{"operation":"document","citation":"14-0207","title":"Wiley Rein LLP — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2015-01-20","effective_on":null,"summary":"14-0207 response to Wiley Rein LLP concerning 173.185.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-14-0207.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-14-0207.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-14-0207","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2015/140207.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\n1200 New Jersey Avenue, SE\nWashington, D.C. 20590\nMaterials Safety\nPipeline and Hazardous\nAdministration\nJAN 2 0 2015\nMr. George Kerchner\nSenior Regulatory Analyst\nWiley Rein LLP\n1776 K Street NW\nWashington, DC 20006\nReference No. 14-0207\nDear Mr. Kerchner:\nThis is in response to your October 20, 2014 email requesting confirmation of the\nrequirements for shipping lithium metal batteries contained in equipment under the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180), the International Maritime\nDangerous Goods (IMDG) Code, and the International Civil Aviation Organization's\nTechnical Instructions for the Safe Transport of Dangerous Goods by Air (ICAO TI).\nYour email states your product consists of a water flow meter containing two lithium metal\nC cells with an aggregate lithium metal content of approximately 4.5 grams. The cell and\nbattery designs have been tested in accordance with the UN Manual of Tests and Criteria. In\naddition, the battery has three levels of protection in the meter; (1) the lithium metal battery\nis sealed; (2) the battery is placed inside the meter, and (3) the meter is packaged in a\ncustomized engineered box or crate. Finally, the meter will be placed in a strong outer\npackaging, packed to prevent movement within the outer packaging and accidental\nactivation of the equipment during transport.\nYour questions are paraphrased and answered as follows:\nQ1. Provided the packaging, marking, labeling and documentation requirements in\n§ 173.185(b) or § 173.185 (c) and all other applicable requirements of the HMR are met,\nmay the flow meters described above be shipped by motor vehicle, aircraft and cargo vessel\nwithin the United States?\nAl. Section 173.185(c) prescribes exceptions for smaller lithium cells or batteries subject to\ncertain conditions. Paragraph (c)(1)(ii) provides that the lithium content may not exceed 1 g\nfor a lithium metal cell or 2 g for a lithium metal battery. Paragraph (c)(1)(iv) provides that\nfor transportation by highway or rail only, the lithium metal content of the cell and battery\nmay be increased to 5 g for a lithium metal cell and 25 g for a lithium metal battery.\nTherefore, as the water flow meter you describe contains 4.5 grams aggregate lithium\ncontent, it would be fully regulated under the HMR as a Class 9 hazardous material when\ntransport is by aircraft or vessel, but not when transport is by motor vehicle or rail. For\n\n<<<PAGE 2>>>\n\ntransport by motor vehicle or rail, a device containing 4.5 grams aggregate lithium content\nmay be excepted from Class 9 requirements in accordance with the exceptions in\n§ 173.185 (c).\nQ2. Provided the packaging requirements in Packing Instruction (PI) 970 of the ICAO TI\nand all other applicable marking, labeling and documentation requirements of the ICAO TI\nare met, may the flow meter described above be shipped internationally by air from the\nUnited States?\nA2. Yes, the flow meter containing lithium metal cells or batteries may be transported to,\nfrom or within the United States in accordance with Section I of Packing Instruction 970 as\na fully regulated Class 9 hazardous material, if all or part of the transportation is by aircraft.\nThe device would not be eligible for the exceptions provided in Section II of PI 970 as the\naggregate lithium content of 4.5 grams in the flow meters exceeds 1 g for a lithium metal\ncell or 2 g for a lithium metal battery.\nQ3. Provided the packaging requirements in PI 903 of the IMDG Code and all other\napplicable marking, labeling and documentation requirements of the IMDG Code are met,\nmay the flow meter as described above be shipped internationally by cargo vessel from the\nUnited States?\nA3. Yes, the flow meter containing lithium metal cells or batteries may be transported to,\nof the transportation is by vessel.\nfrom or within the United States in accordance with PI 903 of the IMDG Code, if all or part\nI trust this information is helpful. If you have further questions, please do not hesitate to\ncontact this office.