{"operation":"document","citation":"17-0140","title":"RCN Corporation — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2018-04-24","effective_on":null,"summary":"17-0140 response to RCN Corporation concerning 171.25.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-17-0140.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-17-0140.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-17-0140","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/57796/170140.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nPipeline and Hazardous\nAPR 2 4 2018\nMaterials Safety\nAdministration\nRichard J. Lloyd\nRCN Corporation\n31 Bastian Lane\nAllenton, PA 18104\nReference No. 17-0140\nDear Mr. Lloyd:\nThis letter is in response to your December 19, 2017, email requesting clarification of the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to transportation of\nlithium metal batteries by vessel. You describe several scenarios involving overpacks containing\npackages of lithium metal batteries (UN 3090), lithium metal batteries packed with equipment\n(UN 3091), and lithium metal batteries contained in equipment (UN 3091) that meet the\nconditions for exceptions found in both the International Maritime Dangerous Goods (IMDG)\nCode Special Provision 188 and 49 CFR 173.185(c).\nYou ask if the lithium battery handling marking, the \"PRIMARY LITHIUM BATTERIES—\nFORBIDDEN FOR TRANSPORT ABOARD PASSENGER AIRCRAFT\" mark, the\n\"LITHIUM METAL BATTERIES—FORBIDDEN FOR TRANSPORT ABOARD\nPASSENGER AIRCRAFT\" mark, or the \"CARGO AIRCRAFT ONLY\" label must be\nreplicated on an overpack containing packages of UN 3090 or UN 3091 for vessel transportation.\nThe answer is no. For vessel, highway, and rail transportation the overpack is not subject to the\nmarking requirements of §§ 173.185(c), 171.25(b)(3), or the currently incorporated edition of\nIMDG Code (Amendment 38-16) Special Provision 188. Therefore, the overpack would not\nrequire the lithium battery handling marking, the \"PRIMARY LITHIUM BATTERIES-\nFORBIDDEN FOR TRANSPORT ABOARD PASSENGER AIRCRAFT\" mark, the\n\"LITHIUM METAL BATTERIES-FORBIDDEN FOR TRANSPORT ABOARD\nPASSENGER AIRCRAFT\" mark, or the \"CARGO AIRCRAFT ONLY\" label, even if the\npackages inside the overpack are required to bear any of the above markings.\n\n<<<PAGE 2>>>\n\nPlease note that Special Provision 188 has been amended in the next edition of the IMDG Code\n(Amendment 39-18). Effective January 1, 2020, the IMDG Code would require the reproduction\nof the lithium battery handling marking on the outside of the overpack, unless the mark is clearly\nvisible on a package inside the overpack. Additionally, the overpack must be marked with the\nword \"OVERPACK.\" PHMSA will consider this provision in a future rulemaking action.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nDirk Der Kinderen\nChief, Standards Development Branch\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\nPatrick\n§171.25\nJanuary, Ikeya CTR (PHMSA)\nBatteries\nFrom:\nINFOCNTR (PHMSA)\n17-0140\nSent:\nThursday, December 21, 2017 9:52 AM\nTo:\nHazmat Interps\nSubject:\nFW: Regulatory Interpretation Request\nGood Morning All,\nPlease see the below request for Interpretation.\nRegards, i\n-Breanna\nFrom: dickchar@rcn.com [mailto:dickchar@rcn.com]\nSent: Tuesday, December 19, 2017 8:38 AM\nTo: INFOCNTR (PHMSA) <INFOCNTR.INFOCNTR@dot.gov>\nSubject: Regulatory Interpretation Request\nDear Sir:\nPlease clarify whether overpacks containing lithium batteries (UN 3090), or lithium batteries packed with\nequipment (UN 3091), or lithium batteries contained in equipment (UN 3091) need to be marked and labeled\nsimilar to the packages of batteries in the overpack when shipped by vessel under the exceptions specified in the\nIMDG Code Special Provision 188. This special provision assigned to the above lithium batteries states that\n\"Cells and batteries offered for transport are not subject to other provisions of this Code if they meet the\nfollowing...\" Based on this \"broad\" exception, it is my understanding that IMDG Code paragraph 5.1.2 Use of\nOverpacks and Unit Loads does not apply to marking and labeling of overpacks having inside packages of the\ntypes of lithium batteries mentioned above, i.e., UN 3090 and UN3091 if the batteries are offered for transport\nin compliance with Special Provision 188.