Solvay CYTEC Group — Hazardous Materials Safety Interpretation

Page 1Geoffrey De Vinney Global Labeling and Packaging Manager Solvay CYTEC Group 1300 Revolution Street Havre de Grace, MD 21078 Reference No. 17-0023 Dear Mr. De Vinney: This letter is in response to your February 17, 2017, email and subsequent phone conversation requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the lithium battery mark for smaller lithium cells or batteries. You indicate that your company offers temperature recorders for transportation by aircraft and that each temperature recorder is powered by a single lithium metal battery with a lithium metal content less than 2 grams. In your email, you describe the following scenario: • There are six packages are on a pallet. Two of the packages on the pallet contain a temperature recorder powered by a lithium metal battery for a total of two lithium batteries contained in equipment. • Each lithium metal battery meets the size requirements in § 173.185(c). Specifically, you ask if the packages described in your scenario must display the lithium battery mark. The answer is no. In accordance with § 173.185(c), the lithium battery mark is not required when there are "no more than four lithium cells or two lithium batteries contained in equipment, where there are no more than two packages in the consignment." The packages in the scenario above are not required to display the lithium battery mark because the consignment only contains two packages each containing no more than two lithium batteries contained in equipment. Although there are additional packages within the consignment, the additional packages are not included in the calculation of number of packages in the consignment limit, because they do not contain any lithium batteries. Additionally, on March 30, 2017, the Pipeline and Hazardous Materials Safety Administration (PHMSA) published a final rule titled, "Hazardous Materials: Harmonization with International Standards (RRR)" [HM-215N; 82 FR 15796] to align the HMR with certain international standards. In this rulemaking, PHMSA incorporated by reference the 2017-2018 version of the International Civil Aviation Organization (ICAO) Technical Instructions for the Safe Transport#

Page 2wine dl padale CAA regremn Me Coo ho e berea ta dess peralon of portable electronic devices aboard aircraft must be ensured. Information and guidance to assist with compliance of the requirement can be found in Advisory Circular (AC) 91.21-1C "Use of Portable Electronic Devices Aboard Aircraft." For additional information regarding the FAA requirements, or if you seek an interpretation on whether your particular device meets the electronic transmission requirement contained in 14 CFR § 91.21 you may contact the FAA at the following address: Federal Aviation Administration Office of the Chief Counsel Regulations Division 800 Independence Avenue SW Washington, DC 20591 I hope this information is helpful. Please contact us if we can be of further assistance. Sincerely Titp.jht Chief, Standards Development Standards and Rulemaking Division#

Page 3Please submit this as a letter of interpretation. Mr. DeVinney spoke with Jodi. Please let me know if you have any questions. Thanks, Jordan From: DeVinney, Geoffrey [mailto:Geoffrey.DeVinney@solvay.com] Sent: Friday, February 17, 2017 11:49 AM To: PHMSA HM InfoCenter <PHMSAHMInfoCenter@dot.gov> Subject: 173.185 Exceptions LOI Dear PMHSA, Please see the attached letter requesting guidance on 49 CFR 173.185 Exceptions for smaller cells or batteries. Best regards, Geoff Please note that my email address has changed to Geoffrey.DeVinney@solvay.com Geoffrey S. DeVinney Global Labeling and Packaging Manager T: +1-410-942-8550 - M: +1-443-527-1551 Cytec Solvay Group СУТЕС SOLVAY GROUP 1300 Revolution Street Havre de Grace, MD 21078 www.solvay.com www.cytec.com Connect with Solvay: Legal Notice: This electronic communication, including any attachments, contains information from Cytec Industries Inc. (a subsidiary of Solvay SA) or its subsidiaries that may be legally privileged,#

Page 51300 Revolution Street PHMSA Office of Hazardous Materials Havre de Grace, MD 21078 Standards Attn: PHH-10 410-942-8550 East Building 1200 New Jersey Avenue, St. Washington, DC 20590-0001 February 17, 2017 Subject: Lithium batteries contained in equipment Regulation 49 CFR 173.185 (c) (3) / IATA PI970 Section I| Dear PHMSA We ship rolls of adhesive film in dry ice with temperature recorders where each recorder contains a AA lithium metal battery with a lithium metal content less than 2g. In accordance with 49 CFR 173.185, the question is when shipping by air as long as we do not exceed the four cells or two batteries per package, do we need to apply the Lithium Battery handling Label to the packages containing the temperature Follow up question: The temperature records we use meet the requirements of IATA PI 970 Section II. Working with our Logistics team we were discussing the exceptions as noted in the PI shown below. Scenario: If we have 6 cartons on a pallet and 2 cartons have 2 temp recorders each for a total of 4 cells, do we need to label? The consignment is greater than "two packages" however I have not exceeded the number of cells or number of packages containing batteries. Do I label because I have greater than two packages or should I not label because two packages or less contain no more than four cells? IATA 58Th Edition PI 970 Section II Exception: consignments of two packages or less where each package contains no more than four cells or two batteries installed in equipment Regards, Geoffrey DeVinney Global Labeling and Packaging Manager#