{"operation":"document","citation":"15-0040","title":"Wiley Rein LLP — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2016-06-21","effective_on":null,"summary":"15-0040 response to Wiley Rein LLP concerning 173.21.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-15-0040.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-15-0040.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-15-0040","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2016/150040.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\n1200 New Jersey Avenue, SE\nWashington, D.C. 20590\nPipeline and Hazardous\nMaterials Safety\nAdministratior\nJUN 2 1 2016\nMr. George Kerchner\nSenior Regulatory Analyst\nWiley Rein LLP\n1776 K Street NW\nWashington, DC 20006\nReference No. 15-0040\nDear Mr. Kerchner:\nThis is in response to your March 10, 2015 letter requesting confirmation of the requirements\nfor shipping lithium metal batteries contained in equipment under the Hazardous Materials\nRegulations (HMR; 49 CFR Parts 171-180), the International Civil Aviation Organization's\nTechnical Instructions for the Safe Transport of Dangerous Goods by Air (ICAO TI) and the\nInternational Maritime Dangerous Goods (IMDG) Code. Specifically you ask if a water flow\nmeter containing two lithium metal C-size cells with an aggregate lithium metal content of\napproximately 4.5 grams can be placed into a package in conformance with all applicable\nrequirements of the HMR, the ICAO TI and the IMDG code and transported by all modes\nwhile the electronic device is activated (i.e. powered on). The device would meet all\nappropriate requirements including lithium battery design testing and protection of the device.\nThe HMR do not specifically address electronic devices that are intentionally active in\ntransport. As such, the HMR do not prohibit the transport of a battery-powered device in an\noperational mode by any mode of transportation, including air provided the device is\npackaged to prevent sparks and the evolution of a dangerous quantity of heat (see § 173.21).\nThe ICAO TI in Section II of Packing Instruction 970 and the IMDG Code, in special\nprovision 188 and packing instruction 903 of the IMDG code permit devices such as radio\ntrequency identitication tags, watches and temperature loggers to be transported when active.\nThese devices must not be capable of generating a dangerous evolution of heat.\nThe flow meter described in your letter containing two lithium metal cells may be transported\nin an operational mode within the United States in accordance with the HMR. The flow\nmeter may be transported in an operational mode to, from, or within the United States in\naccordance with packing instruction 903 of the IMDG Code, if all or part of the transportation\nis by vessel. The flow meter would not be eligible for air transport in an operational mode in\naccordance with the ICAO TI because the lithium content of the cells contained in the device\nexceeds the limit specified in Section II of Packing Instruction 970.\nThe shipper must ensure that the battery and the device as presented for transport will not\ngenerate a dangerous quantity of heat or sparks when powered on. In addition to any HMR\nand ICAO TI requirements and limitations, you are advised to consider any aviation-specific\n\n<<<PAGE 2>>>\n\nrequirements prescribed by the Federal Aviation Administration that may be applicable in\nconnection with the water flow meter that is the subject of this letter and with any other\nelectronic device. The aviation-based requirements continue to evolve necessitating such\nconsideration.\nI trust this information is helpful. If you have further questions, please do not hesitate to\ncontact this office.\nSincerely,\nDuane A Rend\nDuane Pfund\n...\nInternational Standards Coordinator\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\nearu\n8 : 73. 485\nLethrum Batterles\nWiley\n15 - 0040\nRein\n•T LLP\n1776 K STREET NW\nPHONE\nWASHINGTON, DC 20006\nFebruary 17, 2015\nSenior Regulatory Analyst\nGeorge A. Kerchner\nFAX\n202.719.7049\n202.719.7000\n202.719.4109\ngkerchner@wileyrein.com\n7925 JONES BRANCH DRIVE\nMCLEAN, VA 22102\nFAX\nPHONE\n703.905.2820\n703.905.2800\nDelivered Via Email\nU.S. Department of Transportation\nPipeline and Hazardous Materials Safety Administration\nwww.wileyrein.com\nOffice of Hazardous Materials Standards/Attn: PHH-10\nEast Bulding\n1200 New Jersey Avenue, SE.\nWashington, DC 20590-0001\nRe: Supplemental Request for Interpretation on Shipping Lithium Batteries\nContained in Equipment\nOn January 20, 2015, PHMSA responded to our request for a letter confirming that\na certain water flow meter containing a lithium metal battery may be shipped in\naccordance with the U.S. hazardous materials regulations (HMR) and international\ndangerous goods regulations. (See Reference No. 14-0207.) We now require\nadditıonal clarıtication on whether the water meter (IFC070) with the battery\ninstalled may be shipped by all modes of transport with the meter activated\n(i.e., powered on).\nIn order for the water flow meter to be properly utilized in the field, the lithium\nmetal battery is permanently installed in the meter. That is, the battery is not\nintended to be removed until it reaches the end of life. After the battery is installed\nby the manufacturer, the meter is activated and ready for immediate installation in\nthe field. In other words, the meter is not designed with an on/off switch. It is\ndesigned this way to eliminate the need to open the electronics enclosure in the field\nand risk potential contamination by moisture or dirt intrusion that would cause the\nmeter to fail prematurely\nIt is our understanding that the U.S. HMR and international dangerous goods\nregulations do not prohibit the transport of electronic devices like the above-\nreferenced water meter while in the operational mode provided the device is\npackaged to prevent sparks and the evolution of a dangerous quantity of heat. (See\nPHMSA letter to Fed Ex Express dated April 23, 2009, Ref. No.: 09-0047.) We\nalso recognize that for air transport, the FAA may require evidence that the\nactivated water meter will not cause interference with the navigation or\ncommunication systems of the aircraft. However, because the water meter does not\n\n<<<PAGE 4>>>\n\nWiley\nRein\nLLP.\nFebruary 17, 2015\nPage 2\ntransmit signals that can cause interference with navigation systems, this is not an\nissue of concern.\nTherefore, we request confirmation that an activated (i.e., powered on) water meter\ncontaining a lithium metal battery as described above and in the January 20, 2015\nPHMSA interpretation letter (Reference No14-0207) may be shipped by all modes\nof transport provided the following conditions are met:\n- The meter is packaged to prevent sparks and the evolution of a dangerous\nquantity of heat; and\n-\nThe meter will not cause interference with the navigation or communication\nsystems of the aircraft when transported by passenger or cargo aircraft.\nThank you for your assistance.\nSincerely.\nGeorge Kerchner\nSenior Regulatory Analyst\n13796541.1","truncated":false,"body_characters":6522}