREET NW\nPHONE\nWASHINGTON, DC 20006\nMarch 18, 2005\nGeorge Kerchner 05-0046\n202.719.4109\nFAX\n202.719.7000\ngkerchner@wrf.com\n202.719.2049\n7925 JONES BRANCH DRIVE\nVirginia office\nMr. Edward Mazzullo\nDirector of Hazardous Materials Standards\nSUITE 6200\nPHONE\nMCLEAN, VA 22102\nResearch and Special Programs Administration\nFAX\n703.905.2800\nU.S. Department of Transportation\n203.905.2820\n400 7\" Street, SW\nWashington, DC 20590\nwww.wif.com\nRe: Request for Interpretation - Lithium ion Batteries and Battery-Powered.\nEquipment in the HMR and IMDG Code\nDear Mr. Mazzullo:\nI am writing for a clarification on the classification of lithium ion batteries\ncontained in mobility devices under the U.S. hazardous materials regulations\n(HMR) and International Maritime Dangerous Goods (IMDG) Code.\nMy client, SEGWAY LLC, recently introduced a new line of mobility\ndevices (SEGWAY HT, XT and GT models) powered by two lithium ion batteries\nthat each contain approximately 36 grams of equivalent lithium content (ELC). The\nbattery meets all of the testing requirements in the UN Manual of Tests and Criteria,\nFourth Revised Edition. When shipped by ground, air, or sea the batteries are\noffered as Class 9 lithium batteries (UN3090) pursuant to the applicable U.S. or\ninterational dangerous goods regulations.\ndevice or a portion of the product (a chassis or power base) it is SEGWAY's\nWhen these lithium ion batteries are incorporated into SEGWAY's mobility\nintention to classify these as Battery Powered Equipment (UN3171) under the U.S.\nhat contain the lithium ion battery appear to be excepted from regulation under th\nIMR. As Battery Powered Equipment, the mobility device, chassis, or power bas‹\nHMR when shipped by ground in the U.S. pursuant to 49 CFR 173.220(f)(1)\nTherefore, my frst question is as follows:\n1. Can SEGWAY's mobility device and related chassis and\nshipped by ground in the U.S. pursuaut to the exception at 49\npower base that contain two 36 g lithium ion batteries be\nCFR 173.220(1)(1)?\nSEGWAY also intends to ships its product by sea pursuant to the IMDG\nCode. After realizing the IMDG Code does not contain an entry for Battery\n\n<<>>\n\n03/29/2005\n16:03\nWILEY, KEIN, &HIELDING, LLN\n14TS0\nWiley Rein & Fielding uP\nMarch 18, 2005\nPage 2\nPowered Equipment (UN3171), I spoke to Mr. Manny Pfersich and Mr. Duane\nwould like to receive written confinnation from your office with regard to this\nmatter. My second question is as follows:\n2. Is SEGWAY's mobility device and related chassis and power\nbase that contain tavo 36 g lithium ion batteries and classified\nas Battery Powered Equipment (UN 3171) excepted from the\nrequirements of the IMDG Code?\n*\nThank you for your assistance with regard to these matters. I look forward\nto your reply.\n\"George A. Kerchner","truncated":false,"body_characters":5996}