{"operation":"document","citation":"26-0051","title":"Fibrebond — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2026-07-08","effective_on":null,"summary":"26-0051 response to Fibrebond concerning 172.102, 172.332, 173.185, 173.22.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-26-0051.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-26-0051.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-26-0051","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/2026-07/26-0051.pdf","body":"<<>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\nJuly 8, 2026\nChet Carpenter\nDirector of Technical Sales\nFiberbond\n1300 Davenport Drive\nMinden, LA 71055\nReference No. 26-0051\nDear Mr. Carpenter:\nThis letter is in response to your April 24, 2026 letter regarding the Hazardous Materials\nRegulations (HMR; 49 CFR Parts 171-180) and the shipment of lithium batteries. In your letter\nyou reference a previous Letter of Interpretation (LOI).\n1 Specifically, you ask for\nconfirmation regarding the appropriate classification of your shipment of lithium-ion batteries\nhoused in shippable buildings.\nCan PHMSA confirm your ability to ship a set of lithium-ion batteries tested to UN3480, and\npacked within custom-manufactured engineered racks in a shippable building or container per\nthe requirements in UN3536, including Special Provision 389?\nNo. As stated in § 173.22, it is strictly the responsibility of the shipper to properly classify, test,\nand package hazardous materials. Because PHMSA does not evaluate or certify specific designs\nor operations, we cannot definitively confirm whether you have packaged your shipment\ncorrectly. However, your shipment may be classified as “UN3536, Lithium batteries installed in\na cargo transport unit,” provided it meets all the conditions outlined in Special Provision 389.\nTo utilize this classification and provision, your shippable building and the internal batteries\nmust meet the following criteria:\n• The lithium batteries must be designed only to provide power external to the cargo\ntransport unit.\n• The batteries must meet the requirements of § 173.185(a) and contain the necessary\nsystems to prevent overcharge and over-discharge between the batteries.\n1200 New Jersey Avenue, SE\nWashington, DC 20590\n1 Fujitrans USA Inc., Letter of Interpretation Reference Number 22-0086, available at:\nhttps://www.phmsa.dot.gov/regulations/title49/interp/22-0086\n\n<<>>\n\n• The batteries must be securely attached to the interior structure of the unit (e.g., your\ncustom-manufactured racks) to prevent short circuits, accidental operation, and\nsignificant movement during transport.\n• The unit must not contain any hazardous materials other than those necessary for the safe\nand proper operation of the cargo transport unit itself (such as fire extinguishing systems\nor air conditioning systems).\n• The cargo transport unit must display the UN number in accordance with § 172.332 and\nbe placarded on two opposing sides.\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<<>>\n\n26-0051\nCajar\nFrom:\nTo:\nCc:\nSubject:\nDate:\nINFOCNTR (PHMSA)\nBaker. Yul (PHMSA)\nHazmat Interps\nFW: Letter of Interpretation Request\nTuesday, August 26, 2025 10:09:52 AM\nHi Yul,\nPlease see the attached interpretation request.\nLet us know if you need anything.\nJanaye\nFrom: Carpenter, Chet \nSent: Monday, August 25, 2025 5:19 PM\nTo: INFOCNTR (PHMSA) \nSubject: Letter of Interpretation Request\nIYou don't often get email from chetca,:penter@eaton com. Learn why this is impmtaot\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.\nHello PHMSA,\nI'm writing to make a formal letter of interpretation request. My letter is attached as well as a\nreference document. Please let me know if there is any further information you may need to process\nthis request at your earliest convenience.\nThank you for your time,\nuPLEASE NOTE MY E-MAIL ADDRESS HAS CHANGEDu\nCHET CARPENTER\nDIRECTOR OF TECHNICAL SALES\nNow a part of Eaton\nF F I s R E s o N o·\n1300 Davenport Drive\nMinden, LA 71055\n-ton.com\nwww.fihrehond.com\n\n<<>>\n\nAugust 25, 2025\nU.S. Department of Transportation\nU.S. DOT/PHMSA (PHH-10)\nEast Building\n1200 New Jersey Ave., SE\nWashington, DC 20590\nINFOCNTR.INFOCNTR@dot.gov\nRE: Letter of Interpretation Request\nDear Sir/Madam:\nFibrebond is a modular building manufacturer performing work in the industrial and data center\nindustries. Our manufactured, industrial equipment buildings are transported via specialized hauling\nequipment by a select few motor vehicle carriers. Recently it was requested that we include in our\nbuildings during shipment full racks of lithium-ion batteries containing multiple cells within custom-\nmanufactured battery racks. These racks are engineered by the battery makers for the specific purpose\nof safely housing batteries during transport, storage, and use.