{"operation":"document","citation":"06-0216","title":"Wiley Rein and Feuding LLP — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2006-10-02","effective_on":null,"summary":"06-0216 response to Wiley Rein and Feuding LLP concerning 171.2, 173.185.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0216.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0216.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0216","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2006/060216.pdf","body":"<<<PAGE 1>>>\n\nJ.S. Depanment\nof Transportation\nWashington, D.C. 20590\n400 Seventh Street, S.W.\nipeline and Hazardou\nlaterials Safety Administratio\nOCT 2 2006\nMr. George A. Kerchner\nRef. No.: 06-0216\nWiley Rein and Feilding LLP\n1776 K Street, NW\nWashington, DC 20006\nDear Mr. Kerchner:\nlithium batteries and cells under the International Maritime Dangerous Goods Code (IMDG\nThis is in response to your September 25, 2006 letter regarding clarification of exceptions for\nSpecial Provision 188 of the IMDG Code is subject to marking, labeling, placarding, and\nCode). Specifically you ask if a shipment of lithium-ion batteries meeting all the requirements of\nshipping papers of the IMDG Code as a Class 9.\nThe answer is no. In accordance with Special Provision 188 of the IMDG Code lithium-ion cells\nand batteries are not subject to other provision of the IMDG Code if they meet all of the\nfollowing requirements:\n(1) Each lithium-ion cell may contain not more than 1.5 g of equivalent lithium content;\n(2) Each lithium-ion battery may contain an aggregate quantity of not more than 8.0\ngrams of equivalent lithium content;\n(3) Each cell or battery is of the type proved to meet the requirements of each test in the\nUN Manual of Tests and Criteria, Part III, sub-section 38.3;\n(4) Cells and batteries must be packed in such a way so as to prevent short circuits and\nmust be packed in strong packagings, except when installed in equipment; and\n(5) Except when installed in equipment, each package containing more than 24 lithium\ncells or 12 lithium batteries must meet the following additional requirements:\n(a) Each package must be marked indicating that it contains lithium batteries and\nthat special procedures must be followed in the event that the package is\ndamaged;\n(b) Each shipment must be accompanied with a document indicating that\npackages contain lithium batteries and that special procedures must be\nfollowed in the event a package is damaged;\n17/.2\n060216\n173.185\n\n<<<PAGE 2>>>\n\n(c) Each package is capable of withstanding a 1.2 m drop test in any orientation\nwithout damage to cells or batteries contained therein, without shifting of the\ncontents so as to allow battery to (or cell to cell) contact and without release\n(d) Except for lithium batteries packed with equipment, packages may not exceed\n30 kg gross mass.\nAs provided by § 171.12, a hazardous material that is packaged, marked, classed, labeled,\nplacarded, described, stowed and segregated, and certified in accordance with the IMDG Code\nmay be offered and accepted for transportation and transported within the United States subject\nto certain conditions and limitations.\nI hope this information is helpful. Please contact us if you require additional assistance.\nSincerely,\n( Chief, Standards Development\nOffice of Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\nPollack\nW\nWiley Rein & Fielding LLP\n8173:185\nLithium Batteries\n06-0216\n1776 K STREET NW\nPHONE\nWASHINGTON, DC 20006\nSeptember 25, 2006\n202.719.4109\nGeorge Kerchner\nFAX\n202.719.7000\ngkerchner@wrf.com\n202.719.7049\n7925 JONES BRANCH DRIVE\nVirginia Office\nMr. John Gale\nMCLEAN, VA 22102\nSUITE 6200\nOffice of Hazardous Materials\nPipeline and Hazardous Materials Safety Administration\nFAX\nPHONE\n703.905.2800\nU.S. Department of Transportation\n703.905.2820\n400 7 Street, SW\nWashington, DC\nwww.wrf.com\nRe: Special Provision 188 of the IMDG Code\nDear Mr. Gale:\nI am writing to request an interpretation on the applicability of Special Provision\n188 of the International Maritime Dangerous Goods (IMDG) Code as it pertains to\nshipments of lithium ion batteries. I am requesting this interpretation because of a\ndisagreement between our client and a vessel operator over how Special Provision\n188 applies to such shipments.\nrequirements of Special Provision 188 of the IMDG Code do not have to be offered\nIt is our understanding that shipments of lithium ion batteries that meet all of the\ninsists that regardless of whether a shipment of lithium ion batteries meets the\nto a vessel operator as Class 9 dangerous goods. However, the vessel operator\nrequirements of Special Provision 188 that shipment must still be offered as Class 9\ndangerous goods.\nTherefore, my question is as follows:\nIf a shipment of lithium ion batteries meets all of the requirements of Special\nProvision 188 in the IMDG Code, must that shipment be marked, labeled,\ndangerous goods shipper's declaration?\nplacarded, and offered as Class 9 dangerous goods and accompanied by a\nThank you for your assistance.\nSincerely,\nGeorge A Korchnar\nGeorge A. Kerchner\ncc: Greg Schulz","truncated":false,"body_characters":4567}