{"operation":"document","citation":"24-0085","title":"Schneider Electric — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2024-11-22","effective_on":null,"summary":"24-0085 response to Schneider Electric concerning 172.204, 172.700, 172.701, 172.702, 172.704.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-24-0085.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-24-0085.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-24-0085","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/2024-11/240085.pdf","body":"<<>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nNovember 22, 2024\nMs. Enora Berre\nSupply Chain Operations and Logistics Analyst\nSchneider Electric\n13091 Vanier Place, Unit 100\nRichmond, BC V6V 2J1\nCanada\nReference No. 24-0085\nDear Ms. Berre:\nThis letter is in response to your September 13, 2024, email requesting clarification of the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to a shipper’s\ncertification on a shipping paper. In your email, you state Schneider Electric ships lithium\nbatteries by common carrier to various distribution partners and individual domestic partners\nand—if required—works with customers on the lithium battery return process. You further\nexplain the return process includes providing the customer documents and video packing\ninstructions, verifying proper package preparation electronically via photographs following the\ncompletion of package preparation by the customer, and certifying compliance with the HMR by\na qualified employee by signing the shipper’s certification statement. Specifically, you ask\nwhether Schneider Electric may act as the “shipper’s agent” for its customers by preparing and\nsigning the bill of lading (i.e., the shipping paper) remotely—thereby certifying the shipment is\nprepared in accordance with the HMR.\nThe answer is yes. Under the provisions of § 172.204(d)(1), a shipper’s certification “must be\nlegibly signed by a principal, officer, partner, or employee of the shipper or his agent.” At the\nrequest of your customers or through a contractual agreement, a third party may perform the\nfunctions of an offeror—such as signing the certification statement on a shipping paper to certify\nthat hazardous materials are being offered for transportation in compliance with the HMR. The\nperson signing the shipper’s certification, whether they be third-party or otherwise, must be\nproperly trained in accordance with §§ 172.700 through 172.704. Moreover, the person signing\nthe shipper’s certification is certifying that “the hazardous material is properly classified,\ndescribed, packaged, marked, labeled, and in proper condition for transportation according to the\napplicable regulations of the Department of Transportation” as required by § 172.204(a)(1),\nregardless of whom has performed some of these pre-transportation functions. Any person\n\n<<>>\n\nperforming functions of an offeror is responsible for performing those functions in accordance\nwith the HMR.\nPlease note that because Schneider Electric is acting as an agent of your customers, either\nSchneider Electric or your customers may be held responsible for non-compliance with the\nHMR. The degree of regulatory liability is usually determined on a case-by-case basis and is\ndependent on the facts of the specific situation.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nDirk Der Kinderen\nChief, Standards Development\nStandards and Rulemaking Division\n\n<<>>\n\nRoundtree\n24-0085\nFrom: INFOCNTR (PHMSA)\nTo: Dodd, Alice (PHMSA)\nCc: Hazmat Interps\nSubject: FW: Interpretation Request Shippers Agent - Schneider Electric\nDate: Monday, September 16, 2024 2:25:56 PM\nAttachments: image002.png\nimage003.png\nimage004.png\nimage005.png\nimage006.png\nimage007.png\nimage008.png\nPHMSA clarification request.pdf\nSchneider Boost Repackaging Guide (TME51073).pdf\nEXAMPLE - Linde Gas & Equipment Inc.pdf\nHello Alice,\nPlease see the attached interpretation request. Let us know if you need anything.\nSincerely,\nJanaye\nFrom: Enora Berre \nSent: Friday, September 13, 2024 4:50 PM\nTo: INFOCNTR (PHMSA) \nCc: Jahangir Aryn-Ciyear ; James Beck \nSubject: Interpretation Request Shippers Agent - Schneider Electric\nCAUTION: This email originated from outside of the Department of Transportation (DOT). Do not click on\nlinks or open attachments unless you recognize the sender and know the content is safe.\nDear Sir or Madame,\nIn accordance with 49 CFR § 105.20, I am writing to the United States Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) on behalf of Schneider Electric USA Inc to seek clarification on our interpretation of the\nHazard Materials Transportation Regulations – specifically clause 49 CFR parts 171 through 180, and whether a\nSchneider Electric Employee can act as the “Shippers Agent” for our customers when shipping our batteries back to\nour location.