\nSincerely,\nShowC. lee\nShane C. Kelley\nActing International Standards Coordinator\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\nWener\n$ 173.185 (6) cr (c)\nDodd, Alice (PHMSA)\nBatteries\n14-0207\nFrom:\nSent:\nCiccarone, Michael CTR (PHMSA)\nTo:\nThursday, October 30, 20149:43 AM\nSubject:\nHazmat Interps\nAttachments:\nFW: Request for Interpretation\nWRFMAIN-#13796541-V1-USDOT_Letter_10_20_14.pdf\nShante/Alice,\nPlease submit this for a formal letter of interpretation.\nThanks,\nMike\nFrom: Kerchner, George [mailto:GKerchner@wileyrein.com]\nTo: PHMSA HM InfoCenter\nSent: Wednesday, October 29, 2014 9:56 PM\nSubject: Request for Interpretation\nPlease find attached a request for interpretation on shipping lithium metal batteries contained in equipment.\nThank you.\nWiley\nGeorge A. Kerchner\nRein\nSenior Regulatory Analyst\nWiley Rein LLP\n1776 K Street NW\nTel: 202.719.4109 | Fax: 202.719.7049\nWashington, DC 20006\nwww.wileyrein.com\nEmail: GKerchner@wileyrein.com\nNOTICE: This message (including any attachments) from Wiley Rein LLP may constitute an attorney-client\ncommunication and may contain information that is PRIVILEGED and CONFIDENTIAL and/or ATTORNEY\nWORK PRODUCT. If you are not an intended recipient, you are hereby notified that any dissemination of this\nmessage is strictly prohibited. If you have received this message in error, please do not read, copy or forward\nthis message. Please permanently delete all copies and any attachments and notify the sender immediately by\nGREEN(™). Please consider the environment before printing this email.\nsending an e-mail to Information@wileyrein.com. As part of our environmental efforts, the firm is WILEY\n\n<<<PAGE 4>>>\n\nWiley\nRein\nLLP\n1776K STREET NW\nWASHINGTON, DC 20006\nOctober 20, 2014\nSenior Regulatory Analyst\nGeorge A. Kerchner\nFAX\nPHONE\n202.719.7049\n202.719.7000\n202,719.4109\ngkerchner@wileyrein.com\nMCLEAN, VA 22102\n7925 JONES BRANCH DRIVE\nFAX\nPHONE\n703.905.2800\nDelivered Via Email\n703.905.2820\nU.S. Department of Transportation\nwww.wileyrein.com\nPipeline and Hazardous Materials Safety Administration\nEast Building\nOffice of Hazardous Materials Standards/Attn: PHH-10\n1200 New Jersey Avenue, SE.\nWashington, DC 20590-0001\nRe: Request for Interpretation on Shipping Lithium Batteries\nContained in Equipment\nI am writing to request confirmation that a water flow meter containing a lithium\nmetal battery as more fully described below may be shipped in accordance with the\nregulations.\nU.S. hazardous materials regulations (HMR) and international dangerous goods\nThe lithium metal battery in this particular flow meter contains two lithium\nmetal C cells and has an aggregate lithium metal content of approximately 4.5\nMans. The el and batter designs have been tested in accordance with the\nManual of Tests and Criteria. In addition.\nprotection in the meter:\ni. the lithium metal battery is sealed;\nii. the battery is placed inside the meter; and\niii. the meter is packaged in a customized engineered box or crate.\nThere is no form of communication (radio or cellular) built into the flow meter. It\nconnect to for remote communication.\ndoes provide a LCD readout and interface for a separate radio or cellular device to\nThe flow meter with the lithium metal battery installed will be shipped domestically\nand internationally by motor vehicle, aircraft and cargo vessel. The meter will be\nplaced in a strong outer packaging constructed of suitable material of adequate\nstrength and design to withstand conditions normally incident to transportation. In\naddition, the meter will be secured against movement within the outer packaging\nand be packed so as prevent accidental operation during transport.\n\n<<<PAGE 5>>>\n\nWiley\nRein\nLLP.\nOctober 20, 2014\nPage 2\nBased on the above-referenced information, please confirm the following shipping\nscenarios are authorized in accordance with the U.S. HMR, ICAO Technical\nInstructions and IMDG Code:\n1. Provided the packaging, marking, labeling and documentation requirements\nin 49 CFR § 173.185(b) or § 173.185(c) and all other applicable\nrequirements of the U.S. HMR are met, may the flow meter as described\nUnited States?\nabove be shipped by motor vehicle, aircraft and cargo vessel within the\n2. Provided the packaging requirements in Packing Instruction 970 of the\nICAO Technical Instructions and all other applicable marking, labeling and\ndocumentation requirements of the ICAO Technical Instructions are met,\nfrom the United States?\nmay the flow meter as described above be shipped internationally by air\n3. Provided the packaging requirements in Packing Instruction P903 of the\nIMDG Code and all other applicable marking, labeling and documentation\nrequirements of the IMDG Code are met, may the flow meter as described\nabove be shipped internationally by cargo vessel from the United States?\nThank you for your assistance.\nSincerely.\nDoor A-Kerchner\nGeorge Kerchner\nSenior Regulatory Analyst\n13796541.1","truncated":false,"body_characters":8955}