{"operation":"document","citation":"16-0123","title":"Scopelitis, Garvin, Light, Hansen & Feary, P.C. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2017-03-22","effective_on":null,"summary":"16-0123 response to Scopelitis, Garvin, Light, Hansen & Feary, P.C. concerning 173.185.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-16-0123.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-16-0123.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-16-0123","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2017/160123.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nMAR 2 2 2017\nMr. Timothy W. Wiseman\nManaging Partner\nScopelitis, Garvin, Light, Hansen & Feary, P.C.\n10 West Market Street,· Suite 1400\nIndianapolis, IN 46204\nReference No. 16-0123\nDear Mr. Wiseman:\nThis letter is in response to your June 23, 2016, email requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to packaging requirements for\nlithium batteries that each weigh more than 12 kg (26.5 lbs). Specifically, you request\nconfirmation that lithium batteries secured in the racking system described in your email\nconform to the provisions of§ 173.185(b)(5).\nIn your email, you described a racking system used to transport lithium batteries in dedicated\ntrucks between manufacturing facilities. The racking system consists of a frame and a series of\nshelves. The frame of the racking system is steel tubing, and the sides of the rack and each shelf\nare molded corrugated plastic. A single lithium ion battery is placed in a foam partition and\nbolted to a shelf in the rack. You provided pictures and diagrams of the batteries and the racking\nsystem.\nBased on the information provided, it is the opinion of this Office that the batteries placed iri the\nrack system would not meet conditions described in§ 173.185(b)(5). As prescribed in\n§ 173. l 85(b )(5), lithium batteries and assemblies must have a strong impact resistant outer\ncasing. The batteries described in your letter do not meet this requirement. However, special\npermits may authorize relief from any requirement in the HMR, provided the applicant\ndemonstrates an equivalent level of safety to that intended by the regulation. To apply, you must\nsubmit an application to the Associate Administrator for Hazardous Materials Safety in\nconformance with the requirements prescribed in 49 CFR Part 107, Subpart B. You may obtain\ninformation on the special permit application 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 hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\n~~,fl.~! .1\nDuane A. Pfund I y--\nIntemational Standards Coordinator\nStandards and Rulemaking Division\n\n<<<PAGE 2>>>\n\nGoodall, Shante CTR (PHMSA)\nFrom: Betts, Charles (PHMSA)\nSent:\nTo:\nCc:\nSubject:\nFriday, July 15, 2016 9:19 AM\nGoodall, Shante CTR (PHMSA)\nSolomey, Joe (PHMSA); Patterson, Tyler (PHMSA); Leary, Kevin (PHMSA)\nFW: Lithium Battery Issue\nAttachments: Honda Diagram.docx\nImportance: High\nGood morning Shante -\nPlease log and assigned this request for interpretation to Kevin for response.\nThanks,\nCharles\nFrom: Solomey, Joe (PHMSA)\nSent: Thursday, July 14, 2016 11:10 AM\nTo: Betts, Charles (PHMSA)\nSubject: FW: Lithium Battery Issue\nJoseph Solomey\nPipeline and Hazardous Materials Safety Administration\nSenior Assistant Chief Counsel\nHazardous Materials Safety Law Division\n1200 New Jersey Avenue, SE. ,\nPHC-10, Room E26-316\nWashington, D.C. 20590\n(202) 366-0977 (Phone)\n(202) 366-7041 (Fax)\n(202) 379-9057 (E-Fax)\njoe.solomey@dot.gov\nPRIVILEGED & CONFIDENTIAL: This e-mail, including any attachments, is confidential, intended only for the\nnamed recipient(s) above and may contain information that is privileged, confidential, attorney work product or otherwise\nlegally protected. If you have received this message in error, or are not the named recipient(s), please immediately notify\nme and permanently delete th is e-mai I message and any attachments from your workstation and/or network mai I system.\nFrom: Wiseman, Tim [mailto:TWISEMAN@scopelitis.com]\nSent: Thursday, June 23, 2016 12:34 PM\nTo: Solomey, Joe (PHMSA); Patterson, Tyler (PHMSA)\nSubject: Lithium Battery Issue\nJoe and Tyler:\n1\n\n<<<PAGE 3>>>\n\nI hope all is well with both of you. I was hoping to speak with someone in your office regarding the lithium ion battery\nregulations in 49 C.F.R. 173.185. Specifically, I represent Honda North America, which has developed a unique racking\nsystem for the purposes of transporting larger lithium batteries used for automobiles between the company's\nmanufacturing facilities (with the use of dedicated trucks). I have attached a few photographs and diagrams of the\nracking system for your further review. There is a single lithium battery bolted in place on each shelf of the racking\nsystem, which is then secured in the truck. I believe that this racking system would qualify under 49 C.F.R. 173.185(b)(5)\nsince he individual battery weighs more than 26.5 pounds.\nThe question I have is the inner liner requirement under 173.185(b)(3)(i). Honda plans on using a molded corrugated\nplastic divider on all sides of each shelving that appears to meet the requirements of the regulation (\"the lithium\nbatteries must be placed in a non-metallic inner packaging that completely enclose the cells or batteries, and separate\nthe cells or batteries from contact with equipment, other devices or conducted materials.\") However, before they begin\nmanufacturing the racking system for use, they asked me to confirm with the agency whether this would be considered\nacceptable under the regulations or whether a special permit may be required.\nAs always, thanks for any guidance you can provide on this issue.\n/Tim\nTimothy W. Wiseman\nScopelitis, Garvin, Light, Hanson & Feary, P.C.\nManaging Partner\n10 West Market Street, Suite 1400\nIndianapolis. IN 46204\nWEBSITE BIO VCARD\nE-MAIL ill 317-637-1777 (office)\nBl SC 0 PE LIT I S ifli' 317-687-2414 (fax)\nGARVIN LIGHT HANSON & FE.AR Y @ twiseman@scopelitis.com\n---· ---------\nCONFIDENTIALITY NOTICE This message 1s privileged and confidential for the addressee(s) named above. If you are not the intended recipient. you are\nproh1b1ted from disseminating, using. or copying the contents and should notify the sender immediately that you received this message in error The signature(s)\nwithin this email does not constitute any binding agreement.\n2\n\n<<<PAGE 4>>>\n\n\n\n<<<PAGE 5>>>","truncated":false,"body_characters":6106}