\nSchneider Electric ships lithium batteries that contain hazardous material by common carrier to various distribution\npartners and individual domestic customers across North America. Schneider Electric uses common carriers to\ndeliver the products and, if required, works with customers on the battery return process. Schneider Electric\nemployees performing the “Shippers” function are extensively trained in the Subpart H Hazardous Materials\nregulations; however, in most situations customers are not trained in Subpart H 49 CFR § 172.704 Hazardous\nMaterial Training.\nSchneider Electric’s return service for batteries is detailed below:\nProvide the attached documents and video on how to prepare the package to the customer. (packing\nbattery link – unpacking battery link)\nUpon completion of the package preparation, Schneider Electric, as the shipper, requests pictures to verify\nlabeling, DOT markings, and battery condition ensuring compliance with hazmat material shipping\nrequirements.\nA qualified employee from Schneider Electric signs the BOL Shippers certification statement, verifying\ncompliance with 49 CFR § 172.204.\n\n<<>>\n\nThe PHMSA Regulation we are referencing is below:\n49 CFR § 172.204 Shipper’s Certification\nExcept as provided in paragraphs (b) and (c) of this section, each person who offers a hazardous material for\ntransportation shall certify that the material is offered for transportation in accordance with this subchapter\nby printing (manually or mechanically) on the shipping paper containing the required shipping description the\ncertification contained in paragraph (a)(1) of this section or the certification (declaration) containing the\nlanguage contained in paragraph (a)(2) of this section.\n49 CFR § 172.204 (d) Signature\nThe certifications required by paragraph (a) or (c) of this section: (1) Must be legibly signed by a principal,\nofficer, partner, or employee of the shipper or his agent.\nBased on the Schneider Electric process and PHMSA regulation, my question is:\nCan Schneider Electric act as the “Shipper” agent, prepare the bill of lading, and sign the BOL certifying the\nshipment is marked and labeled correctly despite not being at the site?\nIn addition, please find attached a request for interpretation and subsequent answer issued by the PHMSA to a\ncompany regarding the “Shippers Agent” and movement of hazmat materials.\nThank you,\nEnora Berre\nSupply Chain Operations and Logistics Analyst\nProsumer Group | Innovation Division\nM 1 778 686-3108\nE enora.berre@se.com\nMS Teams enora.berre@se.com\nSchneider Electric\n13091 Vanier Place, Unit 100\nRichmond, BC, V6V 2J1\nCanada\nGeneral\n\n<<>>\n\nDear Sir or Madame,\nIn accordance with 49 CFR § 105.20, I am writing to the United States Pipeline and Hazardous Materials\nSafety Administration (PHMSA) on behalf of Schneider Electric USA Inc to seek clarification on our\ninterpretation of the Hazard Materials Transportation Regulations – specifically clause 49 CFR parts 171\nthrough 180, and whether a Schneider Electric Employee can act as the “Shippers Agent” for our customers\nwhen shipping our batteries back to our location.\nSchneider Electric ships lithium batteries that contain hazardous material by common carrier to various\ndistribution partners and individual domestic customers across North America. Schneider Electric uses\ncommon carriers to deliver the products and, if required, works with customers on the battery return process.\nSchneider Electric employees performing the “Shippers” function are extensively trained in the Subpart H\nHazardous Materials regulations; however, in most situations customers are not trained in Subpart H 49 CFR\n§ 172.704 Hazardous Material Training.\nSchneider Electric’s return service for batteries is detailed below:\n• Provide the attached documents and video on how to prepare the package to the customer.\n• Upon completion of the package preparation, Schneider Electric, as the shipper, requests pictures to\nverify labeling, DOT markings, and battery condition ensuring compliance with hazmat material\nshipping requirements.\n• A qualified employee from Schneider Electric signs the BOL Shippers certification statement, verifying\ncompliance with 49 CFR § 172.204.\nThe PHMSA Regulation we are referencing is below:\n49 CFR § 172.204 Shipper’s Certification\n• Except as provided in paragraphs (b) and (c) of this section, each person who offers a hazardous\nmaterial for transportation shall certify that the material is offered for transportation in accordance with\nthis subchapter by printing (manually or mechanically) on the shipping paper containing the required\nshipping description the certification contained in paragraph (a)(1) of this section or the certification\n(declaration) containing the language contained in paragraph (a)(2) of this section.\n49 CFR § 172.204 (d) Signature\n• The certifications required by paragraph (a) or (c) of this section: (1) Must be legibly signed by a\nprincipal, officer, partner, or employee of the shipper or his agent.\nBased on the Schneider Electric process and PHMSA regulation, my question is:\nCan Schneider Electric act as the “Shipper” agent, prepare the bill of lading, and sign the BOL\ncertifying the shipment is marked and labeled correctly despite not being at the site?