{"operation":"document","citation":"07-0202","title":"Department of the Navy, Naval Air Systems Command — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2007-12-07","effective_on":null,"summary":"07-0202 response to Department of the Navy, Naval Air Systems Command concerning 173.185.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-07-0202.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-07-0202.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-07-0202","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2007/070202.pdf","body":"<<>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety Administration\n1200 New Jersey Avenue, S.E.\nWashington, D.C. 20590\nMr. Joseph J. Krowitz\nDepartment of the Navy\nNaval Air Systems Command\nBuilding 2272, Room 350 NAS\n471 23 Buse Road\nPatuxent River, MD 20670- 1537\nRef. No.: 07-0202\nDear Mr. Krowitz:\nThis is in response to your October 15, 2007 letter regarding the transportation of primary\nlithium batteries contained in equipment under the Hazardous Materials Regulations (HMR; 49\nCFR Parts 171 -1 80). According to your letter, your equipment containing one or two primary\nlithium batteries is authorized for transport via passenger aircraft because it meets the exception\nspecified in Special Provision AlOl, in fj 172.102 of the HMR. You ask if the equipment\ndescribed in your letter must be shipped as a Class 9 material.\nThe answer is no. A piece of equipment containing a lithium battery must be transported as a\nClass 9 material if the battery contained therein is subject to the HMR as a Class 9 material.\nBased on the description in your letter, your batteries are excepted fiom the HMR; therefore, the\nequipment is not required to be shipped as a Class 9 material.\nI hope this information is helpfbl. If you have hrther questions, please do not hesitate to contact\nthis office.\nHattie L. Mitchell\nChief, Regulatory Review and Reinvention\nOffice of Hazardous Materials Standards\n\n<<>>\n\nLithium Battery Determination of Classification for Shipment\n?oI(d Page 1 of 3\nDrakeford, Carolyn \nSent: Monday, October 15,2007 10:14 AM\nTo : Drakeford, Carolyn \nCc: Gale, John \nSubject: FW: Lithium Battery Determination of Classification for Shipment\nAttachments: 72fr-44929.pdf; Spec Sheet LSH-14.pdf; Spec Sheet LS-26500.pdf\nFrom: Relerford, Darral \nSent: Monday, October 15, 2007 9:44 AIY\nTo: Pollack, Arthur < PHMSA>\nSubject: FW: Lithium Battery Determination of Classification for Shipment\nArthur, I think that this needs to be handled as a letter of interp.\na d J v\nU.S. 905 4 Speciae 9mtib and U p p d 9 M - 3 0\n1200 ~Veu +ey aclenue, S.&. 53+, J%hm &23-418\nwa6@wt, a.e. 20590\n5d: 202-366-0260\n$a: 202-366-3308\nFrom: Krowitz, Joseph 3. CIV 6.6.4.5 [mailto:Joseph.J.Krowitz@navy.mil]\nSent: Monday, October 15, 2007 7:49 AM\nTo: Relerford, Darral \nSubject: Lithium Battery Determination of Classification for Shipment\nMr. Relerford,\nPer our phonecon o f 10 October 2007, I have reviewed the Recently Published Final\nRulings from the HAZMAT.DOT.GOV website f o r 49 CFR Parts 171,172,173, and 175.\nThe following are my conclusions:\nPart 171.12 North American Shipments\n(a)(6) Primary Lithium Batteries and Cells. The last sentence of this paragraph states,\n\"The provisions o f this paragraph do not apply t o packages that contain 5kg (11 pounds)\nnet weight o r less o f primary lithium batteries cells that are contained in o r packaged\nwith equipment.\"\nComment: Our equipment contains one o r two batteries, each weighing no more than 1.8\noz. Maximum total battery weight is 3.4 oz. The batteries are installed in the\nequipment. Therefore we meet the requirements o f this paragraph.\n\n<<>>\n\nLithium Battery Determination of Classification for Shipment Page 2 of 3\nPart 171.24 Additional requirements for the use of the ICAO technical instructions\n(d)(l)(ii) Primary Lithium Batteries and Cells. The second sentence of this paragraph\nstates, \"Equipment containing or packed with primary lithium batteries or cells are\nforbidden for transport aboard passenger carrying aircraft except as provided in\n172.102, Special Provisions A101 of this subchapter.\"\nPart 172.102 Special Provisions A101 states, \"A primary lithium battery or cell packed\nwith or contained in equipment is forbidden for transport aboard a passenger carrying\naircraft unless the equipment and the battery conform to the following provisions and\nthe package contains no more than the number of lithium batteries or cells necessary to\npower the intended piece of equipment:\"\nComment: Our equipment only carries the number of batteries required to power the\nequipment, as determined by the manufacturer.\n\"(1) The lithium content of each cell, when fully charged, is not more than 5 grams.\"\nComment: Our batteries contain no more than 2.0 grams per battery.\n\"(2) The aggregate lithium content of the anode of each battery, when fully charged, is\nno more than 25 grams.\"\nComment: Once again, our batteries contain no more than 2.0 grams per battery.\n\"(3) The net weight of lithium batteries does not exceed 5kg (11 pounds).\"\nComment: The maximum total weight of batteries for either unit is no more than 3.4 oz.\nBased on the findings described above, it is my understanding that shipment of our\nequipment with the lithium batteries installed does not constitute a hazard for transport\naboard passenger carrying aircraft and are not required to be marked \"PRIMARY\nLITHIUM BATTERIES - FORBIDDEN FOR TRANSPORT ABOARD PASSENGER\nAIRCRAFT.\" I would also like to know, if this is correct, does this also exempt the\nequipment from being classified as Class 9 material or is still Class 9 because it does\ncontain lithium batteries regardless of the amount of lithium.\nAs competent authority f o r the requirements of lithium battery shipment, we\nrequest you provide a final determination on the requirements f o r shipment of our\nequipment with the lithium batteries installed.\n<<72fr-44929.pdf>> <> <>\n\n<<>>\n\nLithium Battery Determination of Classification for Shipment\nPage 3 of 3\nJoe Krowitz\nPMA-209\nNav Systems DAPML\n(301) 757-6724\nDSN: 757-6724\n\n<<>>\n\nDrakeford, Carolyn \nFull Name:\nLast Name:\nFirst Name:\nBusiness Address:\nRay Faucheux\nFaucheux\nRay\n5240 Coffee Drive\nNew Orleans, La. 701 15\nUNITED STATES\n896-7800 ext. 120\n(504)382-4161\nBusiness:\nMobile:\nE-mail:\nE-mail Display As:","truncated":false,"body_characters":5904}