{"operation":"document","citation":"19-0101","title":"Council on the Safe Transportation of Hazardous Articles (COSTHA) — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2019-12-06","effective_on":null,"summary":"19-0101 response to Council on the Safe Transportation of Hazardous Articles (COSTHA) concerning 173.185.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-19-0101.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-19-0101.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-19-0101","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/72996/190101.pdf","body":"<<>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nDecember 6, 2019\nMs. L'Gena Shaffer\nSenior Technical Consultant\nCouncil on the Safe Transportation of Hazardous Articles (COSTHA)\n10 Hunter Brock Lane\nQueensbury, NY 12804\nReference No, 19-0101\nDear Ms. Shaffer:\nThis letter is in response to your August 7, 2019, letter requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to the shipment of data loggers\ncontaining lithium batteries. In your letter, you explain that a data logger is a piece of equipment\nused to track or monitor packages in transport. You are seeking clarification regarding the\nprovisions for data loggers as discussed in the final report by the United Nations Sub-Committee\nof Experts on the Transport of Dangerous Goods (UNSCOE TDG) dated December 21, 2018\n(ST/TG/AC.10/C.3/108). You note that while most data loggers are powered by small or\nexcepted batteries and fuel cells, the number of data loggers in consignments often exceeds the\namounts authorized for hazard communication exceptions specified in § 173 .185( c )(3 ).\nSpecifically, you ask whether data loggers used to track or monitor packages are subject to the\nrequirements of the HMR. ·\nThe answer is yes. Data loggers offered as part of consignments are subject to all applicable\nrequirements of the HMR. As stated in your letter, the HMR provide exceptions for smaller\nlithium cells or batteries as specified in § 173 .185( c ). However, consignments of data loggers\ncontaining lithium batteries that exceed the quantity limits in§ 173.185(c)(3) are subject to the\nmarking requirements in the HMR. The provisions adopted by the UNSCOE TDG have not\nbeen adopted into the HMR and, therefore, do not apply to your scenario.\nWhen data loggers are in use, they must be in compliance with all applicable Federal Aviation\nAdministration (FAA) requirements, including those in 14 CFR § 91.21 that address the\noperation of portable electronic devices aboard aircraft. Information and guidance to assist with\nthe compliance of this requirement can be found in Advisory Circular (AC) 91.21-lD, titled Use\nof Portable Electronic Devices Aboard Aircraft. For additional information regarding the FAA\nrequirements, or if you seek an interpretation of whether your particular devices meet the\nelectronic transmission requirements contained in 14 CFR § 91.21, you may contact the FAA at\nthe following address:\n\n<<>>\n\nFederal Aviation Administration\nOffice of the Chief Counsel\nRegulations Division\n800 Independence A venue SW\nWashington, DC 20591\nAdditionally, the FAA Advisory Circular can be found here:\nhttps://www.faa.gov/ documentLibrary/media/ Advisory Circular/ AC 91.21-1 D. pdf\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\n~#~~\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division ·\n\n<<>>\n\nDodd, Alice (PHMSA)\nFrom:\nSent:\nTo:\nSubject:\nAttachments:\n)9 -{JJ () /\nINFOCNTR (PHMSA)\nThursday, August 08, 2019 11:52 AM\nHazmat Interps\nFW: COSTHA Interpretation request - Data Loggers\nCOSTHA Interp request Data Loggers FINAL.pdf\nHi Alice and lkeya,\nPlease see the interpretation request below.\nThank you,\nKathryn, HMIC\nFrom: L'Gena Shaffer [mailto:Lgena@costha.com]\nSent: Wednesday, August 7, 2019 5:40 PM\nTo: Kelley, Shane (PHMSA) \nCc: INFOCNTR (PHMSA) ; Lara Currie ; Tom Ferguson\n; Ryan Paquet ; Chris Yakush ;\nL'Gena Shaffer ; Don Bossow ; Anne Barry\n\nSubject: COSTHA Interpretation request - Data Loggers\nGood Afternoon Shane,\nPlease find attached a request for a letter of interpretation regarding data loggers. Specifically that equipment\nused to track or monitor packages are considered part of the packaging or conveyance.\nWe look forward to your review and response.\nBest regards,\n~'fp,,,4,S*,CDGP\nSr. Technical Consultant\nCOSTHA\n10 Hunter Brook Lane\nQueensbury, NY 12804\nhttp://www.costha.com\nlgena@costha.com\n0: 518-761-0389 Extn. 206\nCOSTHA Office: 518-761-0389\nF: 518-792-7781\nNEW! Follow us on Linkedln\nCOSTHA 2020 Annual Forum & Expo I April 26-30 I Greenville, SC\n1\n\n<<>>\n\nCONFIDENTIAL: UNAUTHORIZED USE OR DISCLOSURE IS STRICTLY PROHIBITED.