{"operation":"document","citation":"13-0096","title":"Manufacturing and Supply Chain Services — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2013-06-20","effective_on":null,"summary":"13-0096 response to Manufacturing and Supply Chain Services concerning 173.185.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0096.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0096.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0096","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2013/130096.pdf","body":"<<>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\ni 200 New Jersey Avenue, SE\nWashington, D.C. 20590\nJUN 2 0 2013\nMr. Todd A. Strobel\nRegulatory Compliance Specialist\nManufacturing and Supply Chain Services\n3M Center, 225-4S-18\nSt. Paul, MN 55144-1000\nRef. No.: 13-0096\nDear Mr. Strobel:\nThis is in response to your May 7, 2013 email requesting clarification of the requirements\nfor shipping lithium batteries in accordance with Hazardous Materials Regulations (HMR;\n49 CFR Parts 171-180) and the International Civil Aviation Organization Teclmical\nInstructions for the Safe Transport of Dangerous Goods by Air (ICAO TI). Both the HMR\nand the ICAO TI require certain shipments of lithium batteries be accompanied by a\ndocument indicating that the package(s) in that shipment contain lithium batteries, a\nf1ammability hazard exists if the package is damaged, that special procedures must be\nfollowed in the event a package is damaged and a telephone number for additional\ninformation. Specifically, you ask if this document must follow a particular format.\nBoth the HMR and the ICAO TI require a document to accompany certain shipments of\nlithium batteries but do not require a specific format. Any document that contains all of the\nrequired information is acceptable. This approach provides shippers and carriers with the\nf1exibility to design documents consistent with their own needs.\nI hope this information is helpful. If you have further questions, please do not hesitate to\ncontact this office.\n-\n~1~·\nDelmer Billmgs ~\nSenior Regulatory Advisor\nStandards and Rulemaking Division\n\n<<>>\n\nDrakeford, Carolyn (PHMSA)\nFrom:\nSent:\nTo:\nCc: Kelley, Shane (PHMSA)\nFriday, May 10, 2013 12:41 PM\n'tastrobel@mmm.com'\nrtduzynski@mmm.com; Pfund, Duane (PHMSA); Leary, Kevin (PHMSA); Drakeford, Carolyn\n(PHMSA)\nSubject: RE: Lithium Battery Documents\nTodd,\nThank you we will process this as a request for an interpretation and answer your question as to whether there is a\nspecified format.\nWe'll look forward to working at the UN and with interested stakeholders on the broader issues raised by PRBA.\n-Shane\nShane C. Kelley\nAssistant International Standards Coordinator\nOffice of Hazardous Materials Safety\nPipeline and Hazardous Materials Safety Administration\nU.S. Department of Transportation\nVoice: 202-366-4359\nFAX: 202-366-5713\nFrom: tastrobel@mmm.com [mailto:tastrobel@mmm.com]\nSent: Tuesday, May 07, 2013 5:17 PM\nTo: Kelley, Shane (PHMSA)\nCc: rtduzynski@mmm.com\nSubject: Lithium Battery Documents\nShane,\nI wanted to follow up with you regarding our round table discussion at the DGAC meeting in Washington, DC last week\nregarding the Lithium Battery documents that are being used to meet the ICAO/IATA lithium battery packing instruction\ndocument requirements in Section II.\nlATA has created a document template (shown below) that is found in the lATA Lithium Battery Guidance Document and\nthe other document is being used for air shipments within Europe (however I believe that the Europe document was\noriginally developed and required for shipments from Hong Kong).\nhttp://www. iata.org/whatwedo/cargo/dgr/Documents/Lithium-Battery-Guidance-2013-V1.1.pdf,\nMy concern is that if we don't provide one of these documents as required by a particular carrier (freight forwarder or airline)\nwe face rejections of our shipments. These are the only two forms that I am currently aware of, but there could be more in\nexistence or additional ones being developed by the airlines and forwarders.\nNote: PRBA has submitted a proposal for eliminating the document requirements in Special Provision 188 of the UN Model\nRegulations applicable to small lithium cells and batteries. The PRBA proposal will be addressed at the June 2013 UN Sub-\nCommittee of Experts meeting in Geneva.\nIf adopted by the UN Sub-Committee, PRBA's goal is to have the same documentation requirement removed from the\nICAO Technical Instructions.\n1\n\n<<>>\n\nAs we discussed, it would be helpful to receive a DOT interpretation that states that a document may be any form as long\nas it meets the requirements as found in Special Provision 188 and in the ICAO Technical Instructions.\nShipper Declaration\n~-'>!-!ii'l-\"\">;,¥-<;l~-->l*:tllii:!IJ..,.. . .ro.~.,r,;:;t...\"\"'.~;~,.-;-;\"'I'\"-\"'~; ... _.W-<4>-\"''.£l0,\"\":rl.>