{"operation":"document","citation":"15-0100","title":"Rayovac Corporation — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2015-10-21","effective_on":null,"summary":"15-0100 response to Rayovac Corporation concerning 173.185.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-15-0100.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-15-0100.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-15-0100","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2015/150100.pdf","body":"<<<PAGE 1>>>\n\nof Transportatior\nJ.S. Departmen\n1200 New Jersey Avenue, SE\nWashington, D.C. 20590\nipeline and Hazardou\nAdministration\nMaterials Safet\nOCT 2 1 2015\nMr. Richard Weinberger\nLab Department Engineer\nRayovac Corporation\nPortage, WI 53901\nReference No. 15-0100\nDear Mr. Weinberger:\nThis is in response to your May 26, 2015 email and subsequent telephone conversation with\na member of my staff requesting clarification of the requirements for shipping dented or\ndamaged lithium metal batteries in accordance with the Hazardous Materials Regulations\n(HMR; 49 CFR Parts 171-180). In your email you state that damaged or dented lithium\nmetal batteries are collected in a 30-gallon drum and filled with mineral oil. After reviewing\nthe regulations in § 173.185 for damaged, defective, or recalled batteries you ask if the\nregulations for damaged and defective batteries are in addition to the regulations for lithium\nbatteries shipped for disposal and whether the method described in your letter is compliant\nwith the HMR.\nThe regulations for shipping damaged, defective, or recalled batteries are separate from the\nregulations for lithium batteries shipped for disposal or recycling. The regulations in\n§ 178.185(d) and (f) are intended to address specific cases as identified in the introductory\ntext to those paragraphs.\nThe method described in your letter is partially compliant with the requirements for offering\nlithium cells or batteries for disposal or recycling as described in § 173.185(d). The use of\nmineral oil effectively prevents movement of the cells or batteries in the package and\nprevents short circuiting between batteries in the package. Lithium cells and batteries\nshipped for disposal or recycling are excepted from the design testing and record keeping\nrequirements of § 173.185(a) and the UN specification packaging requirements of\n§ 173.185(b)(3)(ii). However, in accordance with § 173.185(b)(3)(i), the cells and batteries\nmust be placed in non-metallic inner packages that completely enclose the cells or batteries\nand separate the cells or batteries from contact with equipment, other devices, or conductive\nmaterial in the packaging. Based on the information provided in your letter it does not\nappear that the packing method described in your letter addresses the requirement to place\nthe cells in non-metallic inner packages that completely surround the cells or batteries.\nThe method described in your letter is not compliant with the requirements for offering\ndamaged lithium cells and batteries as described in § 173.185(f). The regulations for the\nshipment of damaged lithium cells and batteries found in § 173.185(f) apply to cells and\nbatteries that have been damaged, or identified by the manufacturer as being defective for\n\n<<<PAGE 2>>>\n\nsafety reasons, that have the potential for producing a dangerous evolution of heat, fire or\nshort circuit. Such cells and batteries must be placed in individual, non-metallic inner\npackaging that completely encloses the cell or battery. The inner packaging must be\nsurrounded by cushioning material that is non-combustible, non-conductive, and absorbent.\nFinally, each inner package must be individually placed into one of the specific outer\npackagings identified in § 173.185(f).\nYou may apply to PHMSA for permission to use an alternate means to package damaged\nlithium cells and batteries under the terms of a special permit. To apply, you must submit an\napplication to the Associate Administrator tor Hazardous Materials Satety that contorms to\nthe requirements prescribed in 49 CFR Part 107, Subpart B. In your application, you must\nprovide justification that the method you are considering achieves a level of safety that is\nequal to or greater than that required under the HMR. You may obtain information on the\nspecial permit and approvals applications process from our website at\nhttp://www.phmsa.dot.gov/hazmat/regs/sp-a, or by calling PHMSA's Approvals and Permits\nDivision at (202) 366-4511.\nI trust this information is helpful. If you have further questions, please do not hesitate to\ncontact this office.