\nIn addition, please find attached a request for interpretation and subsequent answer issued by the PHMSA to\na company regarding the “Shippers Agent” and movement of hazmat materials.\nEnora Berre\nSupply Chain Operations & Logistics Analyst\nenora.berre@se.com\n+1 (778) 686-3108\nGeneral\n\n<<>>\n\nBattery, 10 kWh\nBAT10K1\nRepackaging Guide\nhttps://www.se.com/\n\n<<>>\n\nLegal Information\nThe Schneider Electric brand and any trademarks of Schneider Electric SE and its\nsubsidiaries referred to in this guide are the property of Schneider Electric SE or its\nsubsidiaries. All other brands may be trademarks of their respective owners.\nThis guide and its content are protected under applicable copyright laws and furnished for\ninformational use only. No part of this guide may be reproduced or transmitted in any form\nor by any means (electronic, mechanical, photocopying, recording, or otherwise), for any\npurpose, without the prior written permission of Schneider Electric.\nSchneider Electric does not grant any right or license for commercial use of the guide or\nits content, except for a non-exclusive and personal license to consult it on an \"as is\"\nbasis. Schneider Electric products and equipment should be installed, operated, serviced,\nand maintained only by qualified personnel.\nAs standards, specifications, and designs change from time to time, information\ncontained in this guide may be subject to change without notice.\nTo the extent permitted by applicable law, no responsibility or liability is assumed by\nSchneider Electric and its subsidiaries for any errors or omissions in the informational\ncontent of this material or consequences arising out of or resulting from the use of the\ninformation contained herein.\nContact Information\nFor country-specific details, please contact your local Schneider Electric Sales\nRepresentative or visit the Schneider Electric website at: https://www.se.com/\n\n<<>>\n\nSafety Information\nImportant Information\nRead these instructions carefully and look at the equipment to become familiar with the\ndevice before trying to install, uninstall, or operate it. The following special messages may\nappear throughout this documentation or on the equipment to warn of potential hazards or\nto call attention to information that clarifies or simplifies a procedure.\nThe addition of either symbol to a “Danger” or “Warning” safety label\nindicates that an electrical hazard exists which will result in personal injury if\nthe instructions are not followed.\nThis is the safety alert symbol. It is used to alert you to potential personal\ninjury hazards. Obey all safety messages that follow this symbol to avoid\npossible injury or death.\nStored energy hazard and discharge time\n5 mins\nRefer to the Installation or Operation instructions\nDANGER\nDANGER indicates a hazardous situation which, if not avoided, will result in death or serious\ninjury.\nWARNING\nWARNING indicates a hazardous situation which, if not avoided, could result in death or serious\ninjury.\nCAUTION\nCAUTION indicates a hazardous situation which, if not avoided, could result in minor or\nmoderate injury.\nNOTICE\nNOTICE is used to address practices not related to physical injury.\nPlease Note\nElectrical equipment should be installed or uninstalled only by qualified personnel. No\nresponsibility is assumed by Schneider Electric for any consequences arising out of the\nuse of this material.\nA qualified person is one who has skills and knowledge related to the construction,\ninstallation, and operation of electrical equipment and has received safety training to\nrecognize and avoid the hazards involved. For more information, see \"Audience\" on\npage 5.\n\n<<>>\n\nAudience\nQualified personnel have also received specific training from the manufacturer on\ninstalling and operating the Schneider Boost.\nScope\nThis document describes how to repackage the Schneider Boost battery.\nIMPORTANT: This document is in addition to, and incorporates by reference, the\nrelevant product manuals for the Schneider Boost Installation Guide (TME12665).\nUnless specified, information on safety, specifications, installation and operation is as\nshown in the primary product document. Ensure that you are familiar with that\ninformation before proceeding.\nRelated Information\nFor more information about the Schneider Boost or compatible equipment, go to\nhttps://www.se.com/ or Schneider Boost Installation Guide (TME12665).\nProduct Safety Information\nBefore installing, uninstalling, or operating the battery, read all instructions and cautionary\nmarkings on the unit, and all appropriate sections of this guide.\nIMPORTANT: Refer to your warranty for instructions on obtaining service.\nDANGER\nHAZARD OF ELECTRIC SHOCK AND ARC FLASH\nn This equipment must only be installed, uninstalled and serviced by qualified electrical\npersonnel.