{"operation":"document","citation":"14-0158","title":"Mr. Richard J. Lloyd — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2015-01-29","effective_on":null,"summary":"14-0158 concerning 173.185.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-14-0158.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-14-0158.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-14-0158","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2015/140158.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\n1200 New Jersey Avenue SE\nWashington, DC 20590\nMaterials Safety\nPipeline and Hazardous\nAdministration\nJAN 2 9 2015\nMr. Richard J. Lloyd\n31 Bastian Lane\nAllentown, PA 18104\nReference No. 14-0158\nDear Mr. Lloyd:\nThis is in response to your recent e-mail requesting clarification of the Hazardous Materials\nRegulations (HMR; 49 CFR Parts 171-180) applicable to the requirements for packaging\n\"UN 3091 Lithium metal batteries contained in equipment or Lithium metal batteries\npacked with equipment (including lithium alloy batteries), 9 (miscellaneous), Packing\nGroup (PG) II.\" Specifically, you ask if smaller lithium cells and batteries packed with or\ncontained in equipment are placed in packagings that conform with the exceptions\nprescribed in § 173.185(c) must these packagings be United Nations (UN) performance\npackagings that meet the PG II performance level.\nFurther, you note that requirements in § 173.185(c) for lithium batteries amended in the\nDocket No. PHMSA-2009-0095 (HM-224F; 79 FR 46012) final rule are not completely\nharmonious with those prescribed for UN 3091 lithium batteries in the UN\nRecommendations for the Transport of Dangerous Goods (Recommendations) in that they\ndo not expressly except these batteries from the performance packaging requirements that\napply to lithium cells and batteries packed with equipment prescribed in\n§ 173.185(b)(3)(iii).\nThe answer is no. Provided the completed package of lithium cells and batteries, or lithium\ncells or batteries packed with or contained in equipment, meets the conditions prescribed in\n§ 173.185 (c), it is not subject to the PG II, UN performance packaging requirements\nspecified in § 173.185(b)(3)(iii). However, inner packagings that contain lithium cells and\nbatteries packed with equipment in conformance with § 173.185(c) must comply with the\ninner packaging requirements prescribed in § 173.185(b)(3)(iii)(A) or (b)(3)(iii)(B). The\nPipeline and Hazardous Materials Safety Administration will clarify this requirement in a\nfuture rulemaking.\nI hope this satisfies your request.\nSincerely,\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<<PAGE 2>>>\n\nEdmonson\n173.185\nGoodall, Shante CTR (PHMSA)\nAilina Battery\nFrom:\nSent:\nCiccarone, Michael CTR (PHMSA)\nTo:\nFriday, August 15, 2014 2:00 PM\n14 - 0158\nSubject:\nHazmat Interps\nFW: HM-224F\nShante and Alice,\nPlease submit this for a formal letter of interpretation. Mr. Lloyd spoke to Mike Pagel in the HMIC.\nThanks,\nMike\nFrom: Richard Lloyd [mailto:dickchar@rcn.coml\nSent: Thursday, August 14, 2014 3:44 PM\nTo: INFOCNTR (PHMSA)\nSubject: HM-224F\nDear Sir:\nI will appreciate an interpretation letter clarifying the packaging requirements specified in the August 6, 2014 HM-224F\n\"exceptions\" to the regulations. The Final rule seems to require UN performance packaging for the exempt shipments of\nFinal Rule as it pertains to shipments of lithium metal batteries packed with equipment (UN 3091) and shipped as\nCFR Hazardous Materials Regulations with the ICAO Technical Instructions and the IMDG Code and permit the lithium\nlithium metal batteries packed with equipment (UN 3091), whereas the intent of the Final Rule was to harmonize the 49\n• Regulates in no A Tea,\nmetal batteries packed with equipment (UN 3091), when shipped as exceptions, to be packaged in a strong outer\npackage.\n49 CFR 173.185 paragraph (C), Exceptions for smaller cells and batteries, indicates that a package containing lithium\nbatteries packed with equipment, meeting the conditions of this paragraph, is excepted from the UN performance\n(3) (III).\npackaging requirements in paragraph (b) (3) (i). There is no mention of an exception from complying with paragraph (b)\nParagraph (b) (3) (iii) states:\n\"When packed with equipment lithium cells or batteries must:\n(A) Be placed in inner packagings that completely enclose the cell or battery, then placed in an outer packaging. The\nparagraph (b) (3) (ii) of this section; or\ncompleted package for the cells or batteries must meet the Packing Group Il performance requirements as specified in\n(B) Be placed in inner packagings that completely enclose the cell or battery, then placed with equipment in a package\nthat meets the Packing Group I performance requirements as specified in paragraph (b) (3) (i) of this section.\"\nI believe a UN performance rated package would be required to meet the Packing Group Il performance requirement in\nexcepted shipments of lithium metal batteries packed with equipment (UN 3091).\nparagraph (b) (3) (ili). This would suggest that the type of outer packaging specified in (b) (3) (i) should be used for the\nThank you for your help with understanding the necessary compliance for these shipments.\nRichard J. Lloyd\nAllentown, PA 18104\n31 Bastian Lane","truncated":false,"body_characters":4830}