\nThis information is intended to provide interpretative and authoritative information in regard to the subject matter covered\nas a service to our clients and has been answered to the best of our ability based on the information provided to us. We do\nnot guarantee the accuracy or completeness of any such interpretation or information, however, nor do we warrant that\ncompliance with any advice we provide will guarantee compliance with any legal or regulatory requirements. Our statements\nor opinions do not convey legal interpretation and government authorities or legal counsel should be contacted for such a\nresponse.\n2\n\n<<>>\n\nCouncil on Safe Transportation of Hazardous Articles\nAugust 7, 2019\nPresident\nSamuel Moyers\nDirector of Transportation Safety\nARCADIS\nFirst Vice President\nCarrie Wayne\nGlobal Manager, Trans. Safety\nHoneywel l International\nSecond Vice Presidenlffreasurer\nDan Hankinson\nProgram Mgr, Mopar Product Reg. Comp.\nFC A US LLC - Mopar\nExecutive Committee\nDave Madsen\nReg. Compli ance Specialist - Americas\nAutoliv ASP, Inc.\nBoard of Directors\nKei th Koster\nSenior Manager, Dangerous Goods\nAmazon.com\nMike Wentz\nManager, Dangerous Goods Compliance\nAmerican Ai rlines\nJ anet Kolodziey-Nykolyn\nAssociate Director, DG & Haz Waste\nBristol-Myers Squibb\nRober1 Heinrich\nSr. Traffic Admin Adviso r\nNovartis Pharmaceuticals\nAndrew Fix\nSr Regulatory Mgr, Global Product Stewardship\nProcter & Gamble\nCarolyn Weint raub\nRegulatory Manager\nRB LLC (Reckitt Benck iser)\nAmy Fischesscr\nCorporate Hazardous Materials Manager\nSun Chemical Corporation\nLynn Reiman\nGlobal Regul ated DG Director\nUPS\nVeronica Wilson\nDirector, HM Transportation\nWal.Mart, Inc\nMr. Shane Kelley\nDirector, Standards and Rulemaking Division\nU.S. DOT/PHMSA (PHH-10)\n1200 New Jersey Avenue, SE East Building, 2nd Floor\nWashington, DC 20590\nUnited States\ncc: infocntr@dot.gov\nDear Mr. Kelley,\nCOSTHA would like to request a formal letter of interpretation regarding the\nprovisions for equipment used to track or monitor packages in transport and\nadopted by the United Nations Subcommittee of Experts on the Transport of\nDangerous Goods (UNSCOE TDG). Specifically, COSTHA would like to confirm that\nequipment used to track or monitor packages are considered part of the packaging\nor conveyance. Further, if the devices contain dangerous goods, such as lithium\nbatteries or fuel cells, then these devices are not subject to regulation as long as\nthey meet a few minimum requirements.\nThe Fifty-fourth (54th) session of the United Nations Sub-Committee of Experts on\nthe Transportation of Dangerous Goods (UNSCOE) was held in Geneva,\nSwitzerland November 24 through December 4, 2018. The final report of the\nmeeting includes the adoption of provisions to Paragraph 5.5 of the UN Model\nRegulations indicating that equipment used to track or monitor packages are\nconsidered part of the packaging or conveyance.\nGeneral Counsel\nRichard Schweitzer, PLLC\nData loggers have become an essential tool in preventing spoilage in foods and\npharmaceuticals, theft of medical equipment and other high value items and\nmaintaining efficiency in all aspects of the supply chain. Most data loggers are\npowered by lithium batteries or fuel cells, items currently subject to labeling and\ndocumentation requirements in the 49 CFR.\nMany shippers using data loggers as part of their daily operations would not\notherwise fall under the provisions of the Hazardous Materials Regulations (HMR).\nWhile most data loggers are powered by small or excepted batteries and fuel cells,\nthe number of loggers in a consignment often exceeds the hazard communication\nexceptions in § 173.185( c)(3) forcing shippers to label packages and overpacks and\nprovide adequate instruction to employees preparing the shipments.\nCouncil on Safe Transportation of Hazardous Articles\n10 HunterBroo< Lane, Queensbury, NY 12804 • Phone (518)761-0389 Fax (518)792-7781 • www.costhacan\n\n<<>>\n\nDuring the UNSCOE meeting, it was agreed that data loggers powered by lithium batteries and\nfuel cells do not present a safety risk during transportation. To date, there are no recorded\nincidents that were caused by data loggers or indications that data loggers contributed to the\nseverity of an incident.\nWe believe the UN Subcommittee made a clarification of the applicability of the regulations to\ndata loggers with the adoption of Section 5.5.4 of the UN Model Regulations and would like to\nconfirm PHMSA's position on whether equipment used to track or monitor packages are not\nsubject to the requirements of the HMR when they are in use or intended for use during\ntransport.\nCOSTHA requests PHMSA consider this request expeditiously due to the cost impacts to\nindustry. If you have any questions, please do not hesitate to contact us.\nSincerely,\n~~JP.Ji~\nL'Gena Shaffer\nSenior Technical Consultant\nCouncil on Safe Transporta'tion of Hazardous Articles\n10HunterBnx-klane,Q~bury,NY12804 • Phone(518)761-0389 • Fax:(518)792-7781 • WMNoosthacx.rn","truncated":false,"body_characters":9523}