{"operation":"document","citation":"16-0003","title":"Mr. Richard Lloyd — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2016-05-31","effective_on":null,"summary":"16-0003 concerning 173.185.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-16-0003.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-16-0003.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-16-0003","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2016/160003.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\nWashington, D.C. 20590\n1200 New Jersey Avenue, SE\nPipeline and Hazardous\nMaterials Safety\nAdministration\nMAY 3 1 2016\nMr. Richard Lloyd\n31 Bastian Lane\nAllentown, PA 18104\nRef. No.: 16-0003\nDear Mr. Lloyd\nThis responds to your email dated January 7, 2016, requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) and the 57* edition of the International\nAir Transport Association Dangerous Goods Regulations (IATA DGR) regarding exceptions\nfor the shipment of smaller lithium metal cells and batteries contained in equipment.\nSpecifically, you ask if the word \"OVERPACK\" must appear on the outside of an overpack\nwhen the package(s) contained in the overpack contorm to the requirements of s\n173.185(c)(4) and Section II of Packing Instruction 970 of the 57 edition of the IATA DGR\nand do not require the lithium battery handling label.\nThe IATA DR do not have official standing under the HMR. However, the provisions of\n§§ 171.22 - 24 of the HMR authorize the use of the International Civil Aviation\nOrganization's Technical Instructions for the Safe Transport of Dangerous Goods by Air\n(ICAO Technical Instructions) for packaging, marking, labeling, classifying, and describing\nhazardous materials which are transported by air and by motor vehicle either before or after\nbeing transported by air. For the purposes of the ICAO Technical Instructions, Section II of\nPacking Instruction 970 and the HMR as provided by § 173.185(c)(4) when an overpack is\nused, the \"OVERPACK\" marking is only required when the package(s) is/ are required to\ndisplay the lithium battery handling label and the handling label is not visible through the\noverpack.\nI hope this answers your inquiry. If you need additional assistance, please contact the\nStandards and Rulemaking Division at (202) 366-8553.\nSincerely,\nDuane Ait en\nDuane A. Pfund\nInternational Standards Coordinator\nStandards and Rulemaking Division\n\n<<<PAGE 2>>>\n\n$173.985((4(i1)\nearu\nBatteries\nDodd, Alice (PHMSA)\n16-0003\nFrom:\nGeller, Shelby CTR (PHMSA)\nSent:\nThursday, January 07, 2016 4:42 PM\nTo:\nHazmat Interps\nSubject:\nFW: Air Shipments of Small Lithium Batteries\nDear Shante and Alice,\nForwarded is a request for a formal letter of interpretation.\nThanks,\nShelby\nFrom: Richard Lloyd [mailto:dickchar@rcn.com]\nSent: Thursday, January 07, 2016 10:34 AM\nTo: INFOCNTR (PHMSA)\nSubject: Air Shipments of Small Lithium Batteries\nDear Sir,\noverpacks containing inside packages of small lithium metal batteries contained in equipment (UN 3091) and shipped\nPlease clarify the ICAO/IATA regulations for affixing the lithium battery handling label and the \"OVERPACK\" mark on\nexcepted per the IATA Packing Instruction 970 Section II. The batteries shipped would meet all of the compliance\nbe two packages or less where each package contains no more than two batteries installed in equipment, etc..\nrequirements in PI 970 Section II such as the aggregate lithium content is not more than 2.0 g, each consignment would\nPI 970 Section II exceptions does not require a lithium battery handling label when a consignment would be two packages\nor less where each package contains no more than two batteries installed in equipment; nor would any other package\nmarks or labels be required for excepted shipments.\nThe current IATA, 57th edition effective January 1, 2016, addresses the marking and labeling of overpacks containing\nInstruction 970 Section II by stating an overpack must me marked with the word \"Overpack\" and labeled with the lithium\ninside packages of small lithium metal batteries contained in equipment and shipped excepted per the IATA Packing\nunderstanding of this requirement is that the overpack would not be required to be labeled with the lithium battery label\nbattery label, unless the label(s) on the package(s) inside the overpack are visible, or, a label is not required. My\nsince the inside packages are not required to have the lithium battery label when shipped excepted.\nmarking is considered to be a label. Even so, why would an overpack be required to be marked with the word \"Overpack\"\nHowever, it appears the overpack would still be required to be marked with the word \"Overpack\" unless the \"Overpack\"\nwhen the inside packages are not required to be marked or labeled?\nAir Transportation, specify that \"When packages required to bear the handling marking in paragraph (c)(3)(ii) are placed in\nBy comparison, the DOT 49 CFR Hazardous Materials Regulations 173.185 ( c) (4) (i), Exceptions for Small Batteries for\nbe affixed on the outside of the overpack, and the overpack must be marked with the word \"OVERPACK\". Be writing this\nan overpack, the handling marking must either be clearly visible through the overpack, or the handling marking must also\nrequirement as \"when packages required\" makes it clear that the handling marking and the word \"OVERPACK\" are not\nrequired on overpacks containing inside packages of small lithium metal batteries contained in equipment and shipped\nThank you for your assistance in providing the compliance requirements for marking overpacks containing inside\npackages of small lithium metal batteries contained in equipment and shipped excepted.\n31 Bastian Lane\nRichard J. Lloyd\n1\n\n<<<PAGE 3>>>\n\nAllentown, PA 18104\nTelephone: 610-398-3954\nE-mail: dickchar@rcn.com","truncated":false,"body_characters":5343}