Mr. Richard J. Lloyd — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation 1200 New Jersey Avenue SE Washington, DC 20590 Materials Safety Pipeline and Hazardous Administration JAN 2 9 2015 Mr. Richard J. Lloyd 31 Bastian Lane Allentown, PA 18104 Reference No. 14-0158 Dear Mr. Lloyd: This is in response to your recent e-mail requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the requirements for packaging "UN 3091 Lithium metal batteries contained in equipment or Lithium metal batteries packed with equipment (including lithium alloy batteries), 9 (miscellaneous), Packing Group (PG) II." Specifically, you ask if smaller lithium cells and batteries packed with or contained in equipment are placed in packagings that conform with the exceptions prescribed in § 173.185(c) must these packagings be United Nations (UN) performance packagings that meet the PG II performance level. Further, you note that requirements in § 173.185(c) for lithium batteries amended in the Docket No. PHMSA-2009-0095 (HM-224F; 79 FR 46012) final rule are not completely harmonious with those prescribed for UN 3091 lithium batteries in the UN Recommendations for the Transport of Dangerous Goods (Recommendations) in that they do not expressly except these batteries from the performance packaging requirements that apply to lithium cells and batteries packed with equipment prescribed in § 173.185(b)(3)(iii). The answer is no. Provided the completed package of lithium cells and batteries, or lithium cells or batteries packed with or contained in equipment, meets the conditions prescribed in § 173.185 (c), it is not subject to the PG II, UN performance packaging requirements specified in § 173.185(b)(3)(iii). However, inner packagings that contain lithium cells and batteries packed with equipment in conformance with § 173.185(c) must comply with the inner packaging requirements prescribed in § 173.185(b)(3)(iii)(A) or (b)(3)(iii)(B). The Pipeline and Hazardous Materials Safety Administration will clarify this requirement in a future rulemaking. I hope this satisfies your request. Sincerely, T. Glenn Foster Chief, Regulatory Review and Reinvention Branch Standards and Rulemaking Division#

Page 2Edmonson 173.185 Goodall, Shante CTR (PHMSA) Ailina Battery From: Sent: Ciccarone, Michael CTR (PHMSA) To: Friday, August 15, 2014 2:00 PM 14 - 0158 Subject: Hazmat Interps FW: HM-224F Shante and Alice, Please submit this for a formal letter of interpretation. Mr. Lloyd spoke to Mike Pagel in the HMIC. Thanks, Mike From: Richard Lloyd [mailto:dickchar@rcn.coml Sent: Thursday, August 14, 2014 3:44 PM To: INFOCNTR (PHMSA) Subject: HM-224F Dear Sir: I will appreciate an interpretation letter clarifying the packaging requirements specified in the August 6, 2014 HM-224F "exceptions" to the regulations. The Final rule seems to require UN performance packaging for the exempt shipments of Final Rule as it pertains to shipments of lithium metal batteries packed with equipment (UN 3091) and shipped as CFR Hazardous Materials Regulations with the ICAO Technical Instructions and the IMDG Code and permit the lithium lithium metal batteries packed with equipment (UN 3091), whereas the intent of the Final Rule was to harmonize the 49 • Regulates in no A Tea, metal batteries packed with equipment (UN 3091), when shipped as exceptions, to be packaged in a strong outer package. 49 CFR 173.185 paragraph (C), Exceptions for smaller cells and batteries, indicates that a package containing lithium batteries packed with equipment, meeting the conditions of this paragraph, is excepted from the UN performance (3) (III). packaging requirements in paragraph (b) (3) (i). There is no mention of an exception from complying with paragraph (b) Paragraph (b) (3) (iii) states: "When packed with equipment lithium cells or batteries must: (A) Be placed in inner packagings that completely enclose the cell or battery, then placed in an outer packaging. The paragraph (b) (3) (ii) of this section; or completed package for the cells or batteries must meet the Packing Group Il performance requirements as specified in (B) Be placed in inner packagings that completely enclose the cell or battery, then placed with equipment in a package that meets the Packing Group I performance requirements as specified in paragraph (b) (3) (i) of this section." I believe a UN performance rated package would be required to meet the Packing Group Il performance requirement in excepted shipments of lithium metal batteries packed with equipment (UN 3091). paragraph (b) (3) (ili). This would suggest that the type of outer packaging specified in (b) (3) (i) should be used for the Thank you for your help with understanding the necessary compliance for these shipments. Richard J. Lloyd Allentown, PA 18104 31 Bastian Lane#