{"operation":"document","citation":"21-0099","title":"Lithium Battery Service GbR — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2021-12-08","effective_on":null,"summary":"21-0099 response to Lithium Battery Service GbR concerning 172.332, 172.504.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-21-0099.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-21-0099.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-21-0099","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/76146/210099.pdf","body":"<<>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nDecember 8, 2021\nEva Glimsche\nLithium Battery Service GbR\nSperberstr. 50e\nMunich, Germany 81827\nReference No. 21-0099\nDear Ms. Glimsche:\nThis letter is in response to your October 29, 2021, email requesting clarification of the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to transportation of\nlithium batteries. We have paraphrased and answered your questions as follows:\nQ1: You ask whether placards are required when shipping an energy storage system classified\nas “UN3536, Lithium batteries installed in cargo transport unit, 9.”\nA1: The answer is yes. Special provision 389 is assigned to that proper shipping name and\nstates that “the cargo transport unit shall display the UN number in a manner in\naccordance with § 172.332 of this subchapter and be placarded on two opposing sides.”\nQ2: You ask whether the driver of a motor vehicle transporting an energy storage system\nclassified as “UN3536, Lithium batteries installed in cargo transport unit, 9” is required\nto have a hazmat endorsement on his or her Commercial Driver’s License (CDL).\nA2: The answer is no. For purposes of 49 CFR Part 383 and the applicability of the CDL\nhazmat endorsement, a “hazardous material” is defined in 49 CFR 383.5 as a material\nthat has been designated as hazardous under 49 U.S.C. 5103 and is required to be\nplacarded under Subpart F of 49 CFR Part 172; or any quantity of a material listed as a\nselect agent or toxin in 42 CFR Part 73. In your scenario, the cargo transport unit does\nnot require placards under Subpart F of 49 CFR Part 172 (see § 172.504(f)(9)).\nQ3: You ask whether the Pipeline and Hazardous Materials Administration (PHMSA) has any\ncurrent proposals to require the placarding of an energy storage system classified as\n“UN3536, Lithium batteries installed in cargo transport unit, 9” under Subpart F of 49\nCFR Part 172.\n\n<<>>\n\nA3: The answer is no, PHMSA has no such proposals under consideration at this time. If you\nbelieve a rulemaking change is warranted, we invite you to file a petition for rulemaking\nin accordance with 49 CFR 106.95, 106.100, and 106.105, including all information\nneeded to support your petition. Your request will be evaluated for consideration in a\nfuture upcoming rulemaking. For regulations in 49 CFR Parts 171 through 180, please\nsubmit the petition to: Standards and Rulemaking Division, Pipeline and Hazardous\nMaterials Safety Administration, PHH-10, U.S. Department of Transportation, East\nBuilding, 1200 New Jersey Avenue, SE, Washington, DC 20590-0001. Please contact\nMr. Steven Andrews in the Regulatory Review and Reinvention Branch of the Standards\nand Rulemaking Division at 202-366-8553 for more information.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<>>\n\n21-0099\nAndrews\nFrom: INFOCNTR (PHMSA)\nTo: Subject: Date: Dodd, Alice (PHMSA); Hazmat Interps\nFW: Requesting a formal letter of interpretation on UN 3536 placarding\nFriday, October 29, 2021 2:29:57 PM\nGood afternoon Alice,\nPlease see the request for a letter of interpretation below. Please contact our office with any\nquestions.\nBest,\nSarah (HMIC)\nFrom: Eva Glimsche \nSent: Friday, October 29, 2021 9:16 AM\nTo: INFOCNTR (PHMSA) \nSubject: Re: Requesting a formal letter of interpretation on UN 3536 placarding\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.\nDear Sarah,\nwe need and request a formal letter of interpretation on this.\nBecause the oral information we received won‘t help when a UN 3536 is stopped during road\ntransport without placards and without hazmat driver.\nBest regards\nEva\nEva Glimsche\nLithium Battery Service GbR - Sperberstr. 50e - 81827 München - Germany\nOffice +49 (0)89 - 43579624 - Mobile +49 (0)171 - 4958177\neva.glimsche@lithium-battery-service.de\nwww.lithium-battery-service.de\nAm 28.10.2021 um 17:32 schrieb INFOCNTR (PHMSA) :\n\n<<>>\n\n\nDear Eva,\nWe have received your inquiry about the hazardous materials regulations (49 CFR Parts 171-180).\nThe hazardous materials regulations are available at the following URL:\nhttps://www.ecfr.gov/cgi-bin/text-idx?\nSID=1d49a3b137cb1b6fc45251074e634b44&tpl=/ecfrbrowse/Title49/49tab_02.tpl\nA hazardous materials regulatory specialist would be happy to speak with you regarding your\ninquiry. You may contact the Hazardous Materials Information Center, which is staffed with\nregulatory specialists who can quickly answer your questions by phone, Monday through Friday, 9\nAM - 5 PM EST at +1(202) 366-4488.\nSincerely,\nSarah, Hazardous Materials Specialist\nAn e-mail response from this office is considered informal guidance. Formal guidance may be\nrequested in accordance with 49 CFR 105.20. https://www.phmsa.dot.gov/standards-\nrulemaking/hazmat/hazardous-materials-information-center\nFrom: Eva Glimsche \nSent: Thursday, October 28, 2021 10:16 AM\nTo: INFOCNTR (PHMSA) \nSubject: Requesting a formal letter of interpretation on UN 3536 placarding\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.\nDear PHMSA Team,\nherewith I request a formal letter of interpretation on the question:\n1. Is a placarding of an energy storage classified as UN 3536 Lithium batteries\ninstalled in cargo transport unit required?\nIn subpart F of 49 CFR part 383, §383.93 (b) (4) it reads:\n(b) Endorsement descriptions. An operator must obtain State-issued endorsements to\nhis/her CDL to operate commercial motor vehicles which are:\n(4) Used to transport hazardous materials as defined in §383.5; or\nThe definition for\n\n<<>>\n\nHazardous materials means any material that has been designated as hazardous\nunder 49 U.S.C. 5103 and is required to be placarded under subpart F of 49 CFR part\n172 or any quantity of a material listed as a select agent or toxin in 42 CFR part 73.\nAnd under subpart F of 49 CFR part 172, §172.500 it reads that the only exceptions\nare for those prepared as described in §173.13.\nYet an energy storage is no combination packaging but an “article” that is being\ntransported either without a packaging or in a CTU (sea container).\nSo to our understanding a placarding would be required.\n2. Is a hazmat endorsement required for the driver?\nSubsequently a hazmat endorsement would be required for the driver.\nYet the consensus we received orally so far is that a hazmat endorsement is not\nrequired because special provision 389 is not included in 49 CFR, Part 172, Subpart\nF. A hazmat endorsement is only required in the FMCSA regs when placarding is\nrequired by part 172, Subpart F, and the requirement in SP 389 is in Part 172,\nSubpart B. thus, no hazmat endorsement is required for the driver.\n3. Considering the large amount of energy in such an energy storage classified\nas UN 3536 we would like to ask if SP 389 is being discussed to be added to\npart 172, Subpart F in the near future?\nThank you very much in advance for answering both questions in a formal letter of\ninterpretation.\nBest regards\nEva Glimsche\nEva Glimsche\nLithium Battery Service GbR – Sperberstr. 50e – 81827 München\nBüro 089 - 43579624 – Mobil 0171 – 4958177\neva.glimsche@lithium-battery-service.de\nwww.lithium-battery-service.de","truncated":false,"body_characters":7773}