{"operation":"document","citation":"11-0288","title":"Diamon-Fusion International, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2012-05-16","effective_on":null,"summary":"11-0288 response to Diamon-Fusion International, Inc. concerning 171.22, 172.101.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0288.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0288.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0288","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2011/110288.pdf","body":"<<>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, D.C. 20590\nMAY 1 6 2012\nSandra Harding\n3741 Eight Mile Road\nMelbourne, KY 41059\nReference No.: 11-0288\nDear Ms. Harding:\nThis is in response to your November 15, 2011 email requesting clarification of the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) as they pertain to\nshipments of battery powered vehicles or equipment, UN 3171. You describe a scenario\nwhere a lithium battery powered vehicle with an untested or prototype battery is offered for\ntransportation in full compliance with the ICAO Technical Instructions aboard a United\nStates registered aircraft operating point to point outside of the United States. Packaging\ninstruction 952 of the ICAO Technical Instructions requires approval only from the State of\nOrigin for shipments of battery powered vehicles or equipment, UN 3171, containing a\nprototype battery that has not been tested in accordance with the UN Manual of Tests and\nCriteria. Specifically you ask if this shipment requires a Competent Authority Approval\nfrom the United States in addition to the approval from the State of Origin.\nThe answer to your question is yes. Section 171.24 provides additional requirements for the\nuse of the ICAO Technical Instructions. Additional requirements for shipments of prototype\nlithium batteries and cells are outlined in § 171.24 ( d)(1 )(iii) which states that prototype\nlithium batteries and cells are forbidden aboard passenger aircraft and must be approved by\nthe Associate Administrator prior to transportation aboard cargo aircraft in accordance with\nthe requirements of Special Provision A55. While the packaging conditions set forth in\nSpecial Provision A55 are specific to shipments of standalone batteries, the requirement to\nreceive US Competent Authority Approval in§ 171.24 (d)(1)(iii) does not make a\ndistinction between stand-alone prototype batteries and prototype batteries that have been\ninstalled in a vehicle. The general provisions or packaging requirements PHMSA requires\n\n<<>>\n\nfor shipments of lithium l;Jattery powered vehicles may differ from the provisions stated in\nA55. A shipment of a lithium battery powered vehicle with an untested or prototype battery\noffered for transportation on cargo aircraft in full compliance with the ICAO Technical\nInstructions aboard a United States registered aircraft operating point to point outside of the\nUnited States must receive a US Competent Authority Approval as stated in\n§ 171.24(d)(l)(iii).\nI hope this satisfies your inquiry. Please contact us if we can be of further assistance.\nsp; __ ,_...,.\nDelmer Billings\nSenior Regulatory Advisor\nStandards and Rulemaking Division\n\n<<>>\n\nDrakeford, Carolyn (PHMSA)\nFrom:\nSent:\nTo:\nCc:\nSubject:\nKelley, Shane (PHMSA)\nThursday, November 17, 2011 5:02PM\nDrakeford, Carolyn (PHMSA)\nBetts, Charles (PHMSA); Supko, Ben (PHMSA)\nFW: HELP! please\n11\\leb b\n~17/. 2lf\n§)13.'2.20\n-reAD\nl[-029~\n-----Original Message-----\nFrom: Sandra Harding [mailto:sharding29@gmail.com]\nSent: Thursday, November 17, 2011 10:S2 AM\nTo: Kelley, Shane (PHMSA)\nSubject: Re: HELP! please\nHi Shane,\nWhile referenced consignment has unfortunately been rejected for carriage due to U.S.\nrestrictions, I would still like to receive interpretation on this issue - will you follow\nthis up or should I initiate a request?\nthanks\nSandra\n----- Original Message -----\nFrom: \nTo: \nSent: Tuesday, November 1S, 2011 1:36 PM\nSubject: RE: HELP! please\nSandra you raise an excellent question. We may need to route this through our interpretation\nprocess and coordinate with FAA on a response, as the view you are taking would mean any\nstate of origin authority could approve without a PHMSA review. I will discuss with others\nin the office and advise soonest.\nFrom: Sandra Harding [mailto:sharding29@gmail.com]\nSent: Tue 11/1S/2011 1:20 PM\nTo: Kelley, Shane (PHMSA)\nSubject: HELP! please\nHi Shane,\nI have a somewhat urgent question that I need your help with - It is in reference to vehicles\n:w..==~~s=======rrew-emim'•walm®fM~\nHazmat info center advises that U.S. Approval is required, but want to double check with you\nbecause:\nA. ICAO Packing Instruction 9S2 requires approval of State of Origin (German LBA -\nobtained).\nB. 49 CFR 171.24 and ICAO Variation US-01 require Approval for untested lithium batteries\nbeing transported lAW SP ASS (49CFR) or A88 (ICAO); however, both of these special provisions\napply to batteries being transported separately, rather than installed in vehicles.\n1\n\n<<>>\n\nC. 49 CFR 173.220(d) does state that U.S. approval is required for untested batteries\nin~talled in vehicles, yet this requirement is not cited where use of the ICAO TI is\nreferenced.\nCan you help, please?????\nThank you!\nSandra Harding\n2","truncated":false,"body_characters":4890}