\nTo understand overpack marking for vessel shipments of excepted lithium batteries, I have described in the\nfollowing paragraphs various shipping scenarios for overpack shipments of lithium batteries. Please assume\nthat in each shipment scenario, the batteries are overpacked and are in compliance with the conditions of\nSpecial Provision 188, i.e., for a lithium metal battery, the aggregate lithium content is not more than 2 grams,\nthe batteries meet the provisions of UN Tests and Criteria, etc.\nScenario #1 Lithium Metal Batteries UN 3090:\nIndividual packages of these batteries in the overpack are marked with the lithium battery mark (Special\nProvision 188.6), the PRIMARY LITHIUM BATTERIES - FORBIDDEN FOR TRANSPORT ABOARD\nPASSENGER AIRCRAFT or labeled with a Cargo Aircraft Only label (49 CFR 171.25).\n1\n\n<<<PAGE 4>>>\n\nThe overpack would not have to be marked with the lithium battery mark based on the broad exception\nindicating IMDG Code 5.1.2 does not apply but the overpack would have to be marked with the PRIMARY\nLITHIUM BATTERIES - FORBIDDEN FOR TRANSPORT ABOARD PASSENGER AIRCRAFT or labeled\nwith a Cargo Aircraft Only label.\nScenario #2 Lithium Metal Batteries Contained in Equipment UN 3091 (Packages have no more than two\nlithium batteries contained in the equipment and there are no more than two packages in the shipment):\nIndividual packages of these batteries in the overpack are not required to be marked with the lithium battery\nmark per IMDG Code Special Provision 188.6.2.\nThe overpack would not have to be marked with the lithium battery mark since the packages in the overpack are\nnot required to be marked.\nScenario #3 Lithium Metal Batteries Contained in Equipment UN 3091 (Packages have more than two lithium\nbatteries contained in the equipment or more than two packages per\nshipment)\nSpecial Provin val packages of these batteries in the overpack are marked with the lithium battery mark\nThe overpack would not have to be marked with the lithium battery mark based on the broad exception\nindicating IMDG Code 5.1.2 does not apply\nScenario #4 Lithium Metal Batteries Contained in Equipment UN 3091 (Packages contain more than 5 kg (11\nbs.) net weight of lithium metal batteries contained in the equipment\nndividual packages of these batteries in the overpack are marked with the PRIMARY LITHIUM BATTERIES\n- FORBIDDEN FOR TRANSPORT ABOARD PASSENGER AIRCRAFT or labeled with a Cargo Aircraft\nOnly label (49 CFR 171.25).\nThe overpack would have to be marked with the PRIMARY LITHIUM BATTERIES - FORBIDDEN FOR\nTRANSPORT ABOARD PASSENGER AIRCRAFT or labeled with a Cargo Aircraft Only label.\nScenario #5 Lithium Metal Batteries Packed with Equipment UN 3091\n2\n\n<<<PAGE 5>>>\n\nIndividual packages of these batteries packed with equipment in the overpack are marked with the lithium\nbattery mark (Special Provision 188.6\nThe overpack would not have to be marked with the lithium battery mark based on the broad exception\nindicating IMDG Code 5.1.2 does not apply.\nScenario #6 Lithium Metal Batteries Packed with Equipment UN 3091 (Packages contain more than 5 kg (11\nIbs.) net weight of lithium metal batteries packed with equipment)\nIndividual packages of these batteries in the overpack are marked with the PRIMARY LITHIUM BATTERIES\n- FROBIDDEN FOR TRANSPORT ABOARD PASSENGER AIRCRAFT or are labeled with a Cargo Aircraft\nOnly label (49 CFR 171.25)\nThe overpack would have to be marked with the PRIMARY LITHIUM BATTERIES - FORBIDDEN FOR\nTRANSPORT ABOARD PASSENGER AIRCRAFT or labeled with a Cargo Aircraft Only label\nIf my description for marking and labeling overpacks with inside packages of lithium metal batteries is incorrect\nin any of the above scenarios, I will appreciate an explanation as to the correct marking and labeling compliance\nfor vessel transportation.\nThank you for your assistance.\nRichard J. Lloyd\n31 Bastian Lane\nAllentown, PA 18104\nTelephone: 610-398-3954\nE-mail: dickchar@rcn.com","truncated":false,"body_characters":7846}