{"operation":"document","citation":"08-0172","title":"National Electrical Manufacturers Association — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2008-09-10","effective_on":null,"summary":"08-0172 response to National Electrical Manufacturers Association concerning 173.185.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0172.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0172.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0172","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2008/080172.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Ave.. S E\nWashtngton DC 20590\nSEP 1 1 2008\nMr. Craig Updyke\nNational Electrical Manufacturers Association\n1300 North 1 7th street, Suite 1752\nRosslyn, VA 22209\nRef. No.: 08-0 172\nDear Mr. Updyke:\nThis is in response to your June 30,2008 letter concerning the packaging of lithium batteries\noffered for transportation by aircrafi under the Hazardous Materials Regulations (HMR; 49\nCFR Parts 171 - 180) and International Civil Aviation Organization Technical Instructions for\nthe Safe Transport of Dangerous Goods by Air (ICAO Technical Instructions).\nA provision contained in Packing Instruction 968 of the ICAO Technical Instructions 2009-\n2010 edition requires certain packages containing lithium cells or batteries to be capable of\nwithstanding a 1.2 meter drop test without shifting ofcontents that would allow battery to\nbattery (cell to cell) contact. You ask if this provision is intended to prohibit all contact\nbetween batteries while in transport or just contact that could lead to short circuiting.\nThe intent of this provision is to ensure a package containing lithium cells or batteries is\ncapable of withstanding in any orientation, a drop from a height of 1.2 meters while retaining\nthe cells or batteries in their original orientation. In your letter, you provide an example of\nAA batteries packed in a blister pack where the insulating jackets of the batteries contact\neach other but no contact between the conductive terminals occurs. Cells or batteries\nsecurely packed in this manner would meet the intent of the requirement.\nI hope this answers your inquiry.\nSincerely, ,\nHA J+j\nSusan Gorsky\nActing chief, Standards Development\nOffice of Hazardous Materials Standards\n\n<<<PAGE 2>>>\n\n-- ~\nSetting Standards for. Excellence\nKYLE PlTSOR\nVice President. Cove~nl~~erlt Relat~u~ra\nJune 30,2008\nMr. Charles E. Betts\nSenior Transportation Regulations Specialist\nOffice of Hazardous Materials Standards\nPipeline and Hazardous Materials Safety Administration\nU.S. Department of Transportation\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nDear Mr. Betts,\nI am writing on behalf of the Dry Battery Section of the National Electrical Manufacturers\nAssociation (NEMA) to request an official interpretation of a requirement contained in the 2009-\n2010 edition of the ICAO Technical Instructions. We are raising this inconsistency and\ninterpretation problem in advance of PHMSA's recognition of the 2009-2010 TIs in the U.S.\nHazardous Materials Regulations (HMR) and hope that our inquiry, your interpretation and our\nproposed text to rectify the situation can be integrated into PHMSA's adoption of the TIs.\nAt issue is the proper interpretation of a small but important portion of the new Packing\nInstruction 968 for lithium metal batteries.\nSpecifically, under \"Additional requirements\", the second sub-bullet of the section on the 1.2\nmeter drop-test specifies that the batteries should not touch (at all, that is, no \"battery to battery\n(cell to cell) contact\"). Is this the true intent, that the batteries should be completely isolated from\neach other, i.e., not only should the conductive terminals of the batteries not touch, but also\nshould the insulating jackets of AA batteries not be able to come in contact with each other in a\nblister pack? This interpretation is also important for shrink and volume packs of batteries. We\ndo not believe that the ICAO Dangerous Goods Panel intended to prohibit all contact between\nbatteries in transport, only contact that could lead to short circuiting.\nOn an attached page we have included some photographs of these types of packaging for your\nconsideration.\nNational Electrical\nManufacturers Association\n1300 North 17th Street. Suite 17-32\nRosslyn. VA 22209\n(703) 84 1 -3274\nFAX (703) 841 -3374\nk y I-pitsor@nerna.org\n\n<<<PAGE 3>>>\n\nTo aid in clarifying the matter and avoiding misinterpretation, we offer the text in question with\nnew suggested text in bold:\nAdditional requirements\nIn addition, the following new packaging and documentation requirements apply,\nexcept for when packaged in blister packs or with equipment:\nCells and batteries must be packed in inner packagings that completely enclose\nthe cell or battery.\nCells and batteries must be protected so as to prevent short circuits. This includes\nprotection against contact with conductive materials within the same packaging\nthat could lead to a short circuit.\nEach package must be capable of withstanding a 1.2 m drop test in any orientation\nwithout:\ndamage to cells or batteries contained therein;\nshifting of the contents so as to allow battery to battery (or cell to cell)\npositive-to-negative terminal contact;\nrelease of contents.\nSpecial Provision 188 already limits the number of batteries that can be packed with a device to\nthe number necessary to power the equipment.\nThank you for prompt consideration of this interpretation request and of the suggested text. I\nand our member companies look forward to your reply. Should you have questions or need more\ninformation about this request, please contact Craig Updyke of my staff at (703) 841-3294 or\ncra updyke@,nema.org.\nSincerely,\ncc: Robert Richard, Deputy Associate Administrator for Hazardous Materials Safety\nDuane Pfund, International Standards Coordinator\nJohn Gale, Standards Development Chief, Office of Hazardous Materials Standards\nattachment\n\n<<<PAGE 4>>>\n\nPhotos of Shrink, Blister and Volume Packs of AA Lithium Metal Batteries\nShrink Pack Blister Card\nVolume Pack","truncated":false,"body_characters":5578}