\nn Use appropriate personal protective equipment (PPE) and follow safe electrical work practices\naccording to NFPA 70E or CSA Z462.\nn Equipment energized from multiple sources including PV, AC, and additional batteries. Before\nremoving covers identify all sources, de-energize, lock-out, and tag-out and wait five minutes\nfor circuits to discharge.\nn To turn the battery(ies) off: On all batteries, press the power button for six seconds, and turn\nthe disconnect switch to the OFF position.\nn Verify de-energization with a voltage sensing device, rated 600 V or higher.\nn Never energize the system or turn the battery disconnect switch(es) to the ON position with the\nwiring or fuse access covers removed.\nFailure to follow these instructions will result in death or serious injury.\n\n<<>>\n\nDANGER\nHAZARD OF ELECTRIC SHOCK, FIRE, EXPLOSION AND ARC FLASH\nn Do not remove the fuse access cover. Access is restricted to personnel authorized by\nSchneider Electric.\nn Prior to servicing the fuses, authorized personnel must verify that all fuse terminals are\nde-energized, using the probe holes on the internal fuse cover.\nn Replace the Schneider Boost fuses only with 60 A, 700 VDC fuses: Mersen MEV70V60-S.\nArc Flash Information for Fuse Servicing:\n18.4 cal/cm²\n5 ft 9 in.\nn Incident Energy at a Working Distance of 18 in.\nn Arc Flash Boundary\nFailure to follow these instructions will result in death or serious injury.\nDANGER\nHAZARD OF ELECTRIC SHOCK, EXPLOSION, ARC FLASH, AND FIRE\nn This equipment must only be disassembled or recycled by qualified personnel.\nn Do not attempt to open, disassemble, repair, tamper with, or modify the battery. The battery\ncells are not replaceable.\nn Do not drop, deform, impact, cut or spear with a sharp object. Damage to this equipment may\ncause electrolyte leakage.\nn Do not dispose of the Schneider Boost in a fire or with general household waste. Always follow\nlocal guidelines for recycling and disposal.\nn Do not immerse the equipment or its components in water or other fluids.\nFailure to follow these instructions will result in death or serious injury.\nWARNING\nHAZARD OF ELECTRIC SHOCK, EXPLOSION, ARC FLASH, AND FIRE\nn If there are any signs of smoke, unusual smell, or excessive heat coming from the Schneider\nBoost, evacuate the area and call local emergency response teams.\nn In case of a flood: If any part of the battery or wiring is submerged, stay out of the water.\nFailure to follow these instructions can result in death, serious injury, or equipment\ndamage.\n\n<<>>\n\nWARNING\nRISK OF EXPLOSION, FIRE, PERSONAL INJURY, OR EQUIPMENT DAMAGE\nn The Schneider Boost weighs approximately 280 lbs (127 kg). A lifting device must be used to\nlift the Schneider Boost. In addition to a lift device, two people are required to position the\nbattery.\nn Always use straps to tie the Schneider Boost to the hand truck.\nn Verify that the handle threads are not crossed, and that the handles are tightened so that they\nwill not turn or come loose during use.\nFailure to follow these instructions can result in death, serious injury, or equipment\ndamage.\nNOTICE\nRISK OF EQUIPMENT DAMAGE\nDuring installation, ensure that you do not scratch the paint on the Schneider Boost battery:\nn Do not move the batteries without proper lifting equipment, as this could result in paint surface\nscratches, which can lead to corrosion.\nn If the protective paper cover is installed at the foot of the battery, do not remove it from the\nbattery until the battery can be placed directly onto the mounting bracket.\nFailure to follow these instructions can result in equipment damage.\n\n<<>>\n\nSchneider Boost Repackaging Guide\nRequired Tools and Materials\nThe following materials and tools are not supplied but are required to complete the\nfollowing procedures.\nGeneral\nn Appropriate PPE (e.g. Safety Gloves, Protective Footwear, etc.)\nn Lock-out/Tag-out (LOTO) Kit\nn Platform lift truck (min. 300 lb [136 kg] load capacity)\nn (2) Straps (ratcheting or tie-down) to secure the battery to the platform lift truck\nn Power Drill and/or Impact Driver\nn Drill Bit: 3/16 × 3 in.\nn Impact Socket: 1/2 in. (metric size 13)\nn Torque Screwdriver (20 in-lb to 50 in-lb capable)\nn Screwdriver or Bit: Phillips #2\nn Torque Wrench, 10 to 25 ft-lb (120 to 300 in-lb)\nn 3 in. extension for torque wrench\nn Screwdriver or bit: Torx T15\nn Small 90 degree #2 Phillips driver (e.g. Klein 65200 Mini Ratchet)\nn Amphenol Universal Unlocking Tool (PN: H4TU0000)\nn Hammer\nn Small crowbar (Cat's Paw)\nn Flathead screwdriver\n8 This document is intended for use by qualified personnel TME51073\n\n<<>>\n\nSchneider Boost Repackaging Guide\nUninstalling the Schneider Boost\nWARNING\nRISK OF EXPLOSION, FIRE, PERSONAL INJURY, OR EQUIPMENT DAMAGE\nn The Schneider Boost weighs approximately 280 lbs (127 kg). A lifting device must be used\nto lift the Schneider Boost. In addition to a lift device, two people are required to position the\nbattery.\nn Always use straps to tie the Schneider Boost to the hand truck.