{"operation":"document","citation":"20-0008","title":"FedEx Logistics — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2020-07-17","effective_on":null,"summary":"20-0008 response to FedEx Logistics concerning 173.185.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-20-0008.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-20-0008.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-20-0008","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/74146/200008.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department of Transportation\nPipeline and Hazardous\nMaterials Safety Administration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nJuly 17, 2020\nMarvin A. Sudduth\nDangerous Goods Advisor\nFedEx Logistics\n5025 Tuggle Road\nMemphis, TN 38118\nReference No. 20-0008\nDear Mr. Sudduth:\nThis letter is in response to your January 19, 2020, letter requesting clarification of the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to lithium ion coin\ncell batteries. You state FedEx Logistics will initiate a shipment monitoring system using a\nlithium ion battery-powered sensor device. The device will contain one lithium ion coin cell\nbattery and will be transported in commerce via air and ground transportation. It is your\nunderstanding that based on the size of the lithium ion coin cell battery and the exceptions\nprovided in the HMR for a battery that size, the number of batteries that can be shipped in a\npackage is unlimited. You also provide shipping scenarios FedEx Logistics might utilize for the\ntransportation of these devices.\nWe have paraphrased and answered your questions as follows:\nQ1. You ask whether a lithium ion battery-powered sensor device containing a coin (button)\ncell battery can be offered for transportation under the exceptions found in § 173.185(c)\nof the HMR in an unlimited quantity per package for air and ground transportation.\nA1. Please be advised this answer is in two parts (emphasis added).\n• For ground transportation, a package containing only lithium button cell batteries\ninstalled in equipment, including the sensor device described in your letter, that comply\nwith the requirements of § 173.185(c) is not subject to the hazard communication\nrequirements in subparts C through H of part 172 of the HMR or the UN performance\npackaging requirements in § 173.185(b)(3)(ii) and (iii). This applies regardless of the\nnumber of sensor devices contained in the package. Further, the package is not subject to\nthe marking requirements described in § 173.185(c)(1)(iii) provided the package does not\nexceed 5 kg net weight of lithium cells.\n• The answer is no for air transportation. For air transportation, a package with lithium\ncells contained in equipment is limited to the minimum number of cells required to power\n\n<<<PAGE 2>>>\n\nthe piece of equipment, plus two spare sets1, and the total net quantity (mass) of the\nlithium cells or batteries in the completed package must not exceed 5 kg. (See 49 CFR §\n173.185(c)(4) and (5)).\nQ2. You ask whether a lithium ion battery-powered sensor device containing button cell\nbatteries can be offered for transportation under the exceptions found in § 173.185(c)\nabove a certain aggregate number in a package (e.g., you offer the scenario of 500 sensor\ndevices in a package). That is, you ask whether there is a threshold aggregate quantity in\na package such that the HMR requires shipment as fully regulated via air and ground\ntransportation.\nA2. See answer A1.\nPlease note that the size limit for a lithium ion cell shipped under the exceptions for smaller cells\nor batteries in § 173.185(c) is 20 Wh. Furthermore, even though lithium ion cells contained in\nequipment are excepted from certain requirements in the HMR, they are still considered a\nhazardous material (i.e., a dangerous good).\nMoreover, all applicable FAA requirements must be complied with, including those in 14 CFR,\n§ 91.21 that address operation of portable electronic devices aboard aircraft. Information and\nguidance to assist with compliance of this requirement can be found in Advisory Circular (AC)\n91.21-1D, titled “Use of Portable Electronic Devices Aboard Aircraft.” For additional\ninformation regarding the FAA requirements or if you seek an interpretation on whether your\nparticular device meets electronic transmission requirements contained in 14 CFR § 91.21 you\nmay contact the FAA at the following address:\nFederal Aviation Administration\nOffice of the Chief Counsel\nRegulations Division\n800 Independence Avenue SW\nWashington, DC 20591\nAs well, there may be additional security requirements issued by the Transportation Security\nAdministration pertaining to the transportation safety requirements for this device.