{"operation":"document","citation":"23-0055","title":"Amazon Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2024-04-19","effective_on":null,"summary":"23-0055 response to Amazon Inc. concerning 171.8, 173.185, 173.25.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-23-0055.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-23-0055.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-23-0055","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/2025-12/230055.pdf","body":"<<>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nApril 19, 2024\nMr. Josh Galvarino\nSenior Risk Manager\nWW DG Regulatory Engagement\nAmazon Inc.\n1010 Church St.\nNashville, TN 37203\nReference No. 23-0055\nDear Mr. Galvarino:\nThis letter is in response to your June 20, 2023, letter and subsequent conversations\nwith members of my staff requesting clarification of the Hazardous Materials\nRegulations (HMR; 49 CFR Parts 171-180) applicable to the use of “infinity\nbags”1\n—as a carrier—to consolidate packages and whether the “overpack”\nrequirements specified in §§ 173.25(a)(2), 173.185(c)(1)(vi), and 173.185(c)(3)(iii)\napply in such instances. You describe several scenarios in which “infinity bags” are\nused to consolidate packages by Amazon employees (or employees directly\ncontracted to work for Amazon) working at warehouses, intermediate handling\nfacilities, sorting centers, distribution points, etc.—i.e., all within the transportation\nchain that Amazon operates within its network of facilities, vehicles, and airline.\nYou state that Amazon does not transfer the “infinity bags” to another carrier,\nairline, or third-party, and uses these consolidating “infinity bags” solely within its\nnetwork as a carrier. You ask whether the “infinity bags” described in your letter are\nconsidered overpacks as defined by § 171.8.\nThe answer is no. As defined in § 171.8 of the HMR, an overpack “means an\nenclosure that is used by a single consignor to provide protection or convenience in\nhandling of a package or to consolidate two or more packages.” The intent of the\nwords “used by a single consignor” are to differentiate between a shipper-prepared\noverpack and an enclosure or handling device utilized by a carrier to consolidate\ngoods for convenience of the carrier and onward movement. Such consolidations are\nnot considered overpacks as defined by § 171.8. As such, when Amazon acts in a\ncarrier capacity and uses “infinity bags” to consolidate packages as a means of\nconvenience for carriage, such bags are not considered overpacks as defined by\n1 In accordance with 49 CFR § 105.30, Amazon requested the “infinity bag” photographs contained\nwithin the interpretation request be treated as confidential to prevent any trade secret damage relating\nto design and construction of the bag.\n\n<<>>\n\n§ 171.8. However, if offered for transportation to a third-party the overpack\ndefinition and associated requirements would apply.\nI hope this information is helpful. Please contact us if we can be of further\nassistance.\nSincerely,\nSteven Andrews\nActing Chief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<>>\n\nPollack\n23-0055\nFrom:\nTo:\nCc:\nSubject:\nDate:\nINFOCNTR (PHMSA)\nDodd, Alice (PHMSA)\nHazmat Interps\nFW: Amazon Request for Letter of Interpretation\nMonday, June 26, 2023 4:57:45 PM\nHi Alice,\nPlease see the below and attached interpretation request.\nLet us know if there is anything else you need.\nRegards,\n-Breanna\nFrom: Galvarino, Josh \nSent: Tuesday, June 20, 2023 7:32 PM\nTo: INFOCNTR (PHMSA) \nCc: Henisse, Mike ; Patterson, Marianna \nSubject: Amazon Request for Letter of 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.\nHazardous Materials Information Center,\nAttached please find an interpretation request to clarify applicability of overpack requirements for\nbags used to consolidate packages containing lithium ion or lithium metal cells and/or batteries\nmeeting the provisions of 49 CFR § 173.185(c) and ICAO Technical Instructions Section II of Packing\nInstructions 966, 967, 969, 970 that require lithium battery marks on packages.\nIn accordance with 49 CFR § 105.30, I request the example “infinity bag” photographs contained\nwithin the interpretation request be treated as confidential to prevent any trade secret damage\nrelating to design and construction of the bag.\nBest regards,\nJosh Galvarino\nSenior Risk Manager\nWW DG Regulatory Engagement\njgalvar@amazon.com\n1010 Church St.\n\n<<>>\n\nNashville, TN 37203\nVirtual Office – McCalla, AL\n864-616-8065\n\n<<>>\n\nJune 20, 2023\nStandards and Rulemaking Division\nPipeline and Hazardous Materials Safety Administration\n(Attention: PHH–10)\nU.S. Department of Transportation, East Building\n1200 New Jersey Avenue, SE.\nWashington, DC 20590–0001\nLetter of Interpretation Request\nOn behalf of Amazon.com, Inc. please accept this request for a letter of interpretation in accordance with 49 CFR, §\n105.20. We seek to understand applicability of overpack requirements detailed in US hazardous materials\nregulations (HMR) and dangerous goods air shipping regulations (ICAO Technical Instructions) when offering lithium\nion or lithium metal cells and/or batteries meeting the provisions of 49 CFR § 173.185(c) and ICAO Technical\nInstructions Section II of Packing Instructions 966, 967, 969, 970 into transportation that require lithium battery\nmarks on packages.\nBackground\nWithin air transportation, there are reusable bags utilized to consolidate smaller packages and mailers for ease of\nhandling. These non-transparent bags, referred to as “infinity bags”1\n, are loaded with packages at various stages and\nlocations throughout the transportation chain. Packages are subsequently removed from these bags post flight and\nprior to final destination delivery. We would like clarification on how these bags should be treated in terms of the\nregulations.\nQuestions\nDoes the PHMSA and FAA consider an “infinity bag”, as described above, loaded with packages containing lithium\nion or lithium metal cells and/or batteries meeting the provisions of 49 CFR § 173.185(c) and ICAO Technical\nInstructions Section II of Packing Instructions 966, 967, 969, 970 that require lithium battery marks on packages, as\nbeing subject to overpack marking requirements when loaded with packages by:\n1. the shipper (Amazon) then offered into transportation?\n2. an intermediate handling facility operated by the shipper (Amazon), post departure from the original\nshipper’s location (e.g. at an air gateway, sortation center/freight forwarder, or distribution point)?\n3. a carrier or air operator, post departure from the original shipper’s location?\nI ask that you please send me an acknowledgment of our request for a letter of interpretation once it is received and\nlogged for processing. Your consideration in reviewing this request and prompt response are greatly appreciated.\nJosh Galvarino\nSenior Risk Manager\nWW DG Regulatory Engagement\njgalvar@amazon.com\n1010 Church St.\nNashville, TN 37203\nVirtual Office – McCalla, AL\n864-616-8065\n1 See Appendix A for example photographs of Amazon infinity bags.","truncated":false,"body_characters":6941}