{"operation":"document","citation":"13-0119","title":"Kurt J. Lesker Company — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2013-09-06","effective_on":null,"summary":"13-0119 response to Kurt J. Lesker Company concerning 172.101, 173.211, 173.27.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0119.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0119.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0119","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2013/130119.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\nSEP 0 6 2013\nMr. Lew Miller\nManager, U.S. Logistics & Warehouse\nKurt J. Lesker Company\n1 925 Route 51\nJefferson Hills, PA 15025\nReference No. 13-0119\nDear Mr. Miller:\nThis is in response to your recent e-mails and telephone conversations with a member of my\nstaff regarding the types of packagings your cm:npany may use to package eight, round wafer\ndisks composed of99.9 perce1it \"UN 1415, LitHium, Division 4.3 (dangerous when wet),\nPG I'' by cargo-only aircraft from the United States to Germany under the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) and the International Civil Aviation\nOrganization's Technical Instructions for the Safe Transport of Dangerous Goods by Air\n(ICAO Technical Instructions).\nYou state each wafer contains 0.15 kg oflithiurn, measures 349.8 mm x 135.9 mm x 6 mm\nthick, and weighs 0.149 kg (0.33 pounds). The wafers are bonded to a backing plate in a\nmanner that prevents the wafers from touching ~ach other and then enclosed in a metal\nassembly (herein referred to as the \"assembly\"). You also state the completed assembly is\n64 '' L x 18\" W x 8\" H, is not waterproof: and weighs 120 pounds when filled and closed.\nYou enclosed a material safety data sheet for lithium metal pieces, a schematic drawing of the\nbacking tiles, photographs of the closed assembly, and two potential packaging options you\nwould like validated by this Office.\nThe assembly you describe in your letter is not an article or device specifically listed by name\nin the § 172.101 Hazardous Materials Table (HMT) or the Table 3-1, Dangerous Goods List,\nof the ICAO Technical Instructions. Rather, it is an article containing a substance (UN 1415,\nLithium). Non-bulk packagings authorized by the HMR to package UN 1415, Lithium, for\ntransportation by cargo-only aircraft must confotm to the requirements prescribed in\n§§ 173.27, 173.211, and Special provisions A7 and N45 under§ 172.102(c). In addition, the\nHMR permit packages offered or intended for transp011ation by aircraft to, tlu·ough, or from\nthe U.S. to conform to the International Civil Aviation Organization's Technical Instructions\non the Transport of Dangerous Goods by Air (ICAO Technical Instructions), as limited by\nSubpart C of 49 CFR Part 171. Packing Instruction 487 of the ICAO Technical Instructions\nprescribes that your assembly containing UN 1415, Lithium, 4.3, PG L may be packaged for\n----------------·----·----------------·------\n\n<<<PAGE 2>>>\n\ncargo-only aircraft in a UN 4D Plywood Box (your self-described Option 1) and would be\ndeclared as:\nUN1415, Lithium, Division 4.3, PG I, One Plywood Box x 1.22 kg, Packing\nInstruction 487\nThe \"Option 2\" described in your letter, a 6HD2 plastic receptacle with outer plywood box, is\nalso an authorized packaging method under Packing Instruction 487 of the ICAO Technical\nInstructions. Please note that regardless of what authorized packaging is used for the\nassembly, under the ICAO Technical Instructions either the individual wafers or the entire\nmetal assembly must be hermetically sealed (e.g., by taping or threaded closures).\nIn your letter, you also ask where you might be able to obtain such packagings commercially\nin dimensions appropriate for the assembly. PHMSA does not maintain a list of packaging\ndesigns from packaging manufacturers; however, it does publish a list of commercial\nsuppliers that includes contact information for several hazardous materials packaging\nmanufacturers. I have enclosed a copy of this pamphlet for your convenience. It can also be\nfound on our website at:\nhl!JJ://www.phmsa.dot.gov/staticiiles/PHMSA/DownloadableFiles/Files/commsupp.pdf. You\nmay want to consider discussing the various packaging options provided by the HMR and the\nICAO Technical Instructions with Mr. Benjamin Moore, Engineer, Engineering and Research\nDivision, Office of Hazardous Materials Safety, at (202) 366-4545.\nI trust this satisfies your request. Please contact us if we can be of further assistance.\nSincerely,\no~\nb r.. T. