Lockheed Martin - Sippican — Hazardous Materials Safety Interpretation

Page 11200 New Jersey Avenue SE u.s. Department Washington. DC 20590 of Transportation Pipeline and Hazardous Materials Safety Administration OCT 2 7 2D11 Mr. Matthew Sears EHS Department Lockheed Mar tin - Sippican 7 Barnabas Rd. Marion, MA 02738 Ref. No.: 11-0223 Dear Mr. Sears: This responds to your September 1, 2011 request for clarification on use of an overpack for the shipment of lithium batteries under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically you ask ifthe 35 kg weight limitation for lithium metal batteries contained in equipment, UN3091 , in column 9B ofthe § 172.101 hazardous materials table and packing instruction 970 ofthe International Civil Aviation Organizations Technical Instructions for the Safe Transport ofDangerous Goods by Air (ICAO Technical Instructions) apply to the weight of individual packages or to the gross weight of all packages contained on the pallet. The quantity limitations in the HMR apply to the weight of lithium batteries per package. The quantity limitations in the 2011-2012 ICAO Technical Instructions apply to the weight of lithium batteries per piece ofequipment. Multiple packages consolidated onto a pallet would constitute an overpack as defined by the HMR and the ICAO Technical Instructions, and the gross weight ofthe overpack may exceed 35 kg. I hope this answers your inquiry. If you need additional assistance, please contact the Standards and Rulemaking Division at (202) 366-8553. Sincerely, BenSupko Acting Chief, Standards Development Standards and Rulemaking Division#

Page 2Lockheed Marrin Sippican, Inc. Seven Barnabas Road Marion, MA 02738 Telephone 508·748·1160 Darral Relerford Special Pennits and Approvals PHH-31 PHMSA U.S Department ofTransportation 1200 New Jersey Ave SE East Building, Room E23-418 Washington, DC 20590 Re: Lockheed Martin Sippican, Inc. - Request for interpretation to ship lithium metal batteries contained in equipment UN 3091 without a Competent Authority Approval Letter . Dear Mr. Relerford: On behalf of Lockheed Martin Sippican, Inc. (Lockheed), we are writing you to request an interpretation, so that we would be able to ship lithium metal batteries contained in equipment UN 3091. without an Competent Authority Approval Letter but instead foHow the proper shipping requirements as outlined in 49 CFR 172.101, ICAO packing instruction 970 and 49 CFR 173.25 Lockheed consolidates an individually packaged product (EMA TT) contained within a UN approved package and marked accordingly, and then secures it onto a pallet with straps tor ease of transportation. Depending on the needs of our customers we may ship one (1) individually packaged EMA TT, or up to thirty-six (36) individually pack<\ged EMATTs on a pallet. Each EMATT weighs (including packaging) 15.9 kg and contains .0810 kg oflithiwn in a lithium metal battery pack. The battery pack is also UN tested and contains all of the required safety features including diodes and fuses. Lockheed would like to confirm our interpretation of 49 CFR 173.25 which we understand that when a pallet is used to consolidate packages it is considered to be an overpack and is not subject to a 35 kg weight limitation. Therefore we wOl,lld not be required to have a Competent Authority approval to ship EMA TIs. Also attached is a June 28, 2007 interpretation letter which we beHeve applies to our situation. However we wanted to confinn with your off1ce that we will he shipping EMA TTs proper1y.#

Page 3Should you have any additional questions, please do not hesitate to call me at (774) 553 6584 or write me at the address above. ~_~_~rely, \) \ V \;J~ ..Q~-- Matthew Sears Environmental, Health, and Safety Engineer Attacrhment#