AECOM — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department 1200 New Jersey Avenue, SE Washington, D.C. 20590 Pipeline and Hazardous Materials Safety Administration AUG 1 1 2016 Mr. Andrew N. Romach Regulatory Compliance Manager AECOM 1600 Perimeter Park Drive Morrisville, NC 27560 Ref. No.: 15-0171 Dear Mr. Romach: This is in response to your letter dated August 3, 2015 and subsequent phone call with a member of my staff requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) relating to lithium battery provisions in § 173.185. You state that you have a single lithium metal battery contained in equipment. This single lithium metal battery contained in equipment has a lithium content of not more than 2 grams and the lithium metal content does not exceed 5 kg net weight. The equipment is then placed in an outer product box that meets the criteria for a strong outer packaging and all of the applicable packaging provisions in § 173.185(c). You further state the product box would be consolidated with other product boxes and placed into one larger box. You ask for confirmation that the product box as well as the overpack would require no hazard communication marks or labels based on the scenario you have provided. Your understanding is correct. For the packages and overpack you describe there is no requirement to mark or label the outer package or overpack. The package is not required to display the markings specified in §§ 173.185(c)(1)(iii) and 173.185(c)(3). The package would also be excepted from labeling per § 173.185(c). In accordance with § 173.25(a)(4), the overpack marking would not be required, as specification packagings are not required. I trust this information is helpful. If you have further questions, please do not hesitate to contact this office. Sincerely, DuaneAt Ye Duane A. Pfund International Standards Coordinator Standards and Rulemaking Division#

Page 2Webb 173.185 Goodall, Shante CTR (PHMSA) Authium Batteries From: Geller, Shelby CTR (PHMSA) 15 - 0171 Sent: To: Monday, August 17, 2015 4:42 PM Hazmat Interps Subject: FW: Request for written DOT interpretatior Attachments: DOT interpr li battery label transport doc 08032015.pdf Dear Shante and Alice, I wanted to follow up with Ms Norris' request for a letter of interpretation, as I did not see it in the database. Thanks, Shelby From: Geller, Shelby CTR (PHMSA) To: Hazmat Interps Sent: Tuesday, August 04, 2015 12:21 PM Subject: FW: Request for written DOT interpretation Dear Shante and Alice, Attached is a request for a formal letter of interpretation. Thanks, Shelby From: Norris, Carolyn [mailto:carolyn.norris@aecom.com] To: PHMSA HM InfoCenter Sent: Monday, August 03, 2015 4:09 PM Cc: Romach, Andy Subject: Request for written DOT interpretation Dear Infocenter, I have attached a request for a written DOT interpretation. Please let me know if you have any questions. Thank you in advance for your assistance. Thanks, Senior Project Scientist/Project Manager, EHS Department Carolyn Norris, DGSA Carolyn.norris@aecom.com D 1-919-461-1238 F 1-919-461-1371 1600 Perimeter Park Drive, Suite 400, Morrisville, North Carolina 27560 AECOM T 1-919-461-1100 F 1-919-461-1400 www.aecom.com 1#

Page 3AECOM AECOM 1600 Perimeter Park Drive 919.461.1100 tel Morrisville. NG 27560 Suite 400 919.461.1415 fax August 3, 2015 Mr. Charles Betts, Division Director Standards and Rulemaking (PHH-10) U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration East Building, 2nd Floor 1200 New Jersey Ave., SE Washington, DC 20590 Dear Mr. Betts: I am writing to request a Department of Transportation (DOT) written interpretation concerning the applicability of the lithium battery marking and documentation requirements set out in the recently revised section "Exceptions for smaller cells or batteries" 49 CFR 173.185(c) for lithium batteries contained in equipment. Specifically, we would like to ship one lithium battery (larger than a coin cell) that meets the exception criteria in 49 CFR 173.185(c) and is contained in a piece of equipment as allowed in 49 CFR 173.185(c)(3). This piece of equipment is packaged in its own product box. The product box meets the criteria for strong outer packaging as set out in Subchapter B; and the package meets all of the applicable requirements of the exception in 49 CFR 173.185(c), including the referenced parts of 49 CFR 173.185(b). This product box would not be offered into transportation on its own due to handling constraints: The product box will be purchased by the customer, so the outer packaging has advertisements and artwork that we would like to protect so that it is not scuffed in transport. Would this package (equipment in this product box) meet the exception from the lithium battery package markings and transport document set out in 49 CFR 173.185(c)(3)? Multiple product boxes such as this (for example, 50 product boxes) would be packaged together in one larger box for consolidation, which functions as an overpack. As set out in 49 CFR 173.25(a)(4), the overpack marking is required only if the overpack contains UN specification packages; therefore, no "OVERPACK" marking would be required on the outside of the overpack. Please provide written clarification that no DOT package marking and labels would be required on either the individual product boxes or the overpack in the above-described scenario. I appreciate your assistance with this question. Sincerely, Andrew N. Romach Regulatory Compliance Manager AECOM#