SIEMENS Building Technogies, Inc. — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue, SE Washington, D.C. 20590 MAR 2 5 2008 Mr. Adam Jablonski SIEMENS Building Technologies, Inc. 1000 Deerfield Parkway Buffalo Grove, IL 60089 Ref. No.: 08-0006 Dear Mr. Jablonski: This is in response to your December 1 1,2008 letter regarding requirements applicable to the transportation of lithium batteries installed in and packaged with equipment under the Hazardous Materials Regulations (HMR; 49 CFR Parts 17 1-1 80) as amended in Docket HM-224C and HM-224E, published August 9,2007 (72 FR 44929). Specifically, you ask if the exception from the prohibition on the transport of primary lithium batteries by passenger aircraft under Special Provision 188 applies to batteries packaged with equipment. The answer is yes. The exception from the prohibition on the transport of primary lithium batteries by passenger aircraft in Special Provision 188 under paragraph a.(2) applies to batteries packed "in" as well as "with" equipment. I hope this information is helpful. If you have further questions, please do not hesitate to contact this office. Hattie L. Mitchell Chief, Regulatory Review and Reinvention Office of Hazardous Materials Standards#

Page 2Building Technologies ( 0 (! k December 1 1,2007 Mr. John Gale Office of Hazardous Materials Standards Pipeline and Hazardous Materials Safety Administration U.S. Department of Transportation 400 Seventh Street, S.W. Washington, DC 20590-0001 Subject: Request for clarification of SP 188 regarding transportation of lithium batteries. Dear Mr. Gale: Effective October 1,2008, SP188, [a][2][fl provides for exceptions from the requirements of [a][2][fl[l-41 when batteries are contained /&equipment. Since [a][2][fl[4] is a sub clause of [a][2][fl and contains requirements for batteries shipped equipment, it is unclear if the word referenced in [a][2][fl also includes batteries that are shipped along WITH the equipment. Our products are shipped with the battery in either configuration: (1) The battery may be installed in the product in its final operating position (but disabled from operation). The product is then placed in a fiberboard container. or (2) The battery is separately packaged and taped to the end product or secured in the same fiberboard container as the final product. The products are then placed in a larger fiberboard over pack, where there may be more than 12 products (batteries) in the over pack. The way this is requirement is currently written, it would provide the exceptions for shipments containing batteries in products. However, the same shipment having the batteries packed with the product instead of in the product would need to meet the requirements when more than 12 batteries are included in the overall package. Our questions is: Does the exception provided by SP188, [a][2][fl when batteries are shipped IN the product also apply when batteries are shipped with the product? Adam Jablonski Regulatory Engineer SIEMENS Building Technologies, Inc. 1000 Deerfield Parkway Buffalo Grove, Illinois 60089-4513 USA Ph: (847) 941-5882 Fax: (866) 626-8622 adam.jablonski@siemens.com Siemens Building Technologies, Inc. 1000 Deerfield Parkway Phone (847) 941-5882 Buffalo Grove. Illinois 60089 www.sbt.siemens.com#