\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\n1 A “set” of cells or batteries is the number of individual cells or batteries that are required to power each piece of\nequipment.\n\n<<<PAGE 3>>>\n\n20 0G08\nLogistics\nJanuary 19, 2015\nMr. Shane Kelly\nDirector\nStandards and Rulemaking Division\nU.S. DOT/PHMSA (PHH-10)\n1200 New Jersey Avenue, SE East Building, 2nd Floor\nWashington, DC 20590\nRe: Request for Letter of Interpretation Regarding Coin Cell Lithium Battery Exception Shipping\nLimitations\nDear Mr. Kelly,\nThe purpose of this communication is to request a Letter of Interpretation regarding the exceptions\nTo the regulations for the shipping of coin cell lithium, ion batteries offered for air and ground\ntransportation .\nThe regulatory references driving this question are as follows:\n(HMR; 49 CFR Parts 171-180), provisions of Special Provision {SP) 188 of§ 172.102{c) (1).\nSituational Summary\nFedEx Logistics in conjunction with FedEx Services is in the process of initiating a shipment monitoring\nprocess involving lithium battery powered sensor devices.\nThe devices in question are to be powered by coin cell sized lithium batteries.\nBecause of the size of these batteries the batteries are granted exceptions from certain marking,\nlabeling, packaging and documentation per the aforementioned reference above\nFedEx Services is operating with the understanding that the coin cell sized batteries coupled with the\nexceptions granted that the number of items shipped in a single package is virtually unlimited.\n\n<<<PAGE 4>>>\n\nRequest for Letter of Interpretation Regarding Coin Cell Lithium Battery Exception Shipping\nLimitations-continued\nThe shipping scenarios that FedEx is wanting to use based on the exceptions is shown below\n1. 1 TRON ID Node contains one Li-Ion button cell battery. This node contained within one\nshipment:\na. ~ regulated\nb. ~classified as exempt DG . Is this not the same as \" is not classified as a DG\"?\nc. does not require a Li-Ion placard labe l if equal or less then 100wh and less than 2\nbatteries per package. Here we are working under the \"button cell\" IATA reg. So there\nis no labeling required for any quantity of button cells. Correct?\nd. does not require any special handling.\n2. 3. 100 TRON ID Nodes contained within one shipment (package), yes pkg and shipment used\nsynonymously here ...\na. ~ regulated\nb. ~classified as exempt DG. See lb above.\nc. does not require a Li-Ion placard label (if less than lO0wh,if less than 2 batteries per\npackage, the total weight is below the Sl<g limit) See le above here. And we will be\nunder the 5kg lim it anyways.\nd. does not require any special handling.\n500 or more TRON ID Nodes within one shipment: (package) See 2 above .\na. lUllilY regulated\nb. ~classified as DG. This is only if the total weight of the package goes over SKgs,\ncorrect ?\nc. does require a Li-Ion placard label as there are more than 2 batteries per package ,the\ntotal weight is above t he 5kg limit) A label is not req uired on button cells regard less of\nqua nt ity unless it exceeds the 5kg lim it, correct?\nd. does require special handling\nIn my role as a Dangerous Goods Compliance Advisor, I felt obligated to disagree with the assessment on\nscenarios (2 & 3) as I felt it pushed the boundaries of the published exception scenario for the total\nnumbers of items to be shipped in one package.\n\n<<<PAGE 5>>>\n\nRequest for Letter of Interpretation Regarding Coin Cell Lithium Battery Exception Shipping\nLimitations-continued\nWhat we are looking for if clarification on the following:\nWhether coin cell batteries can be offered into transportation under exception provisions in an\nunlimited amount per package for air and ground transportation?\nOr\nWould coin cell batteries offered under exception provisions past a certain aggregate number still\nexhibit enough of a risk to considered dangerous and consequently would need to be shipped as fully\nregulated items for air and ground transportation?\nFedEx Logistics in conjunction with FedEx Services is looking to initiate new service enchancements using\nlithium battery powered data logging equipment.\nGetting a response back to this inquiry as soon as humanly possible would help us to achieve these\ngoals.\nI look forward to your response in this matter.\nSincerely,\nMarvin A. Sudduth\nDangerous Goods Advisor\nLogistics\nFedEx Forward Depots Inc.\n5025 Tuggle Rd .\nMemphis, TN 38118\nOffice :-901-566-2833\nFax:-901-566-2906\nEma ii :masudduth@fedex.com","truncated":false,"body_characters":8807}