\nn Verify that the handle threads are not crossed, and that the handles are tightened so that\nthey will not turn or come loose during use.\nFailure to follow these instructions can result in death, serious injury, or equipment\ndamage.\nSee the following procedures for uninstalling the Schneider Boost and preparing for\nrepackaging:\nn \"Removing the Wiring\" on the next page\nn \"Unpacking the New Battery\" on page 11\nn \"Unloading the New Battery\" on page 12\nn \"Removing the Old Battery\" on page 13\nTME51073 This document is intended for use by qualified personnel 9\n\n<<>>\n\nSchneider Boost Repackaging Guide\nRemoving the Wiring\nIMPORTANT:\nn Before you begin, de-energize, lock-out, and tag-out all energy sources including PV, AC, and all batteries, and\nwait 5 minutes for circuits to discharge. For more information, see \"Product Safety Information\" on page 5.\nn Do not remove any wires from the inverter, as you will need to use these wires to connect the new battery to the\ninverter.\nTo remove the wiring from the old battery(ies):\n1. Remove the left and right wiring covers.\n2. Remove the ground wire(s).\n3. Remove the communication connectors from the\nRJ45 ports.\n4. Remove the positive and negative power cables\nfrom the right side of the battery(ies).\n5. 6. 7. Open the inverter wiring door. For more information,\nsee the Schneider Inverter Installation Guide\n(TME12664).\nRemove and save the conduit assembly between\nthe inverter and battery.\nIf multiple batteries are stacked front-to-back,\nremove the conduit assemblies from between the\nbatteries.\n1 2\n3 4\nTo Inverter\nMULTI-BATTERY\nIN OUT\n5\n6\n7\nInverter\nBattery\n1\n2\n3\n4\n5\nBattery 2\nBattery 1\nLegend\n1 Bushing\n2\nLock nut\n3\nO-ring\n4\nConduit\n5\nSpacer\n3 4\n1 2 5\n10 This document is intended for use by qualified personnel TME51073\n\n<<>>\n\nSchneider Boost Repackaging Guide\nUnpacking the New Battery\nIMPORTANT: Before installing the Schneider Boost, check it over for any signs of shipping damage, including\ndamaged or missing labels (see \"Repackaging the Old Battery\" on page 14). If any damage is found, contact\nTechnical Support.\nTo unpack the new battery:\n1. Using a cat's paw crowbar or flathead screwdriver,\nand being careful not to break any of the metal tabs,\nopen the top cover of the new battery crate.\n2. Before removing the new battery from the crate,\ntake pictures of the battery and packaging materials\nwhile it is lying in the crate. You will need to refer to\nthese pictures when repackaging the old battery. If\nyou plan on returning the old mounting bracket,\ninclude a picture of the new mounting bracket in the\ncrate for reference later.\n1 2\n3. 4. 5. 6. Remove and save all packaging materials.\nRemove the new mounting bracket from the\npackage and set it aside.\nUsing a cat's paw crowbar or flathead screwdriver,\nopen the rest of the metal tabs, removing and saving\nall of the crate walls.\nScrew in the four handles (provided).\n3\n4\n5 6\nTME51073 This document is intended for use by qualified personnel 11\n\n<<>>\n\nSchneider Boost Repackaging Guide\nUnloading the New Battery\nTo unload the new battery:\n1. Remove the covers over the left and right wiring\ncompartments.\n2. 3. Position the platform lift truck near the foot of the\ncrate.\nWith a minimum of two people, use the handles to\ntilt the battery to an upright position.\n4. 5. 1 2 3\nPosition the battery onto the lift truck.\nMove the battery out of the way (for later\ninstallation).\nMinimum 2 people\nrequired\n9\n4 5\nNote: Put the battery down on a soft, even surface to prevent damaging the battery. Examples of surfaces that may\ndamage the battery include concrete and gravel.\n12 This document is intended for use by qualified personnel TME51073\n\n<<>>\n\nSchneider Boost Repackaging Guide\nRemoving the Old Battery\nTo remove the old battery:\n1. Align the lift truck with the old battery.\n2. 3. 4. 5. 6. 7. Install the four lift handles.\nUnscrew the two M8 x 16 mm hex head flanged\nbolts located near the top of the mounting bracket.\nUnscrew the two footrest locator brackets.\nWith a minimum of two people, use the handles to\nposition the battery onto the lift truck.\nUse straps to tie the battery to the lift truck.\nMove the battery close to the foot of the crate and\nthen remove the straps.\n8. 9. 10. 11. 2\n1 3\nWith a minimum of two people, position the battery\nonto the crate.\nLay the battery down in the crate, with the front of\nthe battery facing down.\nIf you have a floor-mounted battery, remove the two\nfootrest mounting brackets. Follow local guidelines\nfor recycling the parts.\nOptional: Remove the old wall mounting bracket.\nFollow local guidelines for recycling the mounting\nbracket or return the bracket with the old battery.\n4\n5\n6 7\n8\n9\n11\n10\nTME51073 This document is intended for use by qualified personnel 13\n\n<<>>\n\nSchneider Boost Repackaging Guide\nRepackaging the Old Battery\nTo repackage the old battery:\n1. Reinstall the covers over the left and right wiring\ncompartments.