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\nEnclosure\n2\n-------\n------------\n-~-\n\n<<<PAGE 3>>>\n\n~dmcn5r>n\n~l?t. /DI --\n• Aonl/ealoditJ\nEdmonson, Eileen {PHMSA)\nFrom:\nSent:\nTo:\nSubject:\nLew Miller <lewm@lesker.com>\nMonday, May 20, 2013 12:39 PM\nEdmonson, Eileen (PHMSA)\nRE: Test, Lithium Assembly\nHello Eileen,\nI talked to you a little over a week ago related to an Assembly that our company is looking to ship and we were looking\nfor some advice or help to see if we could ship the assembly that is rated as a DG item. Please see below for a\ndescription of the item in involved ,also below is the answers ( in red) to some of the questions you posed to me, to get\nto help you and your office get an idea of what is involved with the product and the assembly. Please contact me for any\nquestions or just anything\nThank you for help in this matter. Lew\nLew Miller I US Logistics & Warehouse Manager I Kurt J. Lesker Company I 0:412-896-8500\nlewm(li)lesker.com I Skype: kjlc.lewm I www.lesker.com\nOur company wants to ship an assembly to Germany, the assembly will include\n8 individual Lithium tiles UN1415 being bonded to a copper backing plate. They are about 0.33 lbs. ea.\nThe assembly will be shipped to Germany ( Cargo Plane only) The weight and dims. of the unit is below ,can you suggest\na container to ship this unit in and perhaps a company to get that container from. Or any other suggestions.\nPlease contact me if you have questions or other suggestions.\nUN1415 Lithium 4.3 PGl 487 packing instructions.\nContainer needed( inside dims. ) L 64 x 18W x 8H11\nWeight 120 lbs.\nFrom: Bart Merritt\nSent: Friday, May 17, 2013 10:21 AM\nTo: Lew Miller\nSubject: RE: Lithium Assembly\nHi Levv,\nHere is the information we can provide attached and in RED below.\nThanks,\nBart\nFrom: Lew Miller\nSent: Thursday, May 09, 2013 3:59 PM\nTo: Bart Merritt; Kevin Williams\nSubject: Lithium Assembly\nImportance: High\n1\n\n<<<PAGE 4>>>\n\nGentlemen,\nI am working with Eileen Edmonson with US DOT I PHMSA to come up with shipping options for the Lithium target\nAssembly for Applied Materials. To get an accurate evaluation she has requested some information so they can come up\nwith a way to ship this assembly whether it may be in a standard way or maybe using a special permit. Below is some of\nthe information needed , I wanted to run this by you so we can present this in a way they can understand and possible\nhelp our cause. This type of assembly is out of the norm of our standard DG shipping here at KJLC so I would to\nmake sure we get this right and hopefully come up with an efficient, Compliant and cost sensitive way of shipping these\ntype units. Here is the info that was requested\nName of the Lithium target manufacturer- Rockwood Certificate of analysis of the target- COA attached\nMSDS -Attached\nPicture of the target itself Drawing\nInc.\nDescription of the target assembly itself and its function and material involved -\nLITHIUM Li, 99.9% PU IVl 272MM X M 8-TILE (4 X 2 BUTT\nELASTOM BONDED ER SUPPLIED TITANIUM BACKING\nPicture of the assembly -Attached\nIn our conversation she presented some possible vague options but will need some specifics for her team to come up with\na viable option\nSorry for the delay but I would like to get this right\nLet me know\nThanks\nLew\nLew Miller I US Logistics & Warehouse Manager I Kurt J. Lesker Company I 0: 412-896-8500\nlewm(ti)lesker.com I Skype: kjlc.lewm I www.lesker.com\nFrom: eileen.edmonson@dot.gov [mailto:eileen.edmonson@dot.gov]\nSent: Thursday, May 09, 2013 2:59 PM\nTo: Lew Miller\nSubject: Test\nHere is the test e-mail you requested.\nEileen Edmonson\nUSDOT/PHMSA\n202-366-4481 (w)\n202-366-7041 (fax)\neileen.edmonson@dot.gov (e-mail)\nwww.phmsa.dot.gov/hazmaUregulations\nwww.dot.gov\n2\n\n<<<PAGE 5>>>\n\n-----Original Message-----\nFrom: Matthew Evanovich- Dangerous Goods [mailto:matthew.evanovich@berlinpackaging.com]\nSent: Tuesday, May 07, 2013 2:54PM\nTo: Lew Miller\nSubject: RE: Contact information\nHI Lew,\nAfter discussing with the testing facility, we are not able to ship this via air as a complete assembly. Please see CFR\nReference below:\n-Under 172.101(j){3} it spells this out by stating: When articles or devices are specifically listed by name, the net\nquantity limitation applies to the entire article or device (less packaging and packaging materials} rather than only to its\nhazardous components.\nIt appears the only option is to ship by land or sea. If you would like us to look into building something that is custom we\ncould certainly look into it. We do not have any primary containers that are large enough to fit the total\nassembly. Please advise how you would like us to continue.\nBest regards,\nMatt Evanovich\nPackaging Consultant\nAnything is Possible!\nAmerica's only Hybrid Packaging Supplier\nDangerous Goods, a division of Berlin Packaging\n1195 Washington Pike\nBridgeville, PA 15017\nEmail: Matthew.Evanovich@BerlinPackaging.com\nOffice: + 1.412.564.2546\nMobile: +1.412.915.9357\nTwitter: @BerlinPackaging\nLinkedln: Berlin Packaging\nFacebook: Berlin Packaging\nBerlinPackaging.com\nStudio111Design.com\nBerlinDangerousGoods.com\nView my Profile and vCard\n-----Original Message-----\nFrom: Lew Miller [mailto:lewm@lesker.com]\nSent: Tuesday, May 07, 2013 10:36 AM\nTo: Matthew Evanovich- Dangerous Goods\nSubject: RE: Contact information\nI thought that is the DG item itself ( 15 kg of LithiumL the Lithium total is nowhere near 15 kg total in the container\n3","truncated":false,"body_characters":9585}