\nI am requesting confirmation on our ability to ship a set of lithium-ion batteries tested to UN3480, then\nin turn packed (in engineered racks) in a shippable building/container per requirements in UN3536\nincluding special provision 389.\nI am using Interpretation Letter 22-0086 (attached) as a basis.\nPlease advise at your earliest convenience.\nSincerely,\nChet Carpenter______\nChet Carpenter\nDirector of Technical Sales\nFibrebond Corporation, now a part of Eaton\n\n<<>>\n\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\nNovember 7, 2022\nMs. Laura Warren\nVice President\nFujitrans USA Inc.\n1231 E 230th Street\nCarson, CA 90745\nReference No. 22-0086\nDear Ms. Warren:\nThis letter is in response to your August 22, 2022, email and subsequent conversations with a\nmember of my staff requesting clarification of the Hazardous Materials Regulations (HMR; 49\nCFR Parts 171-180) applicable to requirements for transporting lithium ion batteries and nickel-\nmetal hydride batteries by highway. Specifically, you describe a scenario in which your\ncompany facilitates the highway movement of 1) “UN3480, Lithium ion batteries, 9” with a\nwatt-hour (Wh) rating greater than 300 Wh, and 2) “UN3496, Batteries, nickel-metal hydride, 9.”\nYou ask several questions regarding the training, hazard communication, and emergency\nresponse information (ERI) requirements for highway transportation of these hazardous\nmaterials.\nRegarding nickel-metal hydride batteries, a nickel-metal hydride battery transported by highway\nis not subject to any of the requirements of the HMR, except for incident reporting and basic\npackaging requirements to protect the batteries from damage and short-circuit during movement.\nNickel-metal hydride batteries transported by highway are not subject to the HMR’s hazard\ncommunication or training requirements. See § 172.102(c)(1) Special Provision 130 for further\ndetails on the requirements applicable to nickel-metal hydride batteries transported by highway.\nWe have paraphrased and answered your questions as applicable to the transportation of large\nlithium ion batteries greater than 300 Wh as follows:\nQ1. You ask whether drivers are required to have a hazardous material (hazmat) endorsement\non their commercial driver’s license (CDL) in order to transport the described lithium ion\nbatteries by highway.\nA1. The answer is no, a driver is not required to have a hazmat endorsement on their CDL to\ntransport lithium ion batteries by highway in the United States. Section 172.504(f)(9)\n\n<<>>\n\nstates that a Class 9 placard is not required for domestic transportation. Therefore, the\nFederal Motor Carrier Safety Regulations would not require a driver to have a hazmat\nendorsement on their CDL. However, please be aware that in accordance with §\n177.800(c), each driver who is a hazmat employee is subject to the training requirements\nin Subpart H of Part 172 and the driver training requirements in § 177.816, regardless of\nwhether a hazmat endorsement is required on their CDL.\nQ2. You ask whether dock workers involved in the transloading of a shipping container\ncontaining these lithium ion batteries from a vessel to a motor vehicle are required to be\n“hazmat certified.”\nA2. Based on the understanding that “hazmat certified” means a hazmat employer has\ncertified that a hazmat employee has been trained and tested in accordance with Part 172,\nSubpart H, then the answer is yes—depending on the function(s) performed by the\nemployee relating to the safe transportation of the lithium ion batteries. The HMR’s\ntraining requirements (see Part 172, Subpart H) apply to all employees directly affecting\nhazardous materials transportation safety. This includes persons who load, unload, or\nhandle hazardous materials; prepare hazardous materials for transportation; or who\ntransport hazardous materials subject to the HMR (see generally, §§ 171.1, 172.702(b)).\nQ3. You ask whether the bill of lading (i.e., the shipping paper) presented to the motor\nvehicle carrier must comply with the requirements of the HMR.\nA3. The answer is yes. The bill of lading for the described lithium ion batteries is subject to\nthe hazardous materials shipping paper requirements of Part 172, Subpart C.