National Electrical Manufacturers Association — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Ave., SE Washington. DC 20590 Mr. Kyle Pitsor National Electrical Manufacturers Association 1300 North 1 7th street, Suite 1752 Rosslyn, VA 22209 Ref. No.: 08-0267 Dear Mr. Pitsor: This is in response to your October 24,2008 letter concerning the marking and labeling requirements for lithium metal batteries offered for transportation by aircraft under the Hazardous Materials Regulations (HMR; 49 CFR Parts 17 1 - 1 80) and International Civil Aviation Organization Technical Instructions for the Safe Transport of Dangerous Goods by Air (ICAO Technical Instructions). You ask if you may incorporate the language shown below into a "lithium battery" handling label while maintaining compliance with the HMR and ICAO Technical Instructions. The ICAO Technical Instructions (2009-20 10) edition require certain packages containing lithium cells or batteries to bear a "lithium battery" handling label. At the same time, the HMR require the outside of each package containing primary (non-rechargeable) lithium batteries or cells to be marked "PRIMARY LITHIUM BATTERIES-FORBIDDEN FOR TRANSPORT ABOARD PASSENGER AIRCRAFT" or "LITHIUM METAL BATTERIES-FORBIDDEN FOR TRANSPORT ABOARD PASSENGER AIRCRAFT" on a background of contrasting color, in letters: (i) At least 12 mm (0.5 inch) in height on packages having a gross mass of more than 30 kg (66 pounds); or (ii) At least 6 mm (0.25 inch) on packages having a gross mass of 30 kg (66 pounds) or less. Provided the package is marked as described above, the language required by the HMR may appear on a "lithium battery" handling label. The ICAO Technical Instructions are silent on#

Page 2modifications to handling labels, but for other labels, minor variations that do not affect the obvious meaning of the label are acceptable. I hope this answers your inquiry. ~;~~~~ Charles E. Betts Standards Development of Hazardous Materials Standards#

Page 3Setting Standards for Excellence KYLE PITSOR Vice President. G o v e ~ n n l e n t Relatiolr3 October 24, 2008 Mr. Charles E. Betts Senior Transportation Regulations Specialist Office of Hazardous Materials Standards Pipeline and Hazardous Materials Safety Administration U.S. Department of Transportation 1200 New Jersey Avenue, SE Washington, DC 20590 Dear Mr. Betts, I am writing on behalf of the Dry Battery Section of the National Electrical Manufacturers Association (NEMA) to request an official interpretation of the labeling requirements for lithium metal batteries to be carried by aircraft. As you are aware, the 2009-20 10 edition of the ICAO Technical Instructions (TIs) includes a new "lithium battery handling label." The TIs also allow lithium metal batteries to be transported via passenger aircraft in excepted quantities of 2.5 kilograms per package or as fully regulated Class dangerous goods in packages limited to 35 kilograms. At the same time, DOTPHMSA maintains the requirement that no lithium metal batteries may be carried as cargo on passenger aircraft within the U.S. and that each package must be marked "LITHIUM METAL BATTERIES - FORBIDDEN FOR TRANSPORT ABOARD PASSENGER AIRCRAFT". On the attached page we offer a suggestion for a combined label for your review and interpretation as to its consistency with ICAO Technical Instructions and DOT Hazardous Materials Relations. Thank you in advance for your consideration and response. Should you have questions or need more information about this request, please contact Craig Updyke of my staff at (703) 841-3294 or cra updvkeCi?nema.org. Sincerely, attachment National Electrical Manufacturers Association 1300 North 17th Street. Suite 1752 Rosslyn. VA 22209 (703) 84 1 - 3274 FAX (703) 841 -3374 kyl-pitsor@nema.org#

Page 4CAUTION! IF DaUQGED LITHIUM METAL BAlTERIES - FORBIDDEN FOR TRANSPORT ABOARD PASSENGER AIRCRAFT (USA ONLY) 8 $ h DO NOT L O D OR TmSPQ)RT $ PACKAGE IF DAWGED $ \ b 1-800-424-9300 (North America) '0' mow information, + 1-703,27-3887 ,nternationa, Dimensions: 120 x 110 mm (4.75 inches x 4.35 inches) Border color: Red on a contrasting background Pictogram colors: Glass, batteries, and flame can be black#