Amazon — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue, SE Washington, DC 20590 July 29, 2021 Ms. Marianna Patterson Manager, Amazon Public Policy Amazon 601 New Jersey Avenue, NW Washington, DC 20001 Reference No. 21-0052 Dear Ms. Patterson: This letter is in response to your May 12, 2021, email and previous phone conversations requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to packaging of lithium batteries. Specifically, you ask whether a flexible overpack can be used to transport smaller lithium cells or batteries contained in equipment, which are packaged in retail packaging. Furthermore, you indicate the retail packaging is sturdy, durable, constructed to retain the contents under normal conditions of transportation, and meets the outer packaging requirements of § 173.185. The answer is yes. The HMR defines an overpack (see § 171.8)—except as provided in subpart K of part 178—as “an enclosure that is used by a single consignor to provide protection or convenience in handling of a package or to consolidate two or more packages.” Therefore, if the retail packaging meets the outer packaging requirements for smaller lithium cells or batteries contained in equipment (i.e., packaging requirements of the HMR including §§ 173.24, 173.24a, and 173.185), the flexible packaging would meet the definition of an overpack.#

Page 2See § 173.25 for additional overpack requirements. 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 3Geller 21-0052 From: INFOCNTR (PHMSA) To: Subject: Date: Dodd, Alice (PHMSA); Hazmat Interps FW: Amazon Interpretation Letter Request Wednesday, May 12, 2021 9:30:47 AM Good morning Alice, Please see the request for a letter of interpretation below Shelby’s email to us. Shelby said she has been working with Marianna, and that it will need to be a formal letter of interpretation. Please contact us with any questions. Thank you, Sarah (HMIC) From: Geller, Shelby (PHMSA) Sent: Wednesday, May 12, 2021 9:21 AM To: INFOCNTR (PHMSA) <INFOCNTR.INFOCNTR@dot.gov> Subject: RE: Amazon Interpretation Letter Request Hi HMIC, Although not clear, please log the email Marianna just sent as an interp. her and I know this is what she wants. We have been working with Thanks, Shelby Geller Regulatory Transportation Specialist, OHMS Standards & Rulemaking USDOT, PHMSA 1200 New Jersey Ave SE, Washington, DC 20590 Office: 202-366-3658 From: Patterson, Marianna [mailto:pattema@amazon.com] Sent: Wednesday, May 12, 2021 9:15 AM To: INFOCNTR (PHMSA) <INFOCNTR.INFOCNTR@dot.gov> Cc: Geller, Shelby (PHMSA) <shelby.geller@dot.gov>; Kelley, Shane (PHMSA) <shane.kelley@dot.gov>; Miller, Kaleigh <kalmil@amazon.com>; Henisse, Mike <mhenisse@amazon.com> Subject: Amazon Interpretation Letter Request 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. Good Morning,#

Page 4Please confirm the following per our phone conversation: considering that retail packaging is sturdy, durable, and constructed to retain the contents under normal conditions of transportation, an additional over-wrap (i.e. poly bag, padded mailer, jiffy, etc.) is compliant with US DOT regulations. Thanks -Marianna Marianna Patterson Manager, Amazon Public Policy 601 New Jersey Ave NW Washington, DC 20001 Tel: (202) 442-2997 Cell: (773) 615-0285 Email: pattema@amazon.com#