\n2. Remove the four handles.\n3. Reinstall and carefully clamp the sides of the crate.\nDo not install the top cover yet.\n4. Add all of the packaging materials, using the\npictures from step 2 on page 11 for reference.\n5. 6. 7. If you are returning the old wall mounting bracket,\nplace it on top of the battery, using the pictures from\nstep 2 on page 11 for reference.\nAdd and clamp the top cover.\nCheck that the lithium battery sticker is on the\noutside of the crate, and that the text on the crate\nwhich reads, \"UN3480 Lithium Ion Batteries,\" is\nlegible (see the IMPORTANT box below).\n1 2 3\n4\n5 6\nIMPORTANT: The lithium battery sticker and the text \"UN3480 Lithium Ion Batteries\" must be on the crate. Both the\nsticker and text must be legible and undamaged in order to return the battery. If you are missing the sticker, or if the\nsticker is damaged, contact Schneider Electric customer service to get a replacement sticker:\nn Toll Free: 1 (877) 734-6631 n Phone: 1 513-605-8000\nBAT10K1\nx1\nBAT10K1\nx1\nBoost 10 kWh Designed in Canada\nMade in PRC\nBoost 10 kWh Designed in Canada\nMade in PRC\nBAT10K1\nBAT10K1\nBOOST 10 kWh\n10 kWh Energy Storage Wall / Floor Mount\nBOOST 10 kWh\n10 kWh Energy Storage Wall / Floor Mount\nSerial Number: Date Code:\nSerial Number: Date Code:\nUN3480 Lithium Ion Batteries\nUN3480 Lithium Ion Batteries\n14 This document is intended for use by qualified personnel TME51073\n\n<<>>\n\nSchneider Boost Repackaging Guide\nRecycling and Disposal\nDANGER\nHAZARD OF ELECTRIC SHOCK, EXPLOSION, ARC FLASH, AND FIRE\nn This equipment must only be disassembled or recycled by qualified personnel.\nn Do not attempt to open, disassemble, repair, tamper with, or modify the battery. The battery\ncells are not replaceable.\nn Do not drop, deform, impact, cut or spear with a sharp object. Damage to this equipment\nmay cause electrolyte leakage.\nn Do not dispose of the Schneider Boost in a fire or with general household waste. Always\nfollow local guidelines for recycling and disposal.\nn Do not immerse the equipment or its components in water or other fluids.\nFailure to follow these instructions will result in death or serious injury.\nElectric appliances marked with the symbol shown must be\nprofessionally treated to recover, reuse, and recycle materials in\norder to reduce negative environmental impact. When the product is\nno longer usable, the consumer is legally obligated to ensure that it\nis collected separately under the local electronics recycling and\ntreatment scheme.\nTME51073 This document is intended for use by qualified personnel 15\n\n<<>>\n\nSchneider Electric\n201 Washington St, Suite 2700, One Boston Place\nBoston, Massachusetts 02108\nUnited States\nhttps://www.se.com/\nAs standards, specifications, and designs change from time to time,\nplease ask for confirmation of the information given in this\npublication.\nFor other country details please contact your local Schneider\nElectric Sales Representative or visit the Schneider Electric website\nat: https://www.se.com/\n© 2024 Schneider Electric. All Rights Reserved.\nTME51073 Printed in:\n\n<<>>\n\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\nDecember 22, 2022\nMr. Mike Stephens\nLinde Gas & Equipment Inc.\n217 Loren St.\nWashington, IL 61571\nReference No. 22-0037\nDear Mr. Stephens:\nThis letter is in response to your April 15, 2022, email and subsequent telephone conversation\nwith a member of my staff requesting clarification of the Hazardous Materials Regulations\n(HMR; 49 CFR Parts 171-180) applicable to two scenarios pertaining to a shipper’s certification\non a shipping paper. In both scenarios, you state that you have domestic customers to whom you\nship cylinders containing hazardous materials via a common carrier. In most cases, you state\nthat your customers are not trained in accordance with the training requirements specified in\n§ 172.704. In such instances, the common carrier delivers the filled cylinders to your customers,\nand you work with your customers on the cylinder return process. You state that you offer this\nservice when your customers are unable to perform shipper functions in accordance with the\nHMR. Finally, you include an example of a document that specifies instructions on package\npreparation that you provide to your untrained customers, and you describe two scenarios as\nfollows:\nScenario #1:\nYou state that your company prepares a bill of lading in accordance with the HMR from a\nremote location, after you have confirmed through photographic evidence—provided by\nyour customer—that the return package has been prepared in accordance with the HMR.\nAn employee of your company certifies that the material offered for transportation\ncomplies with the HMR by signing the “shipper’s certification” on the bill of lading as\nspecified by § 172.204(d)(1). Your company subsequently provides the bill of lading to\nthe carrier, or to your customer for forwarding to the carrier. Based on this scenario, you\nask whether your company can—acting as the “shipper’s agent”—prepare and sign the\nbill of lading and certify that the shipment complies with the HMR although your\ncompany is not physically located at the site of the return shipment.