SorbTech, Inc. — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration August 3, 2020 1200 New Jersey Avenue, SE Washington, DC 20590 Joanna Kilburn SorbTech, Inc. 1305 Veterans Parkway, Suite 600 Clarksville, IN 47129 Reference No. 20-0048 Dear Ms. Kilburn: This letter is in response to your June 25, 2020, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to marking requirements. You state you have a machine classified and described as “UN3363, Dangerous Goods in Machinery or Dangerous Goods in Apparatus, 9,” which contains a lithium ion battery that can be classified and described as “UN3481, Lithium ion batteries contained in equipment, including lithium ion polymer batteries, 9.” When the machine or apparatus is shipped domestically by air and ground transportation, you state it is packaged in a non-specification cardboard box (e.g., strong outer packaging), which is then secured to a pallet with shrink-wrap. You ask whether it is acceptable to apply the required markings to the outside of the shrink-wrap instead of the cardboard box (i.e., instead of the package). The answer is no. A person who offers a hazardous material for transportation must mark and label the package accordingly, for instance a person must mark a non-bulk package with the proper shipping name and identification number. Shrink-wrapping a package to a pallet is an example of an overpack, where the overpack provides protection or convenience in handling of a package or consolidates two or more packages (see § 171.8). If the markings and labels on the package are not visible through the shrink-wrap, the shrink-wrapped pallet must display the required marking(s) and label(s) as prescribed in § 173.25(a)(2). I hope this information is helpful. Please contact us if we can be of further assistance. Sincerely, Dirk Der Kinderen Chief, Standards Development Branch Standards and Rulemaking Division#

Page 2Baker 20-0048 From: INFOCNTR (PHMSA) To: Hazmat Interps Subject: FW: Letter of Interp - Package Marking Requirements Date: Tuesday, June 30, 2020 3:59:52 PM Hello Alice and Ikeya, Below is a request for letter of interpretation. Thanks, Jonathon, HMIC From: Joanna Kilburn [mailto:jkilburn@sorbtechinc.com] Sent: Thursday, June 25, 2020 12:51 PM To: INFOCNTR (PHMSA) <INFOCNTR.INFOCNTR@dot.gov> Subject: Letter of Interp - Package Marking Requirements CAUTION: This email originated from outside of the Department of Transportation (DOT). Do not click on links or open attachments unless you recognize the sender and know the content is safe. Johnathan, We have a material that is Dangerous Goods in Apparatus (UN3363) and contains a lithium-Ion Battery in equipment (UN3481) that is shipped by air and ground. The machine is packaged in a cardboard box. The cardboard box is not required to be specification packaging. The box is secured to a pallet with shrink-wrap (plastic wrap). Would it be acceptable to apply the required markings to the outside of the shrink-wrap instead of the cardboard box? Regards, Joanna Kilburn SorbTech, Inc. 1305 Veterans Parkway, Suite 600 Clarksville, IN 47129 Info@sorbtechinc.com Office: 812-944-9108 Cell: 502-599-2192 Fax: 812-944-9109 NOTICE: This e-mail message and any documents attached to it are privileged and confidential. This information is intended to be used solely by the entity or individual to whom this message is addressed. If you are not the intended recipient, be advised that any use, dissemination, forwarding, printing, or copying of this message and/or attachments without the sender's written permission is strictly prohibited and may be unlawful. Accordingly, if you have received this message in error, please notify the sender immediately by return e-mail or call 812-944-9108, and then destroy the original transmission and its attachments without reading or saving in any manner. Neither the transmission of this message or any attachment nor any error in transmission or misdelivery shall constitute a waiver of any applicable legal privilege. The findings, opinions, and recommendations contained herein this communication are not exhaustive and/or all-inclusive and are based solely on the information provided to SorbTech, Inc by the addressee and/or entity representative. Many regulations are open to#

Page 3interpretation and these findings, opinions, and recommendations may or may not satisfy any regulating body. These findings, opinions, and recommendations are not binding upon the addressee and/or entity and are only suggested actions. Addressee and/or entity is ultimately responsible for implantation of the same. SorbTech, Inc. hereby specifically exclaims any expressed or implied warranties. Addressee and/or entity should consult legal counsel and/or subject matter experts for additional recommendations. Addressee and/or an entity explicitly agrees that SorbTech, Inc. is not liable for any ultimate determination made by any regulating body as to these findings, opinions, and recommendations.#