{"operation":"document","citation":"25-0002","title":"Director of Quality — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2025-05-09","effective_on":null,"summary":"25-0002 response to Director of Quality concerning 172.101, 173.185, 173.22, 173.220, 173.230, 176.906.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-25-0002.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-25-0002.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-25-0002","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/2025-05/250002.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nMay 9, 2025\nJared Hurst\nDirector of Quality\nLiveView Technologies\n802 E. 1050 S.\nAmerican Fork, UT 84003\nReference No. 25-0002\nDear Mr. Hurst:\nThis letter is in response to your January 10, 2025 email requesting clarification of the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the shipment of\nequipment using solar, battery, and fuel cell technology. In your email, you state that your\ncompany manufactures mobile monitoring units that use hazardous materials; specifically, Class\n9 lithium ion batteries and Class 3 methanol fuel cell cartridges. You note that these units utilize\nboth solar panels and a fuel cell generator to charge the lithium ion batteries that provide power\nto operate the system. Based on § 172.101 hazardous materials table entry “UN3528, Engine,\ninternal combustion, flammable liquid powered or Engine, fuel cell, flammable liquid powered\nor Machinery, internal combustion, flammable liquid powered or Machinery, fuel cell,\nflammable liquid powered, 3” and the associated packaging and transportation requirements\nfound in § 173.220, you believe an accurate classification and description of your equipment is\n“UN3528, Machinery, fuel cell, flammable liquid powered, 3.”\nYou further explain that these mobile monitoring units contain three lithium ion batteries, each\nweighing 50 lbs. (22.7 kg), which are securely installed upright in a battery holder and protected\nagainst damage and short circuit and have a 100 percent state of charge (SOC) when transported.\nMoreover, you explain that these mobile monitoring units also contain four fuel cell cartridges\neach filled with 7.4 gallons (28 liters) of methanol, which serves as the fuel source for the\ngenerator to charge the lithium ion batteries when solar charging is not available. The fuel cells\nare securely housed within the units, compliant with Occupational Safety and Health\nAdministration (OSHA) standards and designed to prevent damage and spills. You seek\nconfirmation that “UN3528” and the associated packaging requirements are appropriate, that it is\nacceptable to transport these units as described as cargo on a motor vehicle or vessel, and that\n\n<<<PAGE 2>>>\n\nthese units are excepted from HMR requirements regarding shipping papers, emergency response\ninformation, placarding, hazmat training, and record retention.\nIn accordance with § 173.22 of the HMR, it is the shipper’s responsibility to properly classify and\ndescribe a hazardous material. However, based on the information provided, it is the opinion of\nthis Office that your mobile monitoring units are appropriately classified and described using\n“UN3528, Machinery, fuel cell, flammable liquid powered, 3.” Additionally, as required in\n§ 173.220(d), lithium batteries contained in vehicles, engines, or mechanical equipment must be\nsecurely fastened in the battery holder and protected to prevent damage and short circuits and\neach lithium battery must be of a type that has successfully passed each test in the UN Manual of\nTests and Criteria as specified in § 173.185. Furthermore, lithium batteries with a SOC of 100\npercent are permitted for highway and vessel transport. For fuel cells within the equipment, they\nmust be secured and protected to avoid damage to the fuel cell. Equipment (other than vehicles,\nengines, or mechanical equipment) such as consumer electronic devices containing fuel cells\n(e.g., fuel cell cartridges) should be described as “Fuel cell cartridges contained in equipment”\nand transported in accordance with the requirements found in § 173.230. Finally, shipments made\nunder the provisions of § 173.220(h) are not subject to any other requirements (i.e., shipping\npaper, emergency response information, placarding, training, or record retention) when\ntransported by motor vehicle or rail car. Note, for transportation by vessel, these units would still\nbe subject to labeling and shipping paper requirements (please see § 176.906).\nSincerely,\nDirk Der Kinderen\nChief, Standards Development Branch\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\nBaker\n25-0002\nFrom: INFOCNTR (PHMSA)\nTo: Dodd, Alice (PHMSA)\nCc: Hazmat Interps\nSubject: FW: Interpretation Request\nDate: Monday, January 13, 2025 2:09:16 PM\nHello Alice,\nPlease see the below interpretation request. Let us know if you need anything.\nSincerely,\nJanaye\nFrom: Jared Hurst <jared.hurst@lvt.com>\nSent: Friday, January 10, 2025 4:30 PM\nTo: INFOCNTR (PHMSA) <INFOCNTR.INFOCNTR@dot.gov>\nSubject: Interpretation Request\nYou don't often get email from jared.hurst@lvt.com. Learn why this is important\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.\nDepartment of Transportation,\nPipeline and Hazardous Materials Safety Administration\nI'm writing to obtain clarification on shipment of machinery.\nLocation: Utah\nCountry: US\nMailing Address:\n802 E. 1050 S.\nAmerican Fork, UT 84003\nRequesting validation regarding U.S.-Canada Regulations for shipping machinery:\n1. LiveView Technologies (lvt.com) is a company that makes Mobile Monitoring Units that\nutilize Class 3 fuel (Methanol) and Class 9 batteries (Lithium) with solar power and\ngenerator to operate a video surveillance system for customers that want to monitor their\nproperty. Based on the regulations UN3528 and HMR 49 CFR 173.220 reference ID 11-\n0060, the HMR consultant at DOT verbally confirmed to us that LVT’s product is considered\nmachinery containing a generator. Is this correct?\n2. Transported as cargo on a transport vehicle or vessel:\na. The unit contains 3 batteries (50 pounds / 22.7 kg) each.\n- Batteries are securely installed in an upright position in the battery holder\nand protected to prevent damage and short circuit.\nBatteries are transported in the machinery at a 100 percent charge. Is this acceptable?\nb. The unit contains 4 fuel cell cartridges of methanol (7.4 gallons / 28 liters) each.\n- The methanol is the fuel source for the generator.\n\n<<<PAGE 4>>>\n\n- Fuel cell is securely contained in the equipment, meets the OHSA\nrequirements and protected to prevent any damage and securely closed to\nprevent spills.\nIt is concluded that the following is not applicable:\na. Shipping papers\nb. Emergency response information\nc. Placarding\nd. Formal training or retention of training records\nIs this correct?\nRegards,\n--\nJARED HURST, Director of Quality\nPhn: 801.221.9408\nEml: jared.hurst@lvt.com\nWeb: www.LVT.com","truncated":false,"body_characters":6653}