{"operation":"document","citation":"13-0034","title":"Labelmaster Services — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2013-02-13","effective_on":null,"summary":"13-0034 response to Labelmaster Services concerning 173.185.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0034.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0034.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0034","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2013/130034.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\nFEB 1 3 2013\nMr. Robert Richard\nVice President, Regulatory Affairs\nLabelmaster Services\n5724 N. Pulaski Rd.\nChicago, IL 60646\nRef. No.: 13-0034\nDear Mr. Richard:\nThis is in response to your January 14, 2013 email and conversation with a member of my staff\nrequesting clarification of the requirements for shipping lithium batteries in accordance with\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) and the International Civil\nAviation Organization Technical Instructions for the Safe Transport of Dangerous Goods by\nAir (ICAO Tl). Both the HMR and the ICAO TI require that certain shipments of lithium\nbatteries also have an accompanying document indicating, among other things, that packages\ncontain lithium batteries and that special procedures must be followed in the event of damage\nto the packages. Specifically, you ask if this document may be affixed to packages through the\nuse of a pressure sensitive, peel away document.\nThe answer is yes. Both the HMR and the ICAO TI require a document to accompany the\nshipment indicating that the package contains lithium batteries and that special procedures\nmust be followed if the package is damaged. This requirement may be fulfilled in a number of\nways including through the use of a tear away document affixed to each package in the\nconsignment.\nI hope this information is helpful. If you have further questions, please do not hesitate to\ncontact this office.\nUl1k1-.\nDelmer Billings ~\nSenior Regulatory Advisor\nStandards and Rulemaking Division\n\n<<<PAGE 2>>>\n\nLABEL~ASTER\nSERVICES\nJanuary 14, 2013\nCharles Betts, Director Standards and Rulemaking Division\nPipeline and Hazardous Materials Safety Administration\nAttn: Standards and Rulemaking Division, PHH-1 0\nU.S. Department of Transportation\n1200 New Jersey Avenue, S.E.\nEast Building, Floor 2\nWashington, DC 20590-0001\nSubject: Request for Interpretation; Lithium Battery Documentation\nDear Mr. Betts:\nI am writing on behalf of a client that intends to use a pressure sensitive peel away document to fulfill the\nrequirements of the International Civil Aviation Organization Technical Instructions (ICAO TI). In Section II\nof packing instructions 965-970 there is a requirement that each consignment must be accompanied with a\ndocument that includes specific wording. Currently my client includes the document with each consignment by\nplacing the document in a plastic pouch that is affixed to the outer package or overpack as applicable. The\nclient is considering using a more efficient pressure sensitive peel away document in lieu of placing the\ndocument in a plastic pouch. The pressure sensitive peel away document is less likely to be tampered with or to\nbe inadvertently separated from the consignment. I have attached illustrations of the peel away document and a\npackage and overpack with the lithium battery handling label and peel away battery document shown. I am\nrequesting confirmation that use of the pressure sensitive peel away document is acceptable.\nThe ICAO TI does not state that the document needs to be available away from the package and it does not\nprohibit it from being placed inside a package. Nevertheless, the client attaches the document to the exterior of\npackages or overpacks to enhance its accessibility. The client has discussed this issue with several airlines. The\nairlines have not expressed any objections related to the use of the peel away document. The peel away\ndocument includes all of the required information and is easily accessible. It travels with the package and\ntherefore is therefore more difficult to be misplaced or separated from the shipment. On this basis, I can't see\nany safety reason why this solution would not be acceptable. It is currently common industry practice to attach\nthe battery document either to the exterior or place the document in the package. I look forward to your\nconfirmation that use of the pressure sensitive peel away document is acceptable.\nRespectfully,\nRobert Richard\nVice President Labelmaster Services\n1100 Chase, Elk Grove Village, IL 60007\n\n<<<PAGE 3>>>\n\nPhone: 866-655-5539 Fax: 866-599-9936\nwww.lmps-dgm.com\nIllustrations of the peel away battery document:\n!,.:;~::.:~:!...\"\"\n-~· ~\n~==~.,\n:~~\n~. :t:r . =.t.•N· \"'I'\n:,;'lllt.,TM-;:tr.::,,-\n~~.:;Q, · .~·ll\n~~~=- ''\n~~M.~.B,OI~\n\"'\nJOVERP,t\\C~ ~\n\n<<<PAGE 4>>>\n\nI reviewed the attached interpretation that you issued relative to preprinting or using a label attached to a package as a\nmeans of meeting the requirement for a document in SP188 or the ICAO Packing instructions. I have a client that places\nthe document in a pouch that is affixed to a package. The client was previously told by the Info Center that this is\nacceptable. The client would prefer not to use a pouch but instead to use a peel of document like the ones used on\npesticide bottles (see illustrations attached). In my interpretation this should be acceptable and is different from the\nsituation addressed in the interp you signed. Please let me know if you agree that this would be acceptable.\nHappy 2013!\nBob\nBOB RICHARD\nVice President, Regulatory Affairs\nLabelmaster Services\n5724 N. Pulaski Rd.\nChicago, 11 60646\nCell: 773-540-0837\nEmail: bob.richard@alc-net.com\nWeb: www.labelmasterservices.com\n3","truncated":false,"body_characters":5384}