{"operation":"document","citation":"22-0110","title":"Environmental Resource Center — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2022-12-13","effective_on":null,"summary":"22-0110 response to Environmental Resource Center concerning 172.101.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-22-0110.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-22-0110.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-22-0110","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/77056/220110.pdf","body":"<<<PAGE 1>>>\n\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\nDecember 13, 2022\nMs. Kristie Absher\nEnvironmental Resource Center\n101 Center Pointe Drive\nCary, NC 27513\nReference No. 22-0110\nDear Ms. Absher:\nThis letter is in response to your October 21, 2022, letter requesting clarification of the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to an uninterruptible\npower supply (UPS) and an extended battery module (EBM) that both contain lithium ion\nbatteries. Specifically, you state that the UPS and EBM are back-up power devices that provide\npower to other equipment, although the EBM can only provide power to other equipment\nthrough a connected UPS. Therefore, you believe that both the UPS and EBM devices are best\ndescribed and classified as “UN3480, Lithium ion batteries including lithium ion polymer\nbatteries, 9,” and ask questions regarding the correct description, quantity limitations, and\nshipping paper requirements for cargo aircraft only transportation.\nWe have paraphrased and answered your questions as follows:\nQ1. You ask whether this Office agrees with the chosen description of “UN3480” for both the\nUPS and EBM devices.\nA1. The answer is yes. In a previously published letter of interpretation—Reference No. 21-\n0080—PHMSA states that a lithium ion battery-powered UPS, the purpose of which is to\nprovide power to separate equipment, is considered a battery. Based on the information\nyou provided, both the UPS and EBM devices would best be described as “UN3480” for\nthe purposes of hazardous materials transportation.\nQ2. You ask whether the quantity limitation of 35 kg for cargo aircraft only is applicable to\nthe weight of the UPS and EBM devices as a whole or is it applicable to the net weight of\nthe lithium ion battery within each device (e.g., the UPS or EBM).\nA2. Although the UPS or EBM devices are best described as “UN3480” for purposes of\nshipping, the quantity limitation of 35 kg would apply to the weight of the lithium ion\n\n<<<PAGE 2>>>\n\nbattery contained in the devices. The maximum quantity of hazardous material in a\npackage transported aboard a cargo-only aircraft may not exceed that quantity prescribed\nfor the material in Column 9B of the § 172.101 Hazardous Materials Table. In\naccordance with § 172.101(j)(2), for Columns 9A and 9B, the quantity limitation per\npackage is “net” except where otherwise specified. Please note: special provision A54\nassigned to “UN3480” allows for a lithium battery to exceed the 35 kg quantity limitation\nwhen approved by the Associate Administrator.\nQ3. You ask whether you should declare on a shipping paper the weight of the UPS or EBM\ndevices or the net weight of the lithium ion battery within each device. You also ask\nwhether you are prohibited from entering both quantities on a shipping paper.\nA3. Again, although the UPS or EBM device is best described as “UN3480” for purposes of\nshipping, the weight of the lithium ion battery must be declared on a shipping paper.\nAdditionally, you would not be prohibited from entering both the weight of the lithium\nion battery and the weight of the UPS or EBM device on a shipping paper; however, it\nshould be clearly denoted to avoid confusion during acceptance by the carrier and to\navoid frustration when shipping these devices.\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\nBaker\n22-0110\nFrom: INFOCNTR (PHMSA)\nTo: Hazmat Interps\nSubject: FW: Request for Interpretation - UPS and EBM devices with lithium ion batteries\nDate: Friday, October 21, 2022 2:56:40 PM\nAttachments: EBMDOTLetterrevised.pdf\nSee attached request for interpretation.\nThanks,\nJonathon, HMIC\nFrom: Kristie Absher <kabsher@ercweb.com>\nSent: Friday, October 21, 2022 1:52 PM\nTo: INFOCNTR (PHMSA) <INFOCNTR.INFOCNTR@dot.gov>\nSubject: Request for Interpretation - UPS and EBM devices with lithium ion batteries\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 request for a letter of interpretation with several questions on UPS and EBM\ndevices that contain lithium ion batteries.\nThank you in advance for your assistance.\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\n\n<<<PAGE 4>>>\n\nOctober 21, 2022\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:\nWe have questions about shipping uninterruptable power supplies (UPS) and extended battery modules\n(EBM) by air. UPSs and EBMs are back-up power devices that contain lithium ion batteries. Their\npurpose is to power other equipment though an EBM can only power other equipment through a\nconnected UPS.\nBecause they are used to power other equipment, we think the UPS and EBM devices are classified as\nUN3480, Lithium ion batteries, Class 9, rather than UN 3481, Lithium ion batteries contained in\nequipment, Class 9.\nDo you agree with the UN3480 classification for both UPS and EBM devices?\nFor UN3480 via Cargo Aircraft Only, the maximum net quantity per package is 35 kg.\nIs the 35 kg quantity limit applicable to the weight of the UPS or EBM as a whole or to the net weight of\nlithium ion batteries within the UPS or EBM devices?\nOn shipping papers, do we declare the weight of the UPS or EBM as a whole or the net weight of the\nlithium ion batteries within the UPS or EBM? Are we prohibited from entering both quantities?\nWe appreciate your help. Please let us know if you need additional information to respond to our\nquestions.\nSincerely,\nKristie Absher\nSenior Consultant","truncated":false,"body_characters":6033}