{"operation":"document","citation":"08-0006","title":"SIEMENS Building Technogies, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2008-03-25","effective_on":null,"summary":"08-0006 response to SIEMENS Building Technogies, Inc. concerning 172.102, 173.185.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0006.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0006.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0006","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2008/080006.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, D.C. 20590\nMAR 2 5 2008\nMr. Adam Jablonski\nSIEMENS Building Technologies, Inc.\n1000 Deerfield Parkway\nBuffalo Grove, IL 60089\nRef. No.: 08-0006\nDear Mr. Jablonski:\nThis is in response to your December 1 1,2008 letter regarding requirements applicable to the\ntransportation of lithium batteries installed in and packaged with equipment under the\nHazardous Materials Regulations (HMR; 49 CFR Parts 17 1-1 80) as amended in Docket\nHM-224C and HM-224E, published August 9,2007 (72 FR 44929). Specifically, you ask if\nthe exception from the prohibition on the transport of primary lithium batteries by passenger\naircraft under Special Provision 188 applies to batteries packaged with equipment.\nThe answer is yes. The exception from the prohibition on the transport of primary lithium\nbatteries by passenger aircraft in Special Provision 188 under paragraph a.(2) applies to\nbatteries packed \"in\" as well as \"with\" equipment.\nI hope this information is helpful. If you have further questions, please do not hesitate to\ncontact this office.\nHattie L. Mitchell\nChief, Regulatory Review and Reinvention\nOffice of Hazardous Materials Standards\n\n<<<PAGE 2>>>\n\nBuilding Technologies ( 0 (! k\nDecember 1 1,2007\nMr. John Gale\nOffice of Hazardous Materials Standards\nPipeline and Hazardous Materials Safety Administration\nU.S. Department of Transportation\n400 Seventh Street, S.W.\nWashington, DC 20590-0001\nSubject: Request for clarification of SP 188 regarding transportation of lithium batteries.\nDear Mr. Gale:\nEffective October 1,2008, SP188, [a][2][fl provides for exceptions from the requirements of [a][2][fl[l-41\nwhen batteries are contained /&equipment. Since [a][2][fl[4] is a sub clause of [a][2][fl and contains\nrequirements for batteries shipped equipment, it is unclear if the word referenced in [a][2][fl also\nincludes batteries that are shipped along WITH the equipment.\nOur products are shipped with the battery in either configuration:\n(1) The battery may be installed in the product in its final operating position (but disabled from\noperation). The product is then placed in a fiberboard container. or\n(2) The battery is separately packaged and taped to the end product or secured in the same\nfiberboard container as the final product.\nThe products are then placed in a larger fiberboard over pack, where there may be more than 12 products\n(batteries) in the over pack.\nThe way this is requirement is currently written, it would provide the exceptions for shipments containing\nbatteries in products. However, the same shipment having the batteries packed with the product instead of in\nthe product would need to meet the requirements when more than 12 batteries are included in the overall\npackage.\nOur questions is: Does the exception provided by SP188, [a][2][fl when batteries are shipped IN the product\nalso apply when batteries are shipped with the product?\nAdam Jablonski\nRegulatory Engineer\nSIEMENS Building Technologies, Inc.\n1000 Deerfield Parkway\nBuffalo Grove, Illinois 60089-4513 USA\nPh: (847) 941-5882\nFax: (866) 626-8622\nadam.jablonski@siemens.com\nSiemens Building Technologies, Inc.\n1000 Deerfield Parkway Phone (847) 941-5882\nBuffalo Grove. Illinois 60089 www.sbt.siemens.com","truncated":false,"body_characters":3339}