\nSincerely,\nen Supko\nSenior Regulations Officer\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\nNeary\n173.185(F)\nGoodall, Shante CTR (PHMSA)\nLilhium Batteries\nFrom:\nKelley, Shane (PHMSA)\n15-0100\nSent:\nTuesday, May 26, 2015 4:55 PM\nTo:\nGoodall, Shante CTR (PHMSA); Dodd, Alice (PHMSA)\nSubject:\nFW: Lithium Metal Cell Shipping Regulations:\nHi Shante and Alice,\nCan we log in this request for an interp from Mr. Weinberger please? We'd like it assigned to PHH-13. Thank you\nFrom: Leary, Kevin (PHMSA)\nTo: Kelley, Shane (PHMSA)\nSent: Tuesday, May 26, 2015 1:55 PM\nCc: Pfund, Duane (PHMSA)\nSubject: FW: Lithium Metal Cell Shipping Regulations\nAnother question on \"damaged\" batteries. There is a growing need to clarify our position on how the\ndamaged/defective batteries provisions should be implemented. The presence of requirements for damaged batteries\nfire or short circuit. The attached letter in question and answer 3) touches on the idea that \"damage\" requiring\ncontinues to lead people in the direction that any damage is damage that have the potential to produce dangerous heat,\ntreatment under the provisions of § 173.185(f) is linked to the likelihood that the damage will produce dangerous heat\nfire or short circuit in transit.\nI recommend assigning this letter for a written response so that we can properly coordinate.\nKevin\nFrom: Weinberger, Richard [mailto:richard.weinberger@spectrumbrands.com]\nSent: Tuesday, May 26, 2015 12:56 PM\nSubject: Lithium Metal Cell Shipping Regulations\nTo: Leary, Kevin (PHMSA)\nHello Kevin,\nMy name is Rick Weinberger and I handle the environmental system for Rayovac in Portage, WI. I was hoping to get\nclarification on the new Lithium DOT regulations. At our facility, any dented or damaged lithium metal batteries had\nbeen collected in a 30 gallon steel drum filled with oil. After looking at the new DOT regulations of damaged lithium\ncells, our disposal company raised concerns with this method.\nWould this still be a viable option for our facility or are we now required to individually package each lithium cell in a\nvacuum packed bag with something like Argon? Are the rules for \"lithium cells shipped for disposal\" in addition to the\nregulations for \"damaged, defective, or recalled batteries\"?\nThis would obviously be problematic for our facility as we produce hundreds of thousands of damaged or tested cells\neach year. If you could get back to me at your earliest convenience I would greatly appreciate it.\nThank you,\nRick Weinberger\nLab Department Engineer\n1\n\n<<<PAGE 4>>>\n\nRayovac Corporation\nPortage, WI 53901\n(608) 742-5373 Ext. 238\nRegulations in question:\n• (f) Damaged, defective, or recalled cells or batteries.\n• Lithium cells or batteries, that have been damaged or identified by the manufacturer as being defective for safety reasons, that have the\nmay be transported by highway, rail or vessel only, and must be packaged as follows:\npotential of producing a dangerous evolution of heat, fire, or short circuit(e.g. those being returned to the manufacturer for safety reasons\nEach cell or battery must be placed in individual, non-metallic inner packaging that completely encloses the cell or battery;\nThe inner packaging must be surrounded by cushioning material that is non-combustible, non-conductive, and absorbent; and\nM, of this subchapter at the Packing Group | level:\nEach inner packaging must be individually placed in one of the following packagings meeting the requirements of part 178, subparts L and\n• Metal (4A, 4B, 4N), wooden (4C1, 4C2, 4D, 4F), or solid plastic (4H2) box;\nMetal (1A2, 1B2, 1N2), plywood (1D), or plastic (1H2) drum; and\nThe outer package must be marked with an indication that the package contains a \"Damaged/defective lithium ion battery\" and/or\n\"Damaged/defective lithium metal battery\" as appropriate.\n• (d) Lithium cells or batteries shipped for disposal or recycling.\n• A lithium cell or battery, including a lithium cell or battery contained in equipment, that is transported by motor vehicle to a permitted\nstorage facility or disposal site, or for purposes of recycling, is excepted from the testing and recordkeeping requirements of\nconforming to the requirements of §§ 173.24 and 173.24a. A lithium cell or battery that meets the size, packaging, and hazard\nparagraph (a)and the specification packaging requirements of paragraph (b)(3) of this section, when packed in a strong outer packaging\ncommunication conditions in paragraph(c)(1) (3) of this section is excepted from subparts C through H of part 172of this subchapter.\nThis e-mail and any of its attachments may contain Spectrum Brands proprietary information, which is\nprivileged and confidential. This e-mail is intended solely for the use of the individual or entity to which it is\naddressed. If you are not the intended recipient of this e-mail, you are hereby notified that any dissemination,\ndistribution, copying, or action taken in relation to the contents of and attachments to this e-mail is strictly\nprohibited. If you have received this e-mail in error, please notify the sender immediately and permanently\ndelete the original and any copy of this e-mail and any printout.\n2","truncated":false,"body_characters":9253}