{"operation":"document","citation":"13-0124","title":"URS corporation — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2014-02-25","effective_on":null,"summary":"13-0124 response to URS corporation concerning 173.189, 173.220.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0124.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0124.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0124","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2013/130124.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 2 5 2014\nMr. Andrew N. Romach\nRegulatory Compliance Manager\nURS Corporation\n1600 Perimeter Park Drive\nSuite 400\nMorrisville, NC 27560\nReference No.: 13-0124\nDear Mr. Romach:\nThis is in response to your June 14, 2013 letter requesting clarification ofthe Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180). You ask several questions pertaining\nto § 173.189, concerning the requirements that apply when shipping UN3292, Batteries\ncontaining sodium.\nYour questions are paraphrased and ~mswered as follows:\nQ 1. Section 173 .189( d) provides the requirements for batteries containing liquid sodium and\nparagraph (d)( 4)(iii) states that no other hazardous materials, with the exception of cells\ncontaining sodium, may be loaded in the same transport vehicle or freight container. Can\nbatteries containing liquid sodium be shipped together in the same transport vehicle or freight\ncontainer with batteries containing sodium in solid form?\nA1. The answer is yes. Batteries containing liquid sodium and batteries containing solid\nsodium are assigned the same identification number and proper shipping name.\nQ2. Section 173 .189( e) states vehicles, machinery and equipment powered by sodium\nbatteries must be consigned under the entry \"Battery-powered vehicle or Battery-powered\nequipment.\" The requirements for \"Battery-powered vehicle\" or \"Battery-powered\nequipment\" are provided in§ 173.220. Would a vehicle, machinery, or equipment powered\nby a battery containing liquid sodium (where the battery is the only power source) be eligible\nfor the exception in§ 173.220(c) and shipped as \"not-restricted\" when transported by rail,\nhighway or vessel?\nA2. Yes, if all of the requirements described in § 173 .220( c) are satisfied, the vehicle,\nmachinery, or equipment powered by a battery containing liquid sodium is not subject to the\nrequirements of the HMR except for those described in § 173.21.\nQ3. May vehicles, machinery, or equipment powered by batteries containing liquid sodium\nthat are excepted from further requirements of the HMR in accordance with § 1 73 .220( c) be\n\n<<<PAGE 2>>>\n\ntransported in the same transport vehicle or freight container as disconnected or uninstalled\nbatteries containing liquid sodium?\nA3. Yes, provided the vehicles, machinery, or equipment powered by batteries containing\nliquid sodium contain no additional materials meeting the definition of a hazardous material.\nQ4. If a sodium battery installed in a vehicle, machinery, or equipment where the sodium\nbattery is not the only power source (the vehicle, machinery, or equipment is also powered by\nliquid or gas fuel in a hybrid application), what is the proper shipping name?\nA4. As stated in § 172.1 02( c), Special Provision 134, the following proper shipping names\nwould most appropriately describe a sodium battery installed in a hybrid application:\n\"Vehicle, flammable gas powered\", \"Vehicle, flammable liquid powered\", \"Engine, internal\ncombustion,jlammable gas powered'', or \"Engine, internal combustion,jlammable liquid\npowered.\"\nQS. Could a sodium battery contained in a battery/fuel powered hybrid application be\nshipped as \"not restricted\" for transportation by motor vehicle or rail car if the requirements\nof the exception in § 173 .220( c) are met, as well as the requirements under § 173.220 (h)(l)\nfor the fuel, even though such a scenario is not listed in § 173 .189( e)?\nAS. The answer is yes. The proper shipping names described in (A4) above, applicable to\nsodium batteries installed in hybrid applications reference § 173.220 for packaging\nexceptions.\nQ6. When shipping batteries containing liquid sodium; if§ 173.189(d)(2) states that no\nbattery may be offered for transportation if the temperature at any point on the external\nsurface of the battery exceeds 55 oc (130 °F), then why is there a separate less restrictive limit\ndescribed in § 173 .189( d)( 4 )(ii) stating that adequate ventilation and/or separation between\nbatteries must be provided to ensure that the temperature at any point on the external surface\nofthe battery casing will not exceed 240 °C (464 °F) during transportation?\nA6. Section 173 .189( d)(2) addresses the surface temperature of a battery when offered for\ntransportation. Section 173 .189( d)( 4 )(ii) addresses the concern of multiple batteries\ncontaining liquid sodium transported in close proximity with each other which could result in\none battery heating another to an even higher temperature. In this case, paragraph (d)( 4 )(ii)\nrequires ventilation and/or separation to prevent heat generated from multiple batteries from\nreaching a dangerous temperature.\nI trust this satisfies your inquiry. Please contact us if we can be of further assistance.