{"operation":"document","citation":"12-0261","title":"Vasco Data Security NV — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2013-01-24","effective_on":null,"summary":"12-0261 response to Vasco Data Security NV concerning 173.185.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0261.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0261.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0261","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2012/120261.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, D.C. 20590\nJAN 2 4 2013\nMr. Marc Covens\nVasco Data Security NV\nAssesteenweg 291\nMollem 1730\nBelgium\nRef. No.: 12-0261\nDear Mr. Covens:\nThis is in response to your November 19, 2012 email, and subsequent phone conversation\nwith a member of my staff, requesting clarification of the requirements for shipping UN\n3091 lithium metal batteries contained in equipment under the Hazardous Materials\nRegulations (HMR; 49 CFR Parts 171-180), the International Maritime Dangerous Goods\n(IMDG) Code, and the International Air Transport Association Dangerous Goods\nRegulations (IATA DGR). Specifically you provide details about your shipments and ask if\nthese shipments could be considered general cargo without any battery handling label\nattached or with an accompanying special handling declaration under IATA DGR, the\nIMDG Code, and the HMR.\nYour email states your product consists of equipment powered by up to three lithium metal\nbutton cell batteries, per device. You state the average amount of lithium per cell is .07 g\nwith a maximum of .51 g with energy per cell maximum of 1.83 Wh. The total net weight\nof battery cells per package you state is 3.3 kg. You indicated by phone that all batteries are\nof a type proved to meet the requirements of each test in the United Nations Manual of\nTests and Criteria, Part III sub-section 38.3 and that your packages meet the general\npackaging requirements for excepted batteries found in the IA T A DGR and the IMDG\nCode.\nThe HMR incorporate by reference the International Civil Aviation Organization Technical\nInstructions for the Safe Transport of Dangerous Goods (ICAO TI), and does not reference\nthe IATA DGR. The ICAO Tirequirements for shipments of lithium metal batteries\ncontained in equipment are found in packing instruction 970. Section II of packing\ninstruction 970 states that lithium metal cells and batteries contained in equipment offered\nfor transport are not subject to other additional requirements of the ICAO TI if they meet the\nrequirements of section II of packing instruction 970. The data you provided about your\nproducts indicates your shipments of equipment containing lithium metal batteries appear to\nmeet the requirements of section II of packing instruction 970 of the ICAO TI, and would\nbe eligible for the exceptions provided and could be offered as general cargo. The ICAO TI\nprovides an exception for equipment containing four or less cells or two or less batteries\n\n<<<PAGE 2>>>\n\nfrom the requirement to label packages with a battery handling label and accompanying\ndocumentation.\nThe IMDG Code exceptions for lithium batteries contained in equipment are found in\nspecial provision 188. Lithium cells and batteries are not subject to other provision of the\nIMDG Code if they meet all of the requirements in special provision 188. Based on the\ninformation you provided it appears your lithium metal batteries contained in equipment\nqualify for the exception provided in special provision 188, including exception from the\nrequirements for a battery handling label and accompanying documentation.\nLithium batteries contained in equipment in the HMR are assigned special provision 188.\nSpecial provision 188 provides exceptions for small lithium batteries and cells. Based on\nthe information you provided it appears your lithium batteries contained in equipment\nappear to qualify for the exceptions provided in special provision 188 in the HMR,\nincluding exception from the requirements for a battery handling label and accompanying\ndocumentation.\nBased on the information provided it appears that your lithium metal batteries contained in\nequipment qualify to take the exceptions provided in the ICAO TI, IMDG Code, and the\nHMR and may be transported as general cargo without a lithium battery handling label or\naccompanying special handling documentation.\nI hope this information is helpful. If you have further questions, please do not hesitate to\ncontact this office.\nD~y. . .\nDelmerB~\nSenior Regulatory Advisor\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\nDrakeford, Carolyn (PHMSA)\nFrom:\nINFOCNTR (PHMSA) f3a+fene-S\nSent:\nMonday, November 19,2012 10:23 AM 0\nTo: Drakeford, Carolyn (PHMSA) { 2. .. ;2.{;; ff\nSubject: FW: Hazmat Information Center Feedback: Hazardous Materials Table, Special Provisions,\nHazardous Materials Communications\nHi Carolyn,\nWe received the following request for a formal letter of interpretation.