{"operation":"document","citation":"15-0043","title":"Ingram Micro Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2015-10-20","effective_on":null,"summary":"15-0043 response to Ingram Micro Inc. concerning 173.185.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-15-0043.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-15-0043.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-15-0043","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2015/150043.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\nWashington. DC\n1200 New Jersey Avenue 3E\n20590\nPipeline and Hazardous\nMaterials Safety\nAdministration\nMr. Glenn Williams\nOCT 2 0 2015\nIngram Micro Inc.\n1759 Wehrle Drive\nWilliamsville, NY 14221\nRef. No. 15-0043\nDear Mr. Williams:\nThis is a response to your March 4, 2015 email requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) with regard to the transportation of\nlithium batteries under § 173.185(c). Specifically, you request confirmation that electronic\nmanifests corresponding to your shipments are not required to be annotated with the\nrequired language in § 173.185(c)(4)(ii), stating the package complies with that paragraph\n((c)(4)), or the applicable ICAO Packing Instruction.\nIn accordance with § 173.185(c)(4)(ii), when an air waybill (AWB) is used, an indication on\nthe air waybill of compliance with paragraph (c)(4) (or the applicable ICAO Packing\nInstruction) must be included. In your email and conversation with a member of my staff,\nyou state that you use an electronic manifest and not an AWB for shipments of lithium\nbatteries. This document includes information regarding the shipment, such as the number\nof packages, but does not include an indication of the commodity. Additionally, you state\nthat the electronic manifest contains the information normally found on an AWB (i.e.,\ncontractual information between the shipper and carrier).\nAlthough not defined in the HMR, we believe industry practice is for an AWB to include a\ndescription of the nature of goods in the shipment. The freight forwarder or air carrier that\naccepts your shipments are in the best position to inform you of whether an AWB (or\ninformation contained within the AWB) is required with your shipments). If so, the AWB\nannotation in § 173.185(c)(4)(ii) is required.\nThe required annotations (i.e., the marking on the box and the indication on AWB)\ncommunicate to the air carrier that the package contains lithium batteries and is in\ncompliance with the HMR without more extensive paperwork. They are both important\nhazard communications to air carriers. Air carriers cannot manage risks to their aircraft if\nthey cannot identify such risks. I encourage you to inquire with your freight forwarder\nand/or air carrier to ensure that your shipments are offered in compliance.\n\n<<<PAGE 2>>>\n\nI hope this information is helpful. If you have any more questions, please do not hesitate to\ncontact this office.\nSincerely,\nfor Dirk Der Kinderen\nActing Chief, Standards Development\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\njuchak\nIN RAMI!\n$173.185 X4(1)\nupplicabilit\n15-0043\nGlenn K. Williams\nHazardous Materials Project Manager\nIngram Micro Inc.\n1759 Wehrle Drive\nDirect\nMobile\n+1-585-746-7471\nWilliamsvile, NY 14221\n+1-585-728-3232\nGlenn.williams@ingrammicro.com\nMarch 4, 2015\nMr. Charles E. Betts\nDirector, Standards and Rulemaking Division\n1200 New Jersey Avenue, SE East Building, 2nd Floor\nU.S. DOT/PHMSA (PHH-10)\nWashington, DC 20590\nSubject: Request for Interpretation; 49 CFR 173.185(c) (4)(ii)\nDear Mr. Betts:\nPlease accept this letter as a request for formal interpretation and applicability of 49 CFR\n173.185(c)(4)(ii).\nWhen tendering consignments of lithium batteries to our air carriers Ingram Micro uses an\nelectronic manifest. We do not use an air waybill. It is our understanding since we do not use an\nair waybill we are not required to annotate the electronic manifest with the required language\ndescribed in 173.185(c)(4)(ii) \"the shipment is in compliance with this paragraph or the applicable\nICAO Packing instruction\" when packages are required to bear lithium battery handling mark.\nIngram Micro respectfully request a formal written clarification on our understanding regarding\nthe requirement to annotate the electronic manifest with the language required when an air\nwaybill is used. Please contact me via email at glenn.williams@ingrammicro or at 585-746-7471.\nThank you in advance\nSincerely,\nGlenn Wiliams\nGlenn Williams\nHazardous Materials Project Manager\nIngram Micro Inc.\nwww.ingrammicro.com","truncated":false,"body_characters":4105}