{"operation":"document","citation":"18-0098","title":"Mr. Richard J. Lloyd — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2019-03-27","effective_on":null,"summary":"18-0098 concerning 173.185.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-18-0098.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-18-0098.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-18-0098","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/71051/180098.pdf","body":"<<>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nMAR 2 7 2019\nMr. Richard J. Lloyd\n31 Bastian Lane\nAllentown, PA 18104\nReference No. 18-0098\nDear Mr. Lloyd:\nThis responds to your July 3, 2018, email requesting clarification of the Hazardous Materials\nRegulations (HMR; 49 CPR Parts 171-180) applicable to the hazard communication\nrequirements for packages containing lithium ion batteries in equipment when transported by air.\nSpecifically, you ask whether a shipment consisting of 10 identical packages containing one\nlithium ion battery installed in equipment (UN348 l) per package, needs to be. marked with the\nlithium battery mark prescribed in§ 173.185(c)(3). Each battery in the shipment has a Watt-\nhour (Wh) rating of less than 100 Wh and each package is prepared in accordance with\n§ 173.185.\nThe answer is yes. As prescribed in§ l 73.185(c)(3), each package must display the lithium\nbattery mark except when a package contains button cell batteries installed in equipment\n(including circuit boards), or no more than four lithium cells or two lithium batteries contained in\nequipment, where there are not more than two packages in the consignment. Emphasis added.\nAs defined in the introductory text to § 173.185, consignment means one or more packages of\nhazardous materials accepted by an operator from one shipper at one time and at one address,\nreceipted for in one lot and moving to one consignee at one destination address. Therefore,\nassuming your shipment consists of more than two packages in each consignment, the lithium\nbattery mark is required. This requirement is also consistent with Packing Instruction 967 of the\nICAO Technical Instructions for the Safe Transport of Dangerous Goods by Air.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<>>\n\n\\ ')te~~ ,~\n1 ~-ro9~\nJanuary, lkeya CTR (PHMSA)\nFrom:\nSent:\nTo:\nSubject:\nINFOCNTR (PHMSA)\nTuesday, July 03, 2018 3:44 PM\nHazmat Interps\nFW: IAT A Lithium Battery Mark\nHi Ikea,\nquestions.\nThank you,\nJodi\nBelow is a request for a letter of interpretation. Mr. Lloyd spoke with Eugenio. Please let me know if you have any\nFrom: dickchar@rcn.com [mailto:dickchar@rcn.com]\nSent: Tuesday, July 03, 2018 3:17 PM\nTo: INFOCNTR (PHMSA) \nSubject: Fwd: IATA Lithium Battery Mark\nDear Sir,\nAfter sending my e-mail below, I received a telephone call from Eugenio (DOT Help Line) mentioning that I\nshould contact ICAO for their interpretation.\nEugenio mentioned the DOT's similar requirement in 49 CFR 173.185 ( c) (3), Exceptions for smaller cells or\nbatteries, which states:\n\"Each package must display the lithium battery mark except ....... , or no more than four lithium cells or two\nlithium batteries contained in equipment, where there are not more than two packages in the consignment\".\nBased on the DOT similar lithium battery marking requirement, I will appreciate your interpretation of this\nDOT rule for the shipment scenario in my earlier e-mail request, i.e., shipment consists of 10 identical boxes\ncontaining one lithium ion battery installed in equipment (UN 3481) per box and is shipped excepted per the\nDOT 173.185 requirements.\nThank you,\nRichard J. Lloyd\n1\n\n<<>>\n\n31 Bastian Lane\nAllentown, PA 18104\nTelephone: 610-398-3954\nE-mail: dickchar@rcn.com\nFrom: dickchar@rcn.com\nTo: \"Info Center DOT\" \nSent: Tuesday, July 3, 2018 12:32:23 PM\nSubject: IATA Lithium Battery Mark\nDear Sir:\nPlease clarify a package marking requirement in IA TA Packing Instruction 967 for shipments of lithium ion\nbatteries contained in equipment (UN 3481 ). For this clarification, the lithium ion batteries contained in the\nequipment will meet the requirements for shipment under Section II of this packing instruction, i.e., the watt\nhour rating of the batteries is not more than 100 Wh, etc.\nThe packing instruction requires each package to be durable and legibly marked with the lithium battery mark\nexcept the marking requirement does not apply to \"consignments of two packages or less where each package\ncontains no more than four cells or two batteries installed in equipment\".\nIt is my understand that the application of the lithium battery mark on the outer box refers to the number of\nbatteries in each package in the consignment and not the number of packages in the shipment. In other words, if\na shipment consists of 10 identical boxes containing one lithium ion battery installed in equipment (UN 3481)\nper box and is shipped under Section II, each box does not need to be marked with the lithium battery mark\nsince there is only one lithium ion battery installed in equipment in each box even though the shipment consists\nof 10 boxes.\nI will appreciate your clarification that the boxes do not require the lithium battery mark when \"each package\ncontains no more than four cells or two batteries installed in equipment\".\n2\n\n<<>>\n\nThank you,\nRichard J. Lloyd\n3 1 Bastian Lane\nAllentown, PA 18104\nTelephone: 610-398-3954\nE-mail: dickchar@rcn.ocm\n3","truncated":false,"body_characters":5233}