{"operation":"document","citation":"22-0095","title":"Environmental Resource Center — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2023-03-17","effective_on":null,"summary":"22-0095 response to Environmental Resource Center concerning 172.101, 173.6.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-22-0095.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-22-0095.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-22-0095","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/77406/220095.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nMarch 17, 2023\nKristie Absher\nSenior Consultant\nEnvironmental Resource Center\n101 Center Pointe Drive\nCary, NC 27513\nReference No. 22-0095\nDear Ms. Absher:\nThis letter is in response to your June 17, 2022, letter, January 30, 2023, email, and subsequent\nphone conversation with a member of my staff requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to the transportation of lithium\nmetal batteries contained in acoustic devices used for sound recordings called “rockhoppers.”\nSpecifically, you state that your research team deploys rockhoppers as part of an ocean research\nprogram. The rockhoppers are powered by an 8.8 kg lithium metal battery where the batteries are\nhermetically sealed inside the device to prevent water intrusion and thus cannot be removed for\ntransportation purposes. Furthermore, the rockhoppers—which are made of glass—are housed in\na buoy type unit for protection against damage and then packaged in a sturdy case when\ntransported. The weight of the buoy type unit is over 100 lbs. and the weight of the total\npackage—to include all equipment and packaging—is less than 150 lbs. Lastly, you state that\nthese rockhoppers would be transported by highway to a boat pier for loading onto a vessel to\nthen launch the rockhoppers in the ocean. You ask when referencing “UN3091, Lithium metal\nbatteries contained in equipment including lithium alloy batteries, 9” as it relates to the materials\nof trade (MOTs) exception, does the 30 kg weight limitation—as applied to Class 9 articles\nwithout a packing group designation in the § 172.101 hazardous materials table—apply to the\ntotal package, the buoy type unit containing a rockhopper, the rockhopper, or just the lithium\nmetal battery contained in the rockhopper.\nBased on the information you have provided, the 30 kg (66 lbs.) weight limitation applies to the\nrockhopper because the buoy type unit and sturdy case may be considered a means of securing\nthe rockhopper against shifting during transport. In accordance with § 173.6(b)(3), outer\n\n<<<PAGE 2>>>\n\npackaging is not required for articles that are secured against shifting by cages, carts, bins, boxes,\ncompartments or by other means. Thus, when utilizing the MOTs provisions for this specific\nscenario, only the combined weight of the lithium metal battery installed in the rockhopper\nshould be considered for the 30 kg gross weight limit.\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\nJune 17, 2022\nBaker\n22-0095\nMr. Shane Kelley\nDirector, Standards and Rulemaking Division\nU.S. DOT/PHMSA (PHH-10)\n1200 New Jersey Avenue, SE East Building, 2nd Floor\nWashington, DC 20590\nDear Mr. Kelley:\nMy question is about weight limits for lithium ion or metal batteries contained in equipment per the\nmaterials of trade (MOT) exception in 49 CFR 173.6.\n49 CFR 173.6(a) indicates that articles without packing groups are limited to packaging with a gross\nmass of 30 kg (66 lb). Does the 30 kg gross mass limit apply to lithium batteries packed with or\ncontained in equipment?\nFor example, I am transporting a lithium metal battery installed in equipment. The battery weighs 10 kg\nand the equipment without the battery weighs 40 kg. Therefore, the gross weight of my completed\npackaging is 50 kg (battery plus equipment) plus the weight of packaging and its components. Since I\nam over the gross mass limit of 30 kg, I cannot take the MOT exception.\nHowever, if I remove the battery from the equipment and package it separately, the gross mass of my\npackaging is reduced to well under 30 kg as it contains the 10 kg battery plus the packaging and\ncomponents. In that case, I can take the MOT exception provided all other conditions for the exception\nare met.\nIt seems illogical that the exact same battery can be transported as a MOT when removed from its\nequipment but cannot qualify when installed in equipment.\nThank you in advance for your clarification.\nSincerely,\nKristie Absher\nSenior Consultant\n\n<<<PAGE 4>>>\n\nFrom: INFOCNTR (PHMSA)\nTo: Date: Dodd, Alice (PHMSA); Hazmat Interps\nSubject: FW: Request for Interpretation\nFriday, September 16, 2022 2:46:18 PM\nAttachments: LiBatMOTDOTLetter.pdf\nDear Alice and team,\nPlease see the attached LOI. Thank you.\nRachel (HMIC)\nFrom: Kristie Absher <kabsher@ercweb.com>\nSent: Monday, September 12, 2022 1:39 PM\nTo: INFOCNTR (PHMSA) <INFOCNTR.INFOCNTR@dot.gov>\nSubject: Request for Interpretation\nCAUTION: This email originated from outside of the Department of Transportation (DOT). Do\nnot click on links or open attachments unless you recognize the sender and know the content\nis safe.\nDear DOT representative:\nAttached is a copy of a request for interpretation that I mailed three months ago.\nSince I had not heard anything, I called the hazmat info center to check on the status of my\nrequest. The phone representative suggested I email the request.\nI look forward to hearing from you. My contact information is below and in the letter.\nRegards,\nKristie Absher\nEnvironmental Resource Center\n101 Center Pointe Dr.\nCary, NC 27513\n919-469-1585 x 402\n919-342-0807 fax\nkabsher@ercweb.com\nhttp://www.ercweb.com\nWe appreciate customers like you, help us grow by leaving us a review at https://goo.gl/uZXmlL.","truncated":false,"body_characters":5528}