\nThanks,\nVictoria\n-----Original Message-----\nFrom: PHMSA Webmaster\nSent: Sunday, November 18, 2012 5:14AM\nTo: PHMSA HM InfoCenter; PHMSA Webmaster\nSubject: Hazmat Information Center Feedback: Hazardous Materials Table, Special Provisions, Hazardous Materials\nCommunications\nrequest for formal guidance\nWe have discussed recently the lATA and IMDG regulations.\nplease find herewith my findings for air and sea freight :\nGeneral information :\n- Un 3091 I Metal Lithium Cells contained in equipment. (So called Button Cells)\n-1, 2 or 3 Battery cells per device\n-The average amount of Lithium per Cell is 0.07 gr. with a maximum of 0.51 gr.\n-The total net weight of battery cells per package is maximum 3.3 Kgs\n-The energy per cell is max 1.83 W /h.\nAirfreight: { DGR 2013, handbook ordered -lATA guidelines attached))\n- Relates to Section II Packing Instructions 970\n- Exception :\nE. When is a lithium battery handling label not required?\nA lithium battery handling label is not required for packages prepared in accordance with Section I of Packing Instructions\n965-970 {i.e. bearing a Class 9 label) or when a package contains not more than 4 cells or 2 batteries installed in\nequipment prepared in accordance with Section II of Packing Instructions 967 and 970. This applies to UN\n1\n\n<<<PAGE 4>>>\n\n3481 Lithium ion batteries contained in equipment (See Section II of Packing Instruction 967) and UN3091Lithium metal\nbatteries contained in equipment (see Section II of Packing Instruction 970). except that button cells installed in\nequipment (including circuit boards) need not be considered. As these packages do not require a lithium battery handling\nlabel, the accompanying document mentioned in the \"Additional Requirements\" of Section II of Packing Instructions 967\nand 970 is not required.\nsee 1st attachment\nBased on above our shipments should be considered as general cargo, without any battery label to be attached, nor with\nan accompanying declaration.\nSeafreight : Edition 2010\n- Relates to :Section II packing 903 (2nd attachment)\n-Special provision 188 (3rd attachment) Cells and batteries offered for transport are not subject to other provisions of this\nCode if they meet the following:\n.1 For a lithium metal or lithium alloy cell, the lithium content is not more than 1 g, and for a lithium ion cell, the Watt\nhour rating is not more than 20 Wh;\n.2 For a lithium metal or lithium alloy battery, the aggregate lithium content is not more than 2 g, and for a lithium ion\nbattery, the Watt hour rating is not more than 100 Wh. Lithium ion batteries subject to this provision shall be marked with\nthe Watt hour rating on the outside case, except those manufactured before 1 January 2009;\n.3 Each cell or battery is of the type proved to meet the requirements of each test in the United Nations Manual of Tests\nand Criteria, Part Ill, sub section 38.3;\n.4 Cells and batteries, except when installed in equipment, shall be packed in inner packagings that completely enclose\nthe cell or battery. Cells and batteries shall be protected so as to prevent short circuits. This includes protection against\ncontact with conductive materials within the same packaging that could lead to a short circuit. The inner packagings shall\nbe packed in strong outer packagings which conform to the provisions of 4.1.1.1, 4.1.1.2, and 4.1.1.5 .\n. 5 Cells and batteries when installed in equipment shall be protected from damage and short circuit, and the equipment\nshall be equipped with an effective means of preventing accidental activation. When batteries are installed in equipment,\nthe equipment shall be packed in strong outer packagings constructed of suitable material of adequate strength and\ndesign in relation to the packagings capacity and its intended use unless the battery is afforded equivalent protection by\nthe equipment in which it is contained .\n. 6 Except for packages containing button cell batteries installed in equipment (including circuit boards), or no more than\nfour cells installed in equipment or no more than two batteries installed in equipment, each package shall be marked with\nthe following:\nBased on above our shipments should be considered as general cargo, without any battery label to be attached, nor with\nan accompanying declaration.\nI have also been checking (CFR49) the situation for shipments to/from, within and via the USA.\nbut I cannot come to a final conslusion due to the complexity\ncan you help and advise if our devices can be send as harmless (general) cargo or if we still have to label, mark, certify etc\nour shipments.\nactually we do so, but I am not convinced that we should continue to do so.\nif yes, there is a different approch between lATA and DOT.\n2\n-----\n--\n--------~----- ---------~--- ~-~----------------~------~-\n\n<<<PAGE 5>>>\n\nOr will there be a new publication for 2013 in line with decisions of lATA.\nHELP\nName: Marc Covens\nOrganization: Vasco Data Security NV\nEmail: mco@vasco.com\nAddress: Assesteenweg 291\nCity: Mollem\nZip Code: 1730\nPhone: +32(0)26099813\nCountry: Belgium\n3","truncated":false,"body_characters":9582}