{"operation":"document","citation":"07-0199","title":"Department of Defense Explosive Safety Board — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2008-03-28","effective_on":null,"summary":"07-0199 response to Department of Defense Explosive Safety Board concerning 173.185.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-07-0199.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-07-0199.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-07-0199","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2007/070199.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety Administration\nMAR 2 8 2303\n1200 New Jersey Avenue, S.E.\nWashington, D.C. 20590\nMr. Curtis M. Bowling\nDepartment of Defense Explosive Safety Board\n246 1 Eisenhower Avenue\nAlexandria, VA 2233 1-0600\nRef. No.: 07-0 199\nDear Mr. Bowling:\nThis is in response to your October 1 1, 2007 letter regarding testing requirements for lithium\nbatteries under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171 -1 80). Your\nquestions are paraphrased and answered as follows:\nQ1. If a manufacturer ships a small production run of batteries to the Department of\nDefense (DoD) and DoD incorporates the batteries into a device, must DoD test the\nbatteries before offering the device for transportation?\nAl. No. Subsequent shipments of small production run batteries may be shipped under\nSpecial Provision 29. You should be aware that the exception for small production\nruns in Special Provision 29 does not apply to transportation by aircraft. Therefore, if\nDoD intends to ship the devices via commercial aircraft, testing of the batteries is\nrequired.\n42. When transporting a device classified as an explosive that contains a primary lithium\nbattery, do the new marking requirements for lithium batteries apply as amended in\nDocket HM-224C and HM-224E, published August 9,2007 (72 FR 44929)?\nA2. A device that contains an explosive must be examined and approved by the Associate\nAdministrator for Hazardous Materials Safety in accordance with 8 173.56(b). In the\nfuture, approvals issued by the Associate Administrator for devices containing\nexplosives and lithium batteries will specify the marking requirements. Effective\nOctober 1, 2008, packages containing small lithium cells and batteries must be marked\nin accordance with Special Provision 188, including those classified by the DoD in\naccordance with 5 173.56(b)(2).\n43. DoD has a device containing an explosive and a small lithium battery. The device was\nexamined and determined to be non-regulated based on the size of the battery. Is DoD\nrequired to perform UN testing on the battery device based on the new requirements\npromulgated under Docket HM-224C?\n\n<<<PAGE 2>>>\n\nA3. Yes. In accordance with Special Provision 188, effective October 1,2009, the battery\nmust be of a type proven to meet the requirements of each test in the UN Manual of\nTests and Criteria for transport as Class 9 or excepted.\nI hope this information is helpful. If you have further questions, please do not hesitate to\ncontact this office.\nSincerely.\nHattie L. Mitchell\nChief, Regulatory Review and Reinvention\nOffice of Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\n0173.18?\nLt~LLI/M/Urrr\nDEPARTMENT OF DEFENSE EXPLOSIVES SAFETY BOARD\n2461 EISENHOWER AVENUE 07-0 197\nALEXANDRIA, VIRGINIA 22331-0600\nDDESB-PD\nMEMORANDUM FOR U.S. DEPARTMENT OF TRANSPORTATION, PIPELINE AND\nHAZARDOUS MATERIALS SAFETY ADMINISTRATION, OFFICE\nOF HAZARDOUS MATERIAL STANDARDS, 400 SEVENTH\nSTREET, SW , WASHINGTON, DC 20590-0001 (ATTN: MR.\nEdward Mazullo)\nSUBJECT: Transportation of Lithium Batteries\nReference: (a) Federal Register: August 9, 2007, Volume 72, Number 153, Hazardous Materials;\nTransportation of Lithium Batteries; Final Rule\nThe Department of Defense Explosives Safety Board (DDESB) has reviewed reference (a)\nand requests clarification concerning the following:\n1. Special Provision 29 (SP 29)-What is the definition of a production run? Based on\nreference (a) page 44936 we interpret a production run to be from 100 to 1,000 batteries. Is this\ncorrect? DoD may purchase small quantities of lithium batteries for use in research and\ndevelopment pieces of equipment. If the battery manufacturer used SP 29 (which does not\nrequire testing) for transportation, does DoD become responsible for meeting the UN Test\nrequirements since the battery is now integrated in a DoD system?\n2. Labeling Requirements-DoD may classify a system that contains both a primary lithium\nbattery as a Class 1. Is lithium battery labeling required in these instances? If so, what label?\n3. Testing Requirements-If we have an explosive item that contains a primary lithium battery\nas one of the subcomponents and the battery was previously classified as non-regulated, is the\nDoD now responsible for ensuring that the battery is tested in accordance with the UN tests?\nThank you for your attention to this matter. If you have any questions, please contact Dr\nJosephine Covino, Safety Engineer, Policy Development Division Department of Defense\nExplosives Safety Board Room 856C, Hoffman Building I2461 Eisenhower Avenue\nAlexandria,VA 2233 1-0600.Her phone number is 703-325-8625 and her e-mail is\nJosephine. Covino@DDESB. OSD. MIL.\nCURTIS M. BOWLING\nActing Chairman\nDDESB\n\n<<<PAGE 4>>>\n\ncc:\nUSATCES (S JMAC-EST)\nHQ AFSC (SEWCH)\nNOSSA (N821)","truncated":false,"body_characters":4822}