\nQ4. You ask whether a safety data sheet (SDS) is required to be provided to the driver of the\nmotor vehicle.\nA4. A shipment of the described lithium ion batteries is subject to the ERI requirements in\naccordance with Part 172, Subpart G. An SDS could be used to meet the ERI\nrequirement (see § 172.602(b)(3)); however, it is not the only way to meet the content\nand accessibility requirements for ERI.\nQ5. You ask whether the consignee of the shipment is required to have “hazmat certified”\nemployees unload the shipping container after delivery.\nA5. The answer is dependent on the details of the delivery procedure at the consignee’s\nfacility. If consignee employees unload the lithium ion batteries from the shipping\ncontainer while the motor carrier is still present, then this meets the definition of\n“unloading incidental to movement” and therefore, the consignee employees must be\ntrained in accordance with Part 172, Subpart H requirements. However, if the unloading\noccurs after the carrier has departed (i.e., no longer with or in presence of carrier\npersonnel), then transportation has ended with respect to the shipment and the consignee\nemployees are not subject to the HMR. See § 171.1(c)(3) for further details.\n\n<<>>\n\nQ6. You ask whether hazardous material storage protocols are required to be followed at the\nconsignee’s facility.\nA6. This question is beyond the scope of the HMR. Requirements for the storage of lithium\nion batteries may be found in state and local fire codes and regulations issued by the\nDepartment of Labor Occupational Safety and Health Administration.\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<<>>\n\nPatrick\nFrom: INFOCNTR (PHMSA)\nTo: Subject: Date: Dodd, Alice (PHMSA); Hazmat Interps\nFW: Los Angeles transloading Lithium batteries\nMonday, August 22, 2022 2:34:48 PM\nAttachments: image001.png\n22-0086\nDear Alice and team,\nPlease see the interp request below. I apologize for the messy format of the email, as there was a\ndelay in the inquirer sending their address. Please let me know if anything else is needed.\nBest,\nRachel (HMIC)\nFrom: laura@fujitransusa.com \nSent: Monday, August 22, 2022 2:03 PM\nTo: INFOCNTR (PHMSA) \nSubject: RE: Los Angeles transloading Lithium 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.\nHello Rachel,\nThank you for your prompt reply. Please note answers below:\nLaura Warren, VP\nFujitrans USA Inc.\n1231 E 230th Street\nCarson, CA 90745\n(310) 600-1569\nFrom: INFOCNTR (PHMSA) \nSent: Monday, August 22, 2022 10:34 AM\nTo: laura@fujitransusa.com\nSubject: RE: Los Angeles transloading Lithium batteries\nDear Laura,\nWe have received your request for a written letter of interpretation regarding the hazardous\nmaterials regulations (49 CFR Parts 171-180). The hazardous materials regulations are available at\nthe following URL:\n\n<<>>\n\nhttps://www.phmsa.dot.gov/phmsa-regulations\nHowever, before we can submit your request for processing, please respond to this email with:\nFull Name\nPhysical Mailing Address\nTelephone Number\nSincerely,\nRachel, Hazardous Materials Specialist\nAn e-mail response from this office is considered informal guidance. Formal guidance may be\nrequested in accordance with 49 CFR 105.20. https://www.phmsa.dot.gov/standards-\nrulemaking/hazmat/hazardous-materials-information-center\nFrom: laura@fujitransusa.com \nSent: Monday, August 22, 2022 8:17 AM\nTo: INFOCNTR (PHMSA) \nSubject: Los Angeles transloading Lithium 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.\nHello Phsma,\nPlease see below and attached. Fujitrans is a logistics company in the Los Angeles\nArea. We are currently offering our services to an importer and some of the shipments\nThey are import are lithium batteries UN3980 and UN3496. They are imported on the\nWater and follow the requirements from the IMDG which requires IMO’s and placards\nTo be issued and used for all handling for ocean transport.\nThe big question and confusion is still the domestic and highway transportation. I have\nReceived information that once the shipment is a domestic shipment moving over the\nHighway the haz mat protocal is not required.\nIs that correct:\n1. Drivers are not required to be haz mat certified and no endorsement is required on\nTheir CDL license??? Since the attached indicates no CDL endorsement is required then\nLogic would be that the shipment is deemed non hazardous / non regulated so no haz\nProtocal or procedures are required. No placarding, no hazardous indicated shipping\n\n<<>>\n\nPapers and no training is required to handle these shipments???