\n\n<<>>\n\nScenario #2:\nYou state that your company acts as the carrier. When your driver arrives at your\ncustomer’s location, the driver confirms that the shipment meets all the requirements of\nthe HMR. The driver then creates a bill of lading and signs the “shipper’s certification”\non the bill of lading before loading and transporting the return cylinders. Based on this\nscenario, you ask whether your company can—acting as the “shipper’s agent”\n—prepare\nand sign the bill of lading and certify that the shipment is in compliance with the HMR.\nUnder both scenarios, the answer to your question is yes. Under the provisions of\n§ 172.204(d)(1), a shipper's certification “must be legibly signed by a principal, officer, partner,\nor employee of the shipper or his agent.” At the direction of your customers or through\ncontractual arrangement, a third party may perform the functions of an offeror—such as signing\nthe certification statement on a shipping paper to certify that hazardous materials are being\noffered for transportation in compliance with the HMR. The person signing the shipper’s\ncertification, whether they be third-party or otherwise, must be properly trained in accordance\nwith §§ 172.700 through 172.704 of the HMR. In addition, the person signing the shipper’s\ncertification is certifying that the consignment is properly classified, described, packaged,\nmarked, labeled, and in proper condition for transportation according to the applicable\nregulations of the Department of Transportation regardless of whom has performed these pre-\ntransportation functions. Any person performing functions of an offeror is responsible for\nperforming those functions in accordance with the HMR.\nPlease note that in both scenarios, because your company is acting as an agent of your customer,\neither your company or your customer may be held responsible for non-compliance with the\nHMR. The degree of regulatory liability is usually determined on a case-by-case basis and is\ndependent on the facts of the specific situation.\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\nWolcott\nFrom: INFOCNTR (PHMSA)\nTo: Dodd, Alice (PHMSA)\nCc: Hazmat Interps\nSubject: FW: Interpretation request Shippers Agent Linde Gas and Equipment\nDate: Monday, May 2, 2022 2:58:43 PM\nAttachments: 172.204 Shippers Certification Shippers Agent.docx\nAir Gas Shipper Certification interpretation 040021.pdf\nCustomer Cylinder return Procedure.docx\n22-0037\nHello Alice,\nPlease see the below and attached interpretation request.\nShould you have any questions, do not hesitate to reach out.\nRegards,\n-Breanna\nFrom: LG US DISTRIBUTION COMPLIANCE \nSent: Friday, April 15, 2022 12:01 PM\nTo: INFOCNTR (PHMSA) \nCc: Mike R Stephens \nSubject: Interpretation request Shippers Agent Linde Gas and Equipment\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.\nStandards and Rulemaking Division,\nPipeline and Hazardous Materials Safety Administration, Attn: PHH-10,\nU.S. Department of Transportation,\nEast Building,\n1200 New Jersey Avenue, SE.,\nWashington, DC 20590-0001.\nRe: Request for Interpretation\nDear Sir or Madame:\nIn accordance with 49 CFR § 105.20, this letter is being submitted to PHMSA to\nrequest an interpretation of the Hazard Materials Transportation Regulations.\nLinde Gas and Equipment Inc (LGE) requests PHMSA to provide an interpretation on\n\n<<>>\n\nwhether a Linde Gas and Equipment Employee acting as the “Shippers Agent” for our\ncustomers when shipping our cylinders back to our location.\nWe have many domestic customers that we ship cylinders that contains hazardous\nmaterial by common carrier. We use common carriers to deliver the products and\nthen work with the customers on the cylinder return process. In most situations,\ncustomers are not trained in Subpart H 49 CFR § 172.704 Hazardous Material\nTraining where LGE employees performing the “Shippers” function are extensively\ntrained in the Subpart H Hazardous Materials regulations\nWhen these customers do not have the size or capability to perform shipping\nfunctions for Hazmat, we have offered the cylinder return service. The attached Word\ndocument specifies the instructions to the customer on the package preparation and\ndetails. We require photographic evidence that the package is in a shippable\ncondition. If we confirm this, we prepare the BOL in accordance with the regulations.\nWe, Linde Gas and Equipment INC, take the position as the shipper, ask for pictures\nthat verify the labeling, DOT markings and Cylinder condition so we can CERTIFY\nthat the cylinder shipment meets the Shippers Certification.\nAfter the Bill of Lading is completed, an employee of Linde Gas and Equipment (LGE)\nwill sign the BOL Shippers certification statement verifying that the cylinder shipment\nmeets the certification statement as written in 49 CFR § 172.204.