{"operation":"document","citation":"15-0061","title":"Currie Associates, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2015-06-16","effective_on":null,"summary":"15-0061 response to Currie Associates, Inc. concerning 173.185.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-15-0061.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-15-0061.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-15-0061","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2015/150061.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department of Transportation\nPipeline and Hazardous Materials\nWashington, DC 20590\n1200 New Jersey Avenue, SE\nSafety Administration\nJUN 1 5 2015\nL'Gena Shaffer\nTechnical Consultant\n10 Hunter Brook Lane\nCurrie Associates, Inc.\nQueesbury, NY 12804\nRef. No.: 15-0061\nDear Ms. Shaffer:\nThis is in response to your letter dated March 25, 2015 letter, requesting clarification of the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) relating to packaging of\nlithium battery powered equipment. You request confirmation of your understanding that\nlithium batteries contained in equipment are not subject to the requirements for outer\npackagings when the equipment provides equivalent protection for the lithium battery.\nYour understanding of the requirements of § 173.185(b)(4) is correct. Lithium batteries\ninstalled in equipment may be transported unpackaged provided the equipment provides\nequivalent protection for the cells and batteries. When equipment containing lithium\nbatteries is placed in an outer package § 173.185(b)(4)(ii) requires the equipment to be\nsecured against movement and be packed so as to prevent accidental operation during\ntransport.\nI trust this information is helpful. If you have further questions, please do not hesitate to\ncontact this office.\nSincerely,\nDiane N7f\nDuane Pfund\nInternational Standards Coordinator\nStandards and Rulemaking Division\n\n<<<PAGE 2>>>\n\n73:185 (a)(4\nGoodall, Shante CTR (PHMSA)\nBetteries\nFrom:\nCiccarone, Michael CTR (PHMSA)\n1S-00lel\nSent:\nThursday, March 26, 2015 10:18 AM\nTo:\nHazmat Interps\nSubject:\nAttachments:\nFW: Interpretation request - 173.185(a)(4)\n03252015_interp 173.185(a)(4)FINAL.pdf\nShante/Alice,\nPlease submit this for a formal letter of interpretation.\nThanks,\nMike\nFrom: Currie Associates L'Gena Shaffer [mailto:Igena@currieassociates.com]\nSent: Wednesday, March 25, 2015 3:13 PM\nTo: Betts, Charles (PHMSA); PHMSA HM InfoCenter\nCc: Currie Associates L'Gena Shaffer; Currie Associates, Chris Yakush\nSubject: Interpretation request - 173.185(a)(4)\nMr. Betts and HMIC,\nlithium batteries installed §173.185(a)(4).\nAttached please find an interpretation request to clarify if outer packaging is necessary for larger pieces of equipment with\nFeel free to contact me if you have any questions.\nBest regards,\nL'Gena Shaffer, CDGP\nTechnical Consultant\nCurrie Associates, Inc.\n10 Hunter Brook Lane\nO: 770-253-0220\nQueensbury, NY 12804\nF: 518-792-7781\nYour Compliance Solution to Hazardous Materials/Dangerous Goods Transportation Services & Support\nThis information is intended to provide interpretative and authoritative information in regard to the subject matter covered as a service to\n1\n\n<<<PAGE 3>>>\n\nCurrie Associates, Inc.\nThe Global Compliance Professionals\nTraining • Auditing • Consulting\nMarch 25, 2015\nPHMSA Office of Hazardous Materials Standards\nU.S. Department of Transportation\nAttn: PHH-10\n1200 New Jersey Avenue, SE.\nEast Building\nWashington DC 20590-0001\nPhmsa.hm-infocenter@dot.gov\nPI P903\nRE: Request for interpretation on §173.185(g) compared to ICAO TI PI 967, IMDG PI P903 and ADR\nDear Standards Office:\nprovide a clarification on the provisions found in 49CFR 173.185(a)(4) of the lithium battery regulations.\nCurrie Associates, Inc. requests the Pipeline and Hazardous Materials Safety Administration (PHMSA)\nSpecifically, we wish to confirm that a lithium ion battery contained in equipment which provides\npackaging in (a) (4)(ii).\nequivalent protection as described in §173.185(a)(4)(i) is not subject to the requirements for outer\nrack cabinet enclosure. The metal cabinets may weigh in excess of 50 kg and would typically be shipped\nConsider a product having lithium ion batteries ranging in size from 1 kg to 5 kg installed in a large metal\non specially-designed pallets and anchored for transport.\nAn exemption from outer packaging for lithium ion batteries contained in equipment is provided in the\nInternational Civil Aviation Organization Technical Instructions for the Safe Transport of Dangerous\nGoods (ICAO TI) in Packing Instruction 967, in the Agreement for Dangerous Goods by Road (ADR) in\nInstruction P903.\nPacking Instruction P903, and the International Maritime Dangerous Goods (IMDG) Code in Packing\n49CFR §173.185(a)(4) currently states:\n\"(4) When lithium cells or batteries are contained in equipment:\n(i) The outer packaging must be constructed of suitable material of adequate strength and design in\nrelation to the capacity and intended use of the packaging, unless the lithium cells or\ncontained; [emphasis added]\nbatteries are afforded equivalent protection by the equipment in which they are\n(ii) Equipment must be secured against movement within the outer packaging and be packed so as\n(iii) Any spare lithium ion cells or batteries packed with the equipment must be packaged in\nto prevent accidental operation during transport, and\naccordance with paragraph (b)(3) of this section.\nrequired. The exemption from strong outer packaging in sub-subparagraph (i) is contradicted in sub-\nThe current text can be interpreted as if sub-subparagraphs (i), (i) and (iii) of subparagraph (4) are all\nsubparagraph (i) which states \"... within the outer packaging\".\nHazardous Materials Regulations (HMR) lithium battery requirements with the international regulations.\nAs indicated in the preamble to the Final Rule, HM-224F was intended and published to harmonize the\n10 Hunter Brook Lane, Queensbury, NY 12804 - Phone: (518) 761-0668 • Fax: (518) 792-7781 - mail@currieassociates.com • www.currieassociates.com\n\n<<<PAGE 4>>>\n\nThe ICAO TI, ADR, and IMDG Code do not require strong outer packaging when lithium ion batteries are\nare permitted for use by the HMR per 49 CFR, Part 171, Subpart C. However, for transport by ground in\ncontained in equipment provided the equipment itself provides adequate protection. These regulations\nthe U.S. the HMR appears to be more restrictive by requiring outer packaging.\nICAO TI Packing Instruction 967, Section I, additional requirements states:\n\"The equipment must be packed in strong outer packagings constructed of suitable material of\nadequate strength and design in relation to the packaging's capacity and its intended use unless\nthe battery is afforded equivalent protection by the equipment in which it is contained.\"\nIMDG Code, P903, paragraph (4) states in part:\n\"For cells or batteries contained in equipment:\nLarge equipment can be offered for transport unpackaged or on pallets when the cells or\nbatteries are afforded equivalent protection by the equipment in which they are\ncontained.\"\nADR P903 allows for cells or batteries contained in equipment:\nafforded equivalent protection by the equipment in which they are contained.\"\n..to be offered for carriage unpackaged or on pallets when the cells or batteries are\nlithium ion batteries are afforded equivalent protection by the equipment in which they are contained.\nTherefore, we wish to confirm it is not PHMSA's intention to omit this exception to outer packaging when\nI can be reached at 770-253-0220 or by email at Igena@currieassociates.com if you have any questions.\nThank you for your assistance.\nSincerely,\nLitera t shaffer\nTechnical Consultant\nCurrie Associates, Inc.","truncated":false,"body_characters":7211}