\n. Sincerely, . . ::;> £ _ /\n~ tt:aJV /f· ~1\nDuane A. Pfund\nInternational Standards Coordinator\nStandards and Rulemaking Division\n------ - ---------------\n------------------~-----\n\n<<<PAGE 3>>>\n\nJune 14,2013\nw,~ner\n§ 113·/~Y\n§ /73· ~:w\nBa 1-kr(~s\n18--bl~c.j\nMr. Charles Betts, Division Director\nStandards and Rulemaking (PHH-10)\nU.S. Department of Transportation\nPipeline and Hazardous Materials Safety Administration\nEast Building, 2nd Floor\n1200 New Jersey Ave., SE\nWashington, DC 20590\nDear Mr. Betts:\nI am writing to request written regulatory clarification concerning the requirements that apply\nwhen shipping \"hot\" sodium batteries (batteries that contain liquid sodium). My questions are\nsummarized below:\nQ 1. Batteries containing liquid sodium (\"hot\" batteries) are required to meet the\nrequirements set out in 49 CFR 173.189(d)(4)(iii): \"When loaded into a transport vehicle\nor freight container: No other hazardous materials, with the exception of cells\ncontaining sodium, may be loaded in the same transport vehicle. \" Do the Hazardous\nMaterial Regulations (HMR) allow \"hot\" sodium batteries to be shipped together in the\nsame transport vehicle or freight container with sodium batteries that are cold [batteries\nsufficiently cooled such that they are not subject to paragraph (d)]? As both hot and cold\nsodium batteries are assigned the same UN number and proper shipping name, it would\nappear that both of these hazardous materials would be allowed to be transported\ntogether. As hot sodium batteries are expected to cool during transport, if several hot\nbatteries are transported in a transport vehicle or freight container, there is the potential\nthat upon reaching the destination, some batteries may be hot and some may be cold.\nQ2. A set out in 49 CFR 173.189(e): \"Vehicles, machinery, and equipment powered by\nsodium batteries must be consigned under the entry \"Battery-powered vehicle or Battery\npowered equipment.\" The requirements in 49 CFR 173.220 (which are referenced in the\nHazardous Material Table (HMT) for the proper shipping name \"Battery-powered\nvehicle or Battery powered equipment\") do not set out separate requirements for sodium\nbatteries containing liquid sodium (\"hot\" batteries). Would a vehicle, machinery, or\nequipment powered by a \"hot\" battery (where the battery is the only power source) be\nable to take advantage of the exception set out in 49 CFR 173.220(c); and, if all of the\napplicable requirements are met, be shipped as Not Restricted by rail, highway, or vessel?\nURS Corporation\n1600 Perimeter Park Drive Morrisville, NC 27560\nTel: 919.461.1220\nFax: 919.461.1371\nandy.romach@urs.com\n\n<<<PAGE 4>>>\n\nDOT interpretation letter request\nJune 14, 2013\nBecause the \"hot\" sodium battery is contained in the vehicle, machinery, or equipment,\nwould the requirements set out in 49 CFR 173.189(d) be applicable to this shipping\nscenario?\nQ3. If a \"hot\" sodium battery is allowed to be shipped contained in a vehicle, machinery,\nor equipment (where the battery is the only power source) as Not Restricted (Question #2\nabove), would a vehicle, machinery, or equipment powered by a \"hot\" sodium battery be\nallowed to be transported in the same transport vehicle or freight container as \"hot\"\nsodium batteries? It would appear that the vehicle, machinery, or equipment containing a\n\"hot\" sodium battery could be shipped in the same freight container or transport vehicle\nas the \"hot\" batteries, because the vehicle, machinery, equipment is not subject to the\nHMR and, therefore, does not meet the definition of a \"hazardous material.\"\nQ4. If a \"hot\" or cold sodium battery is contained inside of a vehicle, equipment, or\nmachinery where the battery is not the only power source (the vehicle, equipment, or\nmachinery is also powered by liquid or gas fuel in a hybrid application), that scenario is\nnot addressed in 49 CFR 173.189( e). However, shipment of sodium batteries contained\nin a vehicle, equipment, or machinery is addressed in 49 CFR 173.220.\nConsidering the vehicle, equipment or machinery in which the battery is installed and the\ntype of fuel present, it appears that the appropriate proper shipping name would be\nselected from one of the following:\n• Vehicle, flammable gas powered\n• Vehicle, flammable liquid powered\n• Engines, internal combustion, flammable gas powered\n• Engines, internal combustion, flammable liquid powered\nThese proper shipping names also reference 49 CFR 173.220 for shipping requirements.\nCould a sodium battery contained in a battery/fuel powered hybrid application be shipped\nas Not Restricted for transportation by motor vehicle or rail car if the requirements of the\nexception in 49 CFR 173.220(c) are met, as well as the requirements of 49 CFR\n173.220(h)(l) for the fuel, even though such scenario is not listed in 49 CFR 173.189(e)?\nQ5. When shipping \"hot\" sodium batteries: If there is a limit set out in 49 CFR\n173.189( d)(2) whereby \"No battery may be offered for transportation if the temperature\nat any point on the external surface of the battery exceeds 55°C (130°F),\" why is there a\nseparate, less restrictive limit in 49 CFR 173.189(d)(4)(ii) which requires \"Adequate\nventilation and/or separation between batteries must be provided to ensure that the\n-·--·--------·--------\n-~-~--~---~-----------~--·\n\n<<<PAGE 5>>>\n\nDOT interpretation letter request\nJune 14,2013\ntemperature at any point on the external surface of the battery casing will not exceed\n240°C ( 464°F) during transportation\"?\nI would appreciate your assistance with these questions.\nSincerely,\nAndrew N. Romach\nRegulatory Compliance Manager\nURS Corporation","truncated":false,"body_characters":10466}