{"operation":"document","citation":"21-0110","title":"Matson, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2022-12-22","effective_on":null,"summary":"21-0110 response to Matson, Inc. concerning 173.154.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-21-0110.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-21-0110.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-21-0110","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/77106/210110.pdf","body":"<<>>\n\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\nDecember 22, 2022\nMr. Cliff Bartley\nMatson, Inc.\n426 N. 44th Street\nSuite 250\nPhoenix, AZ 85008\nReference No. 21-0110\nDear Mr. Bartley:\nThis letter is in response to your November 22, 2021, email requesting clarification of the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to transporting dry\nbatteries. Specifically, you ask about shipping this material—classified as “UN3028, Batteries,\ndry, containing potassium hydroxide solid, electric storage, 8”—as a limited quantity and\nharmonization with the International Maritime Dangerous Goods (IMDG) Code.\nWe have paraphrased and answered your questions as follows:\nQ1. You ask whether the 5-kilogram (kg) limit per inner packaging—as specified in\n§ 173.154(b)(2) for limited quantity combination packagings of Packing Group (PG) III\ncorrosive materials—refers to only the potassium hydroxide within a battery or the article\nitself.\nA1. Since this battery is an article, the entire weight of the battery must be considered when\nadhering to the 5 kg inner packaging limit.\nQ2. You ask which PG should be utilized when shipping “UN3028, Batteries, dry, containing\npotassium hydroxide solid, electric storage, 8” as a limited quantity material.\nA2. The Hazardous Materials Table (HMT) entry for “UN3028, Batteries, dry, containing\npotassium hydroxide solid, electric storage, 8” specifies § 173.213 as the non-bulk\npackaging section in column 8B of the HMT. Section 173.213 is titled “Non-bulk\npackagings for solid hazardous materials in Packing Group III.” Therefore, PG III limits\nshould be utilized when shipping this material as a limited quantity.\n\n<<>>\n\nQ3. You request that the HMR be harmonized with the IMDG Code by indicating PG III in\nthe entry for “UN3028, Batteries, dry, containing potassium hydroxide solid, electric\nstorage, 8” in the HMT.\nA3. Generally, PHMSA strives to maintain alignment with international regulations and\nconsensus standards including the United Nations (UN) Model Regulations, the\nInternational Civil Aviation Organization (ICAO) Technical Instructions, and the IMDG\nCode. In this instance, the HMR is aligned with both the ICAO Technical Instructions\nand UN Model Regulations by omitting a PG for “UN3028, Batteries, dry, containing\npotassium hydroxide solid, electric storage, 8.”\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<>>\n\nWolocott\n21-0110\nFrom: INFOCNTR (PHMSA)\nTo: Dodd, Alice (PHMSA)\nSubject: FW: Request for a Letter of Interpetation\nDate: Wednesday, December 8, 2021 2:12:54 PM\nAttachments: UN3028.docx\nDear Alice,\nPlease see the attached LOI request, (or) the below LOI request.\nIf you have any questions, please do not hesitate to reach out.\nRegards,\nJosh (HMIC)\nFrom: Clifford Bartley (Remote) 480-428-9286 \nSent: Saturday, December 4, 2021 11:48 PM\nTo: INFOCNTR (PHMSA) \nCc: Clifford Bartley (Remote) 480-428-9286 \nSubject: Request for a Letter of Interpetation\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 Help Desk,\nI contacted your group regarding the referenced UN3028 entry discrepancies. I have written the\nattached letter to gain clarification on the proper use of this entry especially under the limited\nquantity exception.\nThe help desk is very beneficial in aiding industry and customers in the proper handling of dangerous\ngoods and I comment the team.\nRegards,\nMatson\nCliff Bartley, CDGP\nManager Dangerous Goods\n1hazmatapprovalgroup@matson.com\ncbartley@matson.com\nCell: 1-480-428-9286\nNOTICE: This message, including any attachments, is intended for the use of the party to which it is\naddressed and may contain information that is privileged, confidential and exempt from disclosure.\nIf you are not the intended recipient, any dissemination, distribution or copying of this\ncommunication is strictly prohibited. If you have received this communication in error, please\n\n<<>>\n\ncontact the sender immediately by reply e-mail, and delete the original and any copies of this\nmessage. It is the sole responsibility of the recipient to ensure that this message and any\nattachments are virus free.\n\n<<>>\n\nNovember 22, 2021\nClifford Bartley\nManager Dangerous Goods\n426 N. 44th Street\nSuite 250\nPhoenix, AZ85008\nMr. Shane Kelley, Director Standards & Rulemaking\nPipeline and Hazardous Materials Safety Administration\nAttn: PHH-10, U.S. Department of Transportation, East Building\n1200 New Jersey Avenue, SE.\nWashington, DC 20590-0001\nRequest for a “Letter of Interpretation”\nReferenced UN3028\nDear Mr. Kelley:\nI am writing to obtain guidance on UN3028, Batteries, Dry, Containing Potassium Hydroxide, Solid, 8, III. The\nentry is only applicable to dry non activated batteries and the regulations allows the batteries to ship under the\n“Limited Quantity” exception of 5kg for PGIII cargo.\nThe question surrounds the weight of the product. Is the 5kg limited quantity amount designated as the weight\nfor the potassium hydroxide within the battery or the article itself which would include the battery and the\npotassium hydroxide? I noticed that the IMDG Code provide a limited quantity exception for UN2794 lead\nacid batteries of 1 liter and it is understood that the 1liter is the battery fluid acid within the battery itself since it\nis the only liquid element of the article.\nI would also like to see this UN3028 entry harmonized with the IMDG code in that the entry in 49CFR172.101\ndoes not have a packing group number indicated. The hazmat table does reference 49CFR173.154 in column 7a\nfor the entry but a packing group is required to determine the mass limitation. It is difficult to determine the\nlimited quantity exception applicable without a packing group designation.\nProviding guidance on the UN3028 will be beneficial in the proper classification of this dangerous goods entry.\nThank you for your help.\nSincerely,\nCliff Bartley\nManager Dangerous Goods\nMatson Inc.\nPh. 1-480-428-9286\n1","truncated":false,"body_characters":6387}