{"operation":"document","citation":"25-0132","title":"National Transportation Consultants — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2026-05-18","effective_on":null,"summary":"25-0132 response to National Transportation Consultants concerning 172.102, 173.22, 173.220.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-25-0132.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-25-0132.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-25-0132","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/2026-05/25-0132.pdf","body":"<<<PAGE 1>>>\n\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\nMay 18, 2026\nMr. Kristopher Bowen\nNational Transportation Consultants\n9761 Crosspoint Blvd., Suite 100\nIndianapolis, IN 46256\nReference No. 25-0132\nDear Mr. Bowen:\nThis is in response to your October 1, 2025 letter requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to the transportation of lithium\nbatteries contained in equipment. Specifically, you request clarification on the labeling and\nmarking requirements for an unpackaged riding mower containing a large lithium battery\ntransported on a trailer.\nUnder § 173.22, it is the shipper's responsibility to classify a hazardous material properly, in\naccordance with classification criteria provided in the HMR, prior to offering it for transportation\nto—or within—the United States. This Office does not normally perform this function. However,\nbased on the scenario in your letter, the riding mower may be described under the Hazardous\nMaterials Table (HMT) entry “UN3171, Battery-powered vehicle or Battery-powered\nequipment, 9.” When transported in accordance with the provisions of § 173.220, these vehicles\nare excepted from the marking and labeling requirements of 49 CFR Part 172, Subparts D and E.\nSee §§ 173.220(h)(2) and 172.102, Special Provision 134.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nAlexander Wolcott\nActing Chief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<<PAGE 2>>>\n\nPollack, A.\n25-0132\nFrom: INFOCNTR (PHMSA)\nTo: Baker, Yul (PHMSA)\nCc: Hazmat Interps\nSubject: FW: Letter of Interpretation Request - Official Request for Guidance\nDate: Wednesday, October 1, 2025 14:25:12\nAttachments: image.png\nHi Yul,\nPlease see the below interpretation request.\nLet us know if you need anything.\nThanks,\nJanaye\nFrom: Kristopher J. Bowen <kbowen@ntconsult.com>\nSent: Wednesday, October 1, 2025 7:22 AM\nTo: PHMSA HM InfoCenter <PHMSAHMInfoCenter@dot.gov>\nSubject: Official Request for Guidance\nYou don't often get email from kbowen@ntconsult.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.\nGood morning,\nI received a call from the info center to re-submit this request as an official request for\nguidance. We are requesting a guidance letter to keep on file in the case of future incorrect\nviolations being cited.\nThank you,\nKristopher Bowen\nNational Transportation Consultants\n9761 Crosspoint Blvd., Suite 100\nIndianapolis, IN 46256\n706-533-0464\n\n<<<PAGE 3>>>\n\nFrom: Kristopher J. Bowen\nSent: Monday, August 18, 2025 9:14 AM\nTo: phmsa.hm-infocenter@dot.gov <phmsa.hm-infocenter@dot.gov>\nSubject: Lithium Battery Guidance\nGood morning,\nOur services were recently retained by a manufacturer of lithium ion battery powered lawn\nequipment. They are in the process of building trailers to transport their products to trade\nshows and product demonstrations for the lawncare industry. We have determined that their\nlawncare equipment would be classified as UN3481 Lithium Ion Batteries Contained in\nEquipment. Regulation is pretty straightforward from there and the PHMSA Lithium Battery\nGuide is very helpful so thank you for create such an easy to follow guide. I do have one\nquestion that I do not feel is explained however. In guide 03 of that document, on page 18, is\nthe following note:\nFor lithium batteries contained in equipment: The outer packaging does not need to\nbe UN Specification packaging - in fact, the equipment can be transported unpackaged if\nit provides adequate protection to the battery.\nThat would be the case in this instance. For example, one of the pieces of equipment is a riding\nlawnmower that is powered by, and contains during transportation, a large lithium battery. The\nmower is loaded into the trailer and secured with tiedowns as required, however, there is no\npackaging.\nMy request for interpretation is in the marking and labeling requirements. Since there is no\npackaging, how do the labeling and marking requirements apply? I do not see a way to be in\ncompliance other than marking and labeling each piece of lawn equipment which is not\nfeasible. Your guidance in this matter is greatly appreciated.\n\n<<<PAGE 4>>>\n\nThank you,\nKristopher Bowen\nNational Transportation Consultants\n9761 Crosspoint Blvd., Suite 100\nIndianapolis, IN 46256\n706-533-0464","truncated":false,"body_characters":4616}