{"operation":"document","citation":"20-0058","title":"DHL Global Forwarding — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2020-09-15","effective_on":null,"summary":"20-0058 response to DHL Global Forwarding concerning 172.102, 173.185.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-20-0058.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-20-0058.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-20-0058","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/74356/200058.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nSeptember 15, 2020\nDennis Raymund V. Franco\nManager DG Compliance\nDHL Global Forwarding\n22879 Glenn Drive, Suite 100\nSterling, VA 20164\nReference No. 20-0058\nDear Mr. Franco:\nThis letter is in response to your August 5, 2020, email and subsequent phone conversation\nrequesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180)\napplicable to the requirements for transporting a bicycle powered by a lithium ion battery (an “e-\nbike”). Specifically, you ask several questions relating to the proper classification and modes of\ntransportation authorized for the e-bike.\nQ1. You ask whether an e-bike with a 418 Watt-hour (Wh) or 504 Wh lithium ion battery\ninstalled can be transported by aircraft or vessel.\nA1. The answer is yes. An e-bike powered by a lithium ion battery, transported with the\nbattery installed, is described and classified as “UN3171, Battery-powered vehicle, 9” in\naccordance with § 172.102(c)(1), Special Provision 134. There is no Wh limit for a\nlithium ion battery installed in and powering a vehicle.\nQ2. You ask whether an e-bike with a 418 Wh or 504 Wh lithium ion battery installed and\ndescribed by the shipper as “UN3481, Lithium battery contained in equipment,” would be\nauthorized for transport by aircraft or vessel.\nA2. See answer A1. The proper description for an e-bike transported with a lithium ion\nbattery installed is “UN3171, Battery-powered vehicle.”\nQ3. You ask whether all lithium ion batteries over 300 Wh are forbidden from transportation\nby aircraft and vessel.\nA3. The answer is no. However, lithium ion batteries with a Wh rating over 300 Wh are\nineligible for the small cell and battery exception in § 173.185(c). This does not prevent\n\n<<<PAGE 2>>>\n\nlithium ion batteries over 300 Wh from being transported as fully regulated Class 9\nhazardous materials, subject to all applicable HMR requirements. Additionally, as\ndiscussed above, there is no Wh limit for lithium ion batteries installed in vehicles.\nQ4. You ask whether there is a weight limit for overpacks containing multiple packages of\nsmall lithium batteries when transported by highway, rail or vessel. Each package of\nlithium batteries is prepared in accordance with the exception found in § 173.185(c).\nA4. The answer is no. There is no weight limit for an overpack, or limit on the number of\npackages of lithium batteries allowed to be overpacked together for transportation by\nhighway, rail, or vessel. This applies to both lithium batteries offered in accordance with\nthe exception for smaller cells and batteries in § 173.185(c), and fully regulated lithium\nbatteries.\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\n20-0058\nFrom: Foster, Glenn (PHMSA)\nTo: Dennis Raymund (DHL US); Pfund, Duane (PHMSA); McLaughlin, Janet <AWA>; Vincent.Babich@dot.gov\nCc: Dodd, Alice (PHMSA)\nSubject: RE: Request for interpretation on US DOT 49 CFR §173.185 Lithium cells and batteries (c) (1) (iv)\nDate: Wednesday, August 5, 2020 7:37:10 AM\nGood morning, Mr. Raymund.\nThank you for your inquiry. We will have it checked in as a request for a letter of interpretation and\nassigned to a Transportation Specialist for a response.\nBest regards,\nGlenn Foster\nFrom: Dennis Raymund (DHL US) [mailto:dennis.franco@dhl.com]\nSent: Wednesday, August 5, 2020 7:00 AM\nTo: Pfund, Duane (PHMSA) <Duane.Pfund@dot.gov>; McLaughlin, Janet <AWA>\n<janet.mclaughlin@faa.gov>; Foster, Glenn (PHMSA) <Glenn.Foster@dot.gov>;\nVincent.Babich@dot.gov\nSubject: Request for interpretation on US DOT 49 CFR §173.185 Lithium cells and batteries (c) (1) (iv)\nCAUTION: This email originated from outside of the Department of Transportation (DOT). Do not click on links or\nopen attachments unless you recognize the sender and know the content is safe.\nGood morning All,\n“As quote “(iv) For transportation by highway or rail only, the lithium content of the cell and battery\nmay be increased to 5 g for a lithium metal cell or 25 g for a lithium metal battery and 60 Wh for a\nlithium ion cell or 300 Wh for a lithium ion battery, provided the outer package is marked: “LITHIUM\nBATTERIES—FORBIDDEN FOR TRANSPORT ABOARD AIRCRAFT AND VESSEL.”\nIs my understanding correct if for example an e-bike that is designed to carry by one or more person:\nI am transporting UN3171 battery Powered Class 9. If the lithium ion battery has a watt\nrating of 418 and 504WH on each e-bike, are the battery FORBIDDEN for transport by Vessel\nor Air and is considered a non-compliance issue?\nWhat if the e-bike is classified as UN3481 Lithium Ion Battery contained in equipment Class\n9? If the lithium ion battery has a watt rating of 418 and 504WH on each e-bike, are they also\nFORBIDDEN for transport by Vessel or Air?\nDoes these mean any Lithium Ion battery above 300 Wh or more is FORBIDDEN for transport\nby Vessel or Air and can transported only by road or rail?\nPlease advise.\nThanks & best regards,\n\n<<<PAGE 4>>>\n\nDennis Raymund V. Franco\nManager DG Compliance\nDHL Global Forwarding\n22879 Glenn Drive, Suite 100\nSterling, VA, 20164\nUnited States\niPhone: +1 703-826-1229\nEmail: dennis.franco@dhl.com\nWarning: This record may contain sensitive security information (SSI) that is controlled under 49 CFR Parts 15 and 1520. No\npart of this record may be disclosed to persons without a “need to know,” as defined in 49 CFR Parts 15 and 1520, except with\nthe written permission of the Administrator of the Transportation Security Administration or the Secretary of Transportation.\nUnauthorized release may result in civil penalty or other action. For U.S. Government Agencies, Public disclosure is governed by\n5 U.S.C. 552 and 49 CFR Parts 15 and 1520.","truncated":false,"body_characters":5938}