Currie Associates, Inc. — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Washington, DC 20590 1200 New Jersey Avenue, SE Safety Administration JUN 1 5 2015 L'Gena Shaffer Technical Consultant 10 Hunter Brook Lane Currie Associates, Inc. Queesbury, NY 12804 Ref. No.: 15-0061 Dear Ms. Shaffer: This is in response to your letter dated March 25, 2015 letter, requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) relating to packaging of lithium battery powered equipment. You request confirmation of your understanding that lithium batteries contained in equipment are not subject to the requirements for outer packagings when the equipment provides equivalent protection for the lithium battery. Your understanding of the requirements of § 173.185(b)(4) is correct. Lithium batteries installed in equipment may be transported unpackaged provided the equipment provides equivalent protection for the cells and batteries. When equipment containing lithium batteries is placed in an outer package § 173.185(b)(4)(ii) requires the equipment to be secured against movement and be packed so as to prevent accidental operation during transport. I trust this information is helpful. If you have further questions, please do not hesitate to contact this office. Sincerely, Diane N7f Duane Pfund International Standards Coordinator Standards and Rulemaking Division#

Page 273:185 (a)(4 Goodall, Shante CTR (PHMSA) Betteries From: Ciccarone, Michael CTR (PHMSA) 1S-00lel Sent: Thursday, March 26, 2015 10:18 AM To: Hazmat Interps Subject: Attachments: FW: Interpretation request - 173.185(a)(4) 03252015_interp 173.185(a)(4)FINAL.pdf Shante/Alice, Please submit this for a formal letter of interpretation. Thanks, Mike From: Currie Associates L'Gena Shaffer [mailto:Igena@currieassociates.com] Sent: Wednesday, March 25, 2015 3:13 PM To: Betts, Charles (PHMSA); PHMSA HM InfoCenter Cc: Currie Associates L'Gena Shaffer; Currie Associates, Chris Yakush Subject: Interpretation request - 173.185(a)(4) Mr. Betts and HMIC, lithium batteries installed §173.185(a)(4). Attached please find an interpretation request to clarify if outer packaging is necessary for larger pieces of equipment with Feel free to contact me if you have any questions. Best regards, L'Gena Shaffer, CDGP Technical Consultant Currie Associates, Inc. 10 Hunter Brook Lane O: 770-253-0220 Queensbury, NY 12804 F: 518-792-7781 Your Compliance Solution to Hazardous Materials/Dangerous Goods Transportation Services & Support This information is intended to provide interpretative and authoritative information in regard to the subject matter covered as a service to 1#

Page 3Currie Associates, Inc. The Global Compliance Professionals Training • Auditing • Consulting March 25, 2015 PHMSA Office of Hazardous Materials Standards U.S. Department of Transportation Attn: PHH-10 1200 New Jersey Avenue, SE. East Building Washington DC 20590-0001 Phmsa.hm-infocenter@dot.gov PI P903 RE: Request for interpretation on §173.185(g) compared to ICAO TI PI 967, IMDG PI P903 and ADR Dear Standards Office: provide a clarification on the provisions found in 49CFR 173.185(a)(4) of the lithium battery regulations. Currie Associates, Inc. requests the Pipeline and Hazardous Materials Safety Administration (PHMSA) Specifically, we wish to confirm that a lithium ion battery contained in equipment which provides packaging in (a) (4)(ii). equivalent protection as described in §173.185(a)(4)(i) is not subject to the requirements for outer rack cabinet enclosure. The metal cabinets may weigh in excess of 50 kg and would typically be shipped Consider a product having lithium ion batteries ranging in size from 1 kg to 5 kg installed in a large metal on specially-designed pallets and anchored for transport. An exemption from outer packaging for lithium ion batteries contained in equipment is provided in the International Civil Aviation Organization Technical Instructions for the Safe Transport of Dangerous Goods (ICAO TI) in Packing Instruction 967, in the Agreement for Dangerous Goods by Road (ADR) in Instruction P903. Packing Instruction P903, and the International Maritime Dangerous Goods (IMDG) Code in Packing 49CFR §173.185(a)(4) currently states: "(4) When lithium cells or batteries are contained in equipment: (i) The outer packaging must be constructed of suitable material of adequate strength and design in relation to the capacity and intended use of the packaging, unless the lithium cells or contained; [emphasis added] batteries are afforded equivalent protection by the equipment in which they are (ii) Equipment must be secured against movement within the outer packaging and be packed so as (iii) Any spare lithium ion cells or batteries packed with the equipment must be packaged in to prevent accidental operation during transport, and accordance with paragraph (b)(3) of this section. required. The exemption from strong outer packaging in sub-subparagraph (i) is contradicted in sub- The current text can be interpreted as if sub-subparagraphs (i), (i) and (iii) of subparagraph (4) are all subparagraph (i) which states "... within the outer packaging". Hazardous Materials Regulations (HMR) lithium battery requirements with the international regulations. As indicated in the preamble to the Final Rule, HM-224F was intended and published to harmonize the 10 Hunter Brook Lane, Queensbury, NY 12804 - Phone: (518) 761-0668 • Fax: (518) 792-7781 - mail@currieassociates.com • www.currieassociates.com#

Page 4The ICAO TI, ADR, and IMDG Code do not require strong outer packaging when lithium ion batteries are are permitted for use by the HMR per 49 CFR, Part 171, Subpart C. However, for transport by ground in contained in equipment provided the equipment itself provides adequate protection. These regulations the U.S. the HMR appears to be more restrictive by requiring outer packaging. ICAO TI Packing Instruction 967, Section I, additional requirements states: "The equipment must be packed in strong outer packagings constructed of suitable material of adequate strength and design in relation to the packaging's capacity and its intended use unless the battery is afforded equivalent protection by the equipment in which it is contained." IMDG Code, P903, paragraph (4) states in part: "For cells or batteries contained in equipment: Large equipment can be offered for transport unpackaged or on pallets when the cells or batteries are afforded equivalent protection by the equipment in which they are contained." ADR P903 allows for cells or batteries contained in equipment: afforded equivalent protection by the equipment in which they are contained." ..to be offered for carriage unpackaged or on pallets when the cells or batteries are lithium ion batteries are afforded equivalent protection by the equipment in which they are contained. Therefore, we wish to confirm it is not PHMSA's intention to omit this exception to outer packaging when I can be reached at 770-253-0220 or by email at Igena@currieassociates.com if you have any questions. Thank you for your assistance. Sincerely, Litera t shaffer Technical Consultant Currie Associates, Inc.#