# Mr. Richard J. Lloyd — Hazardous Materials Safety Interpretation

- **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:** Not available
- **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:**

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U.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 2>>>

Edmonson
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
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