{"operation":"document","citation":"13-0179","title":"PTP Consulting, Inc — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2013-10-21","effective_on":null,"summary":"13-0179 response to PTP Consulting, Inc concerning 173.185.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0179.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0179.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0179","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2013/130179.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\nOCT 2 1 2013\nCarol Brozosky, CHMM, CET\nPresident\nPTP Consulting, Inc.\n1531 Kings Highway\nSwedesboro, NJ 08085\nReference No. 13-0179\nDear Ms. Brozosky:\nThis is in response to your August 26, 2013 letter concerning how to transpmi \"UN 3091,\nLithium batteries, contained in equipment, Class 9, Packing Group (PG) II\" by motor\nvehicle under the Hazardous Materials Regulations (HMR; 49 CFR Parts 1 71-180).\nSpecifically, you present a transportation scenario and ask if the actions you propose for\ntranspmiing these batteries are permitted under Special Provision 188 of§ 172.102 of the\nHMR. We paraphrased the scenario and decisions you provided, and the question you\nposed, and answered it below.\nTransportation Scenario\nYou state the shipper will:\n• Transport used desktop and laptop computers and cellular (cell) phones that contain\nlithium batteries by motor vehicle within the United States from the equipment\nmanufacturer's location to a central location the manufacturer owns and operates.\n• Assume each lithium cell and battery contained in these computers and cell phones is\na small rechargeable lithium battery that meets the conditions prescribed in\nparagraphs (b) and (c) of§ 172.102, Special Provision 188. For example, lithium\nmetal cells contain less than 1 gram of lithium, lithium ion cells contain less than 1.5\ngrams of lithium, and lithium batteries contain less than 2 grams of lithium metal or\n8 grams of lithium ion metal.\n• Assume no primary lithium batteries and no batteries free from their equipment will\nbe included in the shipments.\n• ·whenever possible, remove lithium batteries from their equipment, tape their\nelectrical connectors to help prevent any potential for generating heat or short\ncircuits, and then secure these batteries within their equipment.\n• Surround the computers and cell phones with sufficient cushioning to prevent their\nmovement during normal highway transportation and place them inside a large heavy\nduty corrugated box (e.g., a Gaylord box).\n\n<<<PAGE 2>>>\n\nProposed Transportation Scenario Decisions\nIt is your understanding that:\n• Each completed package that contains the above-described computers and cell\nphones is excepted from HMR labels and markings.\n• The fiberboard box used to consolidate these devices may be a non-specification\npackaging.\n• Special Provision 188, specifically paragraph (e), that requires these cells or batteries\nto be separated to prevent short circuits, does not require each computer or piece of\nequipment that contains a lithium battery to be individually packed.\n• Shipping papers are not required for packagings that meet the transportation scenario\nand decisions you describe.\n• Large heavy duty corrugated boxes containing these materials are not subject to a\nweight limit.\n• Persons preparing and offering these materials for transportation are not required to\nbe hazmat trained in conformance with 49 CFR Part 172, Subpart H (Training).\nQ 1. · Have we correctly interpreted how to transport small UN 3 091 batteries under the\nHMR?\nAI. The answer is yes. Class 9, UN 3091, Lithium batteries that comply with all\napplicable provisions in § 172.102, Special Provision 188, are not subject to any\nother requirements under the HMR.\nI hope this satisfies your request.\nSincerely,\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n2\n~~~-~~-·-·-----\n\n<<<PAGE 3>>>\n\nCONSULTING INC.\nPrcgess 11TC411 p;formn::e\nPTP Consulting, Inc. + 1531 Kings Highway + Swedesboro, NJ 08085\n856-467-5400 + www.ehsprogress.com + info@ehsprogress.com tdmovt~n\ns17:Z. 102 .SP I &8\n:aJ'73 .. !<65 .\nt...J+-hi uwt. Bu fkn e.s\nl 3 - 0 J 7 9\nAugust 26, 2013\nU.S. DOT\nPHMSA Office of Hazardous Materials Standards\nAttn: PHH-10\nEast Building\n1200 New Jersey Avenue, SE.\nWashington, DC 20590-0001\nLl!fQgntr@DOT:EQY\nRequest for a Letter of Interpretation: Shipping Lithium Batteries, Contained in Equipment- by\nHighway\nTo Whom it May Concern:\nWe would like to have clarification with regard to shipping lithium batteries, contained in\nequipment, UN3091, Hazard Class 9. We would like to use Special Provision 188 for \"small\"\nbatteries, and we believe the following scenario is not subject to any other requirements of the\nsubchapter.\nHere is the scenario:\n• The Shipper would like to transport \"used\" desktop computers, lap tops and cellular\nphones by highway from their manufacturing locations to a central location owned and\noperated by the same company within the United States.\n• The assumption is every cell and battery meets the definition of small under paragraph b\nand c of this Special Provision 188. (CELL: less than 1 gram for lithium metal, or 1.5 grams\nfor lithium ion. BATTERY: less than 2 grams for lithium metal or 8 grams for lithium ion).\nThese will all be rechargeable lithium batteries, and no primary lithium batteries will be\nincluded in these shipments.\n• The batteries would remain in the equipment, and there will be no free batteries\ntransported in this same box. In accordance with 49CFR §173.21 all batteries will be\ntaped at their electrical connectors and secured back in equipment to prevent any\npotential for the generation of heat or short circuiting.\n• The electronic equipment would be placed in large heavy duty corrugated boxes (i.e.\nGaylord box), and cushioned to prevent movement during normal transportation by\nhighway.\nUnder this scenario, are we correct in our interpretation that these are non-regulated shipments\nwhen shipped by highway?\nIn other words do you agree that:\n• DOT HAZMAT Labels and Markings are not required,\nlfPage\n\n<<<PAGE 4>>>\n\n• The large box used to consolidate this shipment is not required to be a UN performance\npackage,\n• Special Provision 188 does not require each computer device to be individually packaged\n(paragraph e),\n• DOT certified shipping papers are not required,\n• There is no weight limit of the large container,\n• Offerors of these shipments do not need to be HAZMAT certified employees.\nPlease advise us with regard to this interpretation at your earliest convenience. A reply may be\nsent by email to ,<;~JQ1@~J:!~Q[QJ5fg?_~!,c;:Qm or to the address shown.\nThank-you very much.\nVery truly yours,\nPTP Consulting~ Inc.\nCarol Brozosky, CHMM, CET\nPresident\n2JPage\n-~-----------","truncated":false,"body_characters":6413}