{"operation":"document","citation":"10-0080","title":"Swatch Group — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2011-02-23","effective_on":null,"summary":"10-0080 response to Swatch Group concerning 173.185.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0080.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0080.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0080","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2010/100080.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department of Transportation Pipeline and Hazardous Materials\nSafety Administration\n1 200 New Jersey Ave, SE\nWashington, D.C. 20590\nFEB 23 2011\nMr. Thomas Affolter\nSwatch Group\nBozingenstrasse 9\nCH-2502 Biel\nRef. No.: 10-0080\nDear Mr. Affolter:\nThis is in response to your letter dated March 18, 2010 concerning the aircraft quantity limitations\nofthe Hazardous Material Regulations (HMR; 49 CFR Parts 171-180) applicable to small\nprimary (non-rechargeable) lithium batteries contained in equipment. In your letter, you made\nseveral references to a document produced by the Pipeline and Hazardous Materials Safety\nAdministration titled \"Shipping Batteries Safely by Air; What you need to know\" (the attached\nguide). Your questions have been paraphrased and answered as follows:\nQ1. You referenced an excerpt from page 11 ofthe guide that reads \"Primary (non-rechargeable)\nlithium cells and batteries are forbidden for transport aboard passenger carrying aircraft.\" May\nprimary lithium cells and batteries that conform to § 172.1 02{c), Special Provision 188 be\ntransported as cargo aboard passenger carrying aircraft without additional markings or labels\nprovided the packages contain less than 5 kg net weight of lithium batteries?\nA1. The statement on page 11 ofthe guide refers to primary lithium cells and batteries packaged\nwithout equipment as illustrated on page 10 ofthe guide. Primary lithium cells and batteries are\nforbidden for transport aboard passenger carrying aircraft regardless of quantity.\nPrimary lithium cells or batteries packed with or contained in equipment are permitted for\ntransport aboard a passenger carrying aircraft provided the equipment and the cell{s) or\nbattery{ies) conform to the following provisions and the package contains no more than the\nnumber of lithium cells or batteries necessary to power the intended piece of equipment:\n1. 2. 3. The lithium content ofeach cell, when fully charged, is not more than 5 grams.\nThe aggregate lithium content ofthe anode ofeach battery, when fully charged, is not\nmore than 25 grams.\nThe net weight oflithium batteries does not exceed 5 kg (11 lbs).\nQ2. An excerpt from page 23 of the guide reads \"Batteries packed in equipment may not exceed\ncertain weight limits: Lithium batteries in equipment: 5 kg net (passenger air/rail), 35 kg net\n\n<<<PAGE 2>>>\n\n(cargo air).\" Do the HMR impose aircraft quantity limits for lithium cells or batteries contained\nin equipment prepared for transport in accordance with the applicable provisionS of Special\nProvision 188?\nA2. The quantity limits specified on page 23 of the guide refer to packages containing lithium\ncells and batteries that are not prepared in accordance with the applicable provisions of Special\nProvision 188. Quantity and weight limits for packages prepared in accordance with Special\nProvision 188 are imposed as a condition of the exception. For example, packages containing\nprimary lithium batteries contained in equipment are excepted from certain marking requirements\nprovided the package contains 5 kg (11 lb) net weight or less of lithium cells or batteries and the\npackage contains no more than the number of lithium cells or batteries necessary to power the\npiece of equipment.\nI hope this answers your inquiry. If you have further questions, please do not hesitate to contact\nthis office.\nSincerely,\ngV'~~\nBenSupko\nActing Chief, Standards Development Branch\nStandards and Rulemaking Division\nEnclosure\n\n<<<PAGE 3>>>\n\nLea.ru\n•• c 0 J\nSWATCH GROUP 43 173,19-:;,\n'S>172..· 1(J2 sf/~8\nL.i~ H-¥f! i3a Hef'\"tes\nOffice of Hazardous Materials Standards 10 . 008 0\nPipeline and Hazardous Materials Safety Administration\nAttn: PHH10\nU.S. Department of Transportation\nEast Building, 2nd Floor\n1200 New Jersey Ave., SE\nWashington, DC 20590\nBienne, 18th of March 2010\nDear Madam, dear Sir,\nIn accordance with 49 CFR 105.20, we kindly ask for a DOT formal guidance regarding the\ntransport of small lithium cells on their own or contained in equipment (in our case: wrist watches).\nAfter consulting the DOT Safe Travel information document \"Shipping batteries safely by air\" that is\navailable on PHMSA internet site (no date on the document, but the reference PHH50-0107-0109\non its last page), we need the following two clarifications on this document:\nQuestion 1. Page 11: \"Primary (non-rechargeable) lithium batteries and cells are forbidden for\ntransport aboard passenger carrying aircraft as cargo.\"\nFrom our understanding, this is not completely true because according to Special Provision 188 of\nCFR 49, 172.02, it is indicated under (a)(2) that:\n\"The provisions of paragraph (a)(1) do not apply to packages that contain 5 kg (11 pounds) net\nweight or less of primary lithium batteries ...\"\nWe understand that \"Small lithium cells and batteries\" conforming to all provisions of Special\nProvision 188 can be transported as cargo in passenger carrying aircrafts, provided that the\npackages contain less than 5 kg net weight of lithium batteries. Furthermore these packages of\ncourse do not need the label \"PRIMARY LITHIUM BATTERIES-FORBIDDEN FOR TRANSPORT\nABOARD PASSENGER AIRCRAFT\".\nCan you please confirm that our understanding is correct?\nQuestion 2. Page 23: \"Batteries packed in equipment may not exceed certain weight limits:\nLithium batteries in equipment: 5kg net (passenger air/rail), 35kg net (cargo air).\"\nFrom our understanding, these two limits (except for rail) are drawn from the packing instruction PI\n970 from lATA 51st edition, 2010, for fully regulated (Section I of PI 970) lithium batteries or cells\ncontained in equipment.\nHowever it is not explained in your document that the 35 kg net limit for cargo air is not applicable\nfor excepted lithium batteries, i.e. for batteries shipped in conformity with Section II of PI 970.\nFrom our understanding, small \"excepted\" lithium cells contained in equipment are not forbidden\nwhen transported as cargo in passenger aircraft in the US and there is no weight limit in this case\nor in the case of transport by air cargo for these cells .\n..... IIAI I~ I\\IIAI\\.IA,....~I\\.II~I\\.I\"T\"\n\n<<<PAGE 4>>>\n\n• • c ()\nSWATCH GRDUP\nCan you please confirm that our understanding is correct?\nThank you for your time and consideration.\nBest regards,\nter\ndivision of The Swatch Group\nManagement Services Ltd\nBozingenstrasse 9\nCH - 2502 Biel/Bienne\nphone: + 41 (0)32 343 88 09\nfax: + 41 (0)323439462\nthomas.affolter@qm.swatchgroup.com\n.....1. AI ,\"'\"\", ftliA 1\\1 A,....-ftAI\"\"A ...","truncated":false,"body_characters":6482}