{"operation":"document","citation":"15-0021","title":"United Parcal Service — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2015-08-12","effective_on":null,"summary":"15-0021 response to United Parcal Service concerning 173.185.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-15-0021.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-15-0021.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-15-0021","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2015/150021.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nWashington. DC 20590\n1200 New Jersey Avenue SE\nPipeline and Hazardous\nAdministration\nMaterials Safety\nAUG 1 2 2015\nSamuel S. Elkind\nUnited Parcel Service\nCorporate Regulated Goods Manager\n55 Glenlake Parkway, NE\nAtlanta, GA 30328-3474\nRef. No. 15-0021\nDear Mr. Elkind:\nThis responds to your January 27, 2015 letter requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you request\nclarification on hazard communication requirements in § 173.185(c)(3)(ii) regarding\nlithium cells or batteries.\nSection 173.185(c)(3)(ii) requires that shipments of lithium cells or batteries in several\nconfigurations must be accompanied by a document that contains information specified in\nthe regulations. You state that some customers suggest the provisions in § 173.185(c) (3)(ii)\nmay be satisfied by enclosing the document within the package containing the lithium cells\nor batteries. You state that you are aware of the opinion voiced by PHMSA representatives\nat public meetings that the document is intended to be used away from the package.\nFinally, you state that you are aware that when you tender a shipment of lithium cells or\nbatteries to a commercial airline for transport to its final destination, the document must be\nfurnished to the interline air carrier. You seek clarification whether a document contained\ninside a package would satisfy the requirements of § 173.185 (c)(3)(ii).\nWhile not recommended by PHMSA, it is not prohibited to place the document in the\npackage in accordance with requirements in § 173.185(c)(3)(ii). This document may also\nbe transmitted attached to the package (for example, in an accessible pouch affixed to the\npackage) or may be transmitted separately to the carrier in a manner that permits the\ninformation to be produced as a paper document without delay.\nI hope this satisfies your inquiry. If you need additional assistance, please contact this\nOffice at 202-366-8553.\nSincerely,\nirk Der Kindere\nActing Chief, Standards Development Branch\nStandards and Rulemaking Division\n\n<<<PAGE 2>>>\n\nboothe\n173185(0)(3)611\nLathium Cells & BatteRies\n45 - 0021\n55 Glenlake Parkway, NE\nAtlanta, GA 30328-3474\nUps\nJanuary 27, 2015\nMr. Charles Betts\nPipeline and Hazardous Materials Safety Administration\nU.S. Department of Transportation\n1200 New Jersey Avenue, SE - PHH-10\n• East Building, Second Floor\nWashington, DC 20590\nRe: Lithium Battery Documentation - 49 CFR 173.185(c) (3)(ii)\nDear Mr. Betts:\nIn accordance with 49 CFR 173.185(c)(3)(ii), shipments of lithium cells or batteries in several\nconfigurations must be accompanied by a document that contains information specified in the\nregulations. In discussions with some customers, UPS has become aware of a number of innovative\nguidance.\nsuggestions for means of complying with this requirement and, for one in particular, UPS seeks PHMSA's\nSome customers have suggested that the provisions of 49 CFR 173.185(c)(3)(ii) may be satisfied by\nenclosing the document within the package containing the lithium cells or batteries. UPS is aware of the\n• opinion voiced by PHMSA representatives at some public meetings that the document is intended to be\nused away from the package. UPS is further aware that when UPS must tender a shipment of lithium cells\nor batteries to a commercial airline for carriage to its final destination, the document must be furnished\nto the interline air carrier. Accordingly, UPS seeks clarification whether a document contained inside a\npackage would satisfy the requirements of 49 CFR 173.185(c)(3)(i).\nThank you for your attention to this matter.\nSincerely,\ndonnelleD\nSamuel S. Elkind\nCorporate Regulated Goods Manager","truncated":false,"body_characters":3722}