Amerflight — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue, SE Washington, DC 20590 JAN 1 1 2016 Mr. Matt Payne Haztnat Program and Compliance Manager Ameriflight 1515 W. 20th St. DFW Airport, TX 75261 Reference No. 16-0102 Dear Mr. Payne: This responds to your June 10, 2016 email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR parts 171-180} applicable to the transport of lithium batteries. Specifically, you ask iflithium batteries that meet the requirements of 173.185(c} and are excepted from shipping paper requirements are also excepted from the pilot notification requirements of§ 175.33. Lithium batteries that comply with the size, packaging, hazard communication, air transportation, and marking exceptions prescribed for smaller lithium cells and batteries in § l 73.185(c} are excepted from the requirements in 49 CFR Part 172, subparts C (Shipping Papers), D (Marking), E (Labeling), F (Placarding), G (Emergency Response Information), and H (Training), and the UN performance packaging requirements prescribed in § 173 .185(b )(3 )(ii) and (b)(4). A consignment of lithium batteries that is excepted from the shipping paper requirements in subpart C of part 172 is not subject to the shipping paper and pilot notification requirements prescribed in§ 175.33. I hope this satisfies your inquiry. Please feel free to contact us if we can be of further assistance. Sincerely, I _ _ "_> t - Cc-t · 1A._,.c Duane A. Pfund International Standards Coordinator Standards and Rulemaking Division#

Page 2Dodd, Alice (PHMSA) ~ ~I 73, / f'S- 73~ /C, -0/()Z. From: Sent: To: Subject: Rivera, Jordan CTR (PHMSA) Friday, June 10, 2016 4:39 PM Hazmat lnterps FW: Request for formal Interpretation Hi Shante/ Alice, Please submit this as a letter of interpretation. I spoke with Mr. Payne. Please let me know if you have any questions. Thanks, Jordan From: MPayne@ameriflight.com [mailto:MPayne@ameriflight.com] Sent: Friday, June 10, 2016 10:54 AM To: INFOCNTR (PHMSA) Subject: Request for formal Interpretation Good Morning, I am requesting a formal interpretation of the exceptions associated with lithium batteries. 49CFR 137 .185 provides exceptions to the requirements in subparts C - H of part 172 for UN3090, UN3480, UN3091 , and UN3481. My question relates to pilot notification. Are lithium batteries shipments that meet the requirements of 137.185 and therefore do not have associated shipping papers, also excepted from pilot notification requirements found in 175.33? I was advised by the D.O.T. Hazardous Materials Hotline that lithium batteries meeting the requirements of 137.185 were also excepted from pilot notification requirements. However, after looking at it closely myself, I felt a formal interpretation was in order. Thank you for your guidance, Matt Payne Hazmat Program and Compliance Manager 1515 W 20th St I DFW Aitport. TX 75261 o. 972--126-3066 ex t. 762641 c a18-395-1a25 AMERIFLIGHT 4B DVE ft BE'fD HIJ w n ~l!!t ~ ~ 1#