\n49 CFR § 172.204 Shipper’s certification\n(a) General. Except as provided in paragraphs (b) and (c) of this section, each\nperson who offers a hazardous material for transportation shall certify that the\nmaterial is offered for transportation in accordance with this subchapter by\nprinting (manually or mechanically) on the shipping paper containing the\nrequired shipping description the certification contained in paragraph (a)(1) of\nthis section or the certification (declaration) containing the language contained\nin paragraph (a)(2) of this section.\n49 CFR § 172.204 (d) Signature.\nThe certifications required by paragraph (a) or (c) of this section: [172.204(d)]\n(1) Must be legibly signed by a principal, officer, partner, or employee of the\nshipper or his agent.\nWe have attached a relevant similar Interpretation issued to another company along\nthe same request as “Shippers Agent” interpretation.\nFollowing the process above, the question is,\nCan LGE act as the “Shipper” agent, prepare the bill of lading, sign the BOL certifying\nthe shipment is marked and labeled correctly even though we are not at the site?\n\n<<>>\n\nIf PHMSA has any questions related to this document, please contact:\nMike Stephens\nLinde Gas & Equipment Inc\n217 Loren St\nWashington, Il 61571\nPhone 314-568-6764\ne-mail: LG.US.Distribution.Compliance@Linde.com\nThe information contained in this email and any attachments may be confidential and is provided\nsolely for the use of the intended recipient(s). If you are not the intended recipient, you are hereby\nnotified that any disclosure, distribution, or use of this e-mail, its attachments or any information\ncontained therein is unauthorized and prohibited. If you have received this in error, please contact\nthe sender immediately and delete this e-mail and any attachments. No responsibility is accepted for\nany virus or defect that might arise from opening this e-mail or attachments, whether or not it has\nbeen checked by anti-virus software.\nPlease find the data protection notices of EU based Linde Group companies on this website:\ndataprotection.linde.com\n\n<<>>\n\nReverse Logistics\nAs special needs arise to help our customers return empty cylinders to the fill or stocking\nlocation we may be called on to create the necessary paperwork and the handling of setting\nup the proper common carrier to transport cylinder gas products back to the stocking/filling\nlocation.\nThe following guidelines should allow for a proper documentation and smooth transition.\n1) Request pictures from the customer of the cylinders to be returned.\nA) Verify proper labels attached. These should include the shoulder labels that show\nthey are PDI cylinders along with proper DOT labels.\nB) Verify the DOT shipping description is visible and legible for each cylinder.\nC) Verify that the serial number of the cylinder is legible.\n2) Verify the cylinders shall be secured to a pallet with all DOT labels visible and legible.\nOnce securement is verified complete the next step.\nNOTE: If Product labels including all DOT information is not visible this shipment will be\nconsidered an overpack and additional marking and labeling will be required.\n3) Create a generic Straight BOL for the shipper to utilize. It should have all the required\ninformation filled in including the serial numbers of the cylinders in the shipment, then\nsign the BOL at the shippers certification.\n4) The shipper will be the customer where the cylinders are being picked up from.\n5) We can provide FREIGHT PREPAID services for the customer. This means that the\ncustomer is responsible for the charges.\n6) Contact the Carrier the customer specifies and schedule the pickup from the customer\nlocation.\nNOTE: Verify they can transport hazardous materials\n7) If we provide a FREIGHT COLLECT shipment a handling fee will be charged for\ngenerating the paperwork and paying the freight bill upon receipt. Prior agreement\nwith customer should indicate that we are allowed to bill the freight charges back.\n8) The cylinders should be shipped by the best method using the Connectship tool.\nIf any questions arise, please see your supervisor for clairification.\n\n<<>>\n\nof Transportation\nU.S. Department\nWashington, D.C. 20590\n400 Seventh St., S.W.\nResearch and\nSpecial Programs\nAPR 19 2004\nAdministration\nMr. Richard J. Lloyd\nRef. No.:04-0021\n7201 Hamilton Boulevard\nAir Products and Chemicals, Inc.\nAllentown, PA 18195-1501\nDear Mr. Lloyd:\nregarding the shippers's certification prescribed in 49 CFR 172.204 of the Hazardous Materials\nThis responds to your letter of February 11, 2004, and your follow-up letter of March 30, 2004,\nRegulations (HMR; 49 CFR Parts 171-180). Specifically, you asked whether, on your company's\nbehalf, a third-party carrier could perform the shipper's certification function on the shipping\npaper for the pick-up and transportation of hazardous materials cont","truncated":true,"body_characters":46443}