Wiley Rein LLP — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Av.enue SE Washington. DC 20590 MAY 0 9 2G12 Mr. George Kerchner Senior Regulatory Analyst Wiley Rein LLP 1776 K Street, NW Washington, DC 20006 Ref. No. 12-0031 Dear Mr. Kerchner: This responds to your January 24, 2012 email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) and the International Civil Aviation Organization Technical Instructions for the Safe Transport of Dangerous Goods by Air (ICAO Technical Instructions) applicable to the transport of lithium batteries. Your questions are paraphrased and answered below: Q 1: May a lithium battery be placed directly into a UN 4G fiberboard box without any inner packaging in accordance with the requirements of§ 173.185(a)(4)? A1: No. As provided by§ 173.185(a)(4), each lithium battery must be packed in an inner packaging in such a manner as to prevent short circuits, including movement which could lead to short circuits. The inner packaging must be packed within a suitable outer packaging, such as a UN 4G fiberboard box, that conforms to the requirements of Part 178 subparts L and M at the Packing Group II performance level. Q2. May a lithium battery be placed directly into a UN 4G fiberboard box without any inner packaging in accordance with the requirements of Packing Instruction 965, Section I ofthe ICAO Technical Instructions? A2. No. Similar to the requirements of§ 173.185(a)(4), Packing Instruction 965, Section I of the ICAO Technical Instructions requires each lithium battery to be placed in inner packagings#

Page 2that completely enclose the battery, then placed in an outer package. The completed package must meet the performance requirements at the Packing Group II performance level. I hope this information is helpful. If you have further questions, please contact this office. Sincerely, &-rs~ Ben Supko Acting Chief, Standards Development Office of Hazardous Materials Standards#

Page 3Drakeford, Carol From: INFOCNTR (PHMSA) Sent: To: Subject: Wednesday, January 25, 2012 12:52 PM Drakeford, Carolyn (PHMSA) FW:Interp Letters Inner Packaging Requirements for Lithium Batteries From: Kerchner, George [mailto:GKerchner@wileyrein.coml Sent: Tuesday, January 24, 2012 12:05 PM To: INFOCNTR (PHMSA) Cc: Leary, Kevin (PHMSA) Subject: Inner Packaging Requirements for Lithium Batteries Hi Carolyn. We received the following request for a letter of interpretation. Thanks, Victoria Victoria Lehman Hazmat Information Center (HMIC) http://phmsa.dot.gov/hazmat/info-center (202) 366-1035 I am writing for a clarification on whether a lithium battery, as an article, is required to be placed inside an inner packaging to comply with 49 CFR 173.185(a)(4) and ICAO Technical Instruction Packing Instruction 965, Section I. It is generally recognized that batteries are articles and as such may not require a separate inner packaging to comply with the combination packaging requirements in 49 CFR 173.185(a)(4). However, the way this provision and PI 965, Section I are written, it appears that an inner packaging may in fact be required for lithium batteries. Therefore, I would appreciate answers to the following questions: 1. 2. May a lithium battery be placed directly in a 4G fiberboard box without any inner packaging and still be compliant with the requirements 49 CFR 173.185(a)(4 )? May a lithium battery be placed directly in a 4G fiberboard box without any inner packaging and still be compliant with the requirements found in PI 965, Section I of the ICAO technical Instructions (2011-2012 Edition)? Thank you. George A. Kerchner Senior Regulatory Analyst 1#

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