\n2. Dock workers handling the transloading from ocean container to domestic trailer are not\nRequired to be haz mat certified???\n3. Truck BOL is not required to indicate any haz mat detail with class, proper shipping name\nEtc???\n4. MSDS is not required to be included with the load, with the driver???\n5. Consignee is not required to use haz mst certified dock workers to handle the shipment\nUpon deliver??\n6. No haz mat protocal is required during storage at consignee’s facility??\nThis is my confusion that I need clarification. I understand how to handle for air\nAnd ocean. My confusion starts once the shipments are domestic and in need of\nHighway motor carrier transportation.\nAre the shipments imported by ocean under UN3480 and UN3496 non regulated\nOnce they are transported by highway by motor carrier truck service???\nPlease confirm soonest and I would like the opportunity to call your offices this\nMorning to discuss and confirm. You will see the attached includes a letter from\nThe PHSMA confirming that drivers are not required to have a CDL endorsement\nOn their license so that would steer me to handle the entire shipment as a non\nRegulated / non hazardous shipment.\nPlease advise soonest.\nBest Regards,\nLaura Warren\nFujitrans USA inc.\n(310) 600-1569\nHi Laura,\nYour enquiry was passed to me by our LA office. It is a little out of our normal purview, but I\nthink you are on the correct path.\nPlease see the attached PHMSA interpretation, specifically a similar question and answer\nbelow (Q2 and A2) for guidance.\nQ2: You ask whether the driver of a motor vehicle transporting an energy storage system\nclassified as “UN3536, Lithium batteries installed in cargo transport unit, 9” is required to\nhave a hazmat endorsement on his or her Commercial Driver’s License (CDL).\n\n<<>>\n\nA2: The answer is no. For purposes of 49 CFR Part 383 and the applicability of the CDL\nhazmat endorsement, a “hazardous material” is defined in 49 CFR 383.5 as a material that has\nbeen designated as hazardous under 49 U.S.C. 5103 and is required to be placarded under\nSubpart F of 49 CFR Part 172; or any quantity of a material listed as a select agent or toxin in\n42 CFR Part 73. In your scenario, the cargo transport unit does not require placards under\nSubpart F of 49 CFR Part 172 (see § 172.504(f)(9)).\nThe PHMSA interpretation website has a search function (magnifying glass on the left and\nenter the CFR section) which can be useful tracking previous interpretations related to a\nparticular section of code. Link below.\nhttps://www7.phmsa.dot.gov/regulations/title49/b/2/1\nInterpretations | PHMSA\n49 CFR Parts 100 - 199 This section provides interpretations related to PHMSA’s safety\nregulations, as well as regulations parts identified by the part number and subject.\nwww7.phmsa.dot.gov\nRegards,\nRobert Harris\nDeputy Chief Surveyor - Pacific Ports\nNational Cargo Bureau\nMobile: (206) 900-6497\nEmail: harris@natcargo.org\nVisit our Website: www.natcargo.org\nOur Mission: Safety of Life and Cargo at Sea\nFrom: laura@fujitransusa.com \nSent: Tuesday, February 15, 2022 10:34:27 AM\nTo: ncblax@natcargo.org \nSubject: Tacoma and Los Angees transloading\nHello Greg,\n\n<<>>\n\nSee below. So I think I found the reg. Does that reg cover the 2 UN’s I sent you???\nUN3480 and UN3496???\nMy assumption is that we do not need haz drivers or placards when transporting\nBy truck.\nPlease confirm..\nThanks much,\nLaura Warren\nFujitrans USA Inc.\n(310) 600-1569\nFor Class 9 (Miscellaneous) hazardous materials, placards are not required to be displayed for\ndomestic transportation, including the domestic portion of international transportation, that occurs\nwithin the United States (see § 172.504(f)(9) of the HMR).\nIn accordance with the FMCSA regulations, only drivers of vehicles transporting hazardous materials\nthat are required to be placarded in accordance with Subpart F of Part 172 of the HMR must have a\nhazardous materials endorsement to their CDL (See § 383.93). Thus, a hazardous materials\nendorsement is not required for a driver transporting any quantity of Class 9 materials, even when\nplacarded with Class 9 placards.\nHe also shared this link to FMSCA’s guide for placarding that clearly states Class 9 is not required for\ndomestic transportation, bulk transport is required to display the ID but not to be a hazmat certified\ndriver or be covered under hazmat insurance.\nhttps://www.fmcsa.dot.gov/sites/fmcsa.dot.gov/files/docs/Hazardous_Materials_Markings_Labeling\n_and_Placarding_Guide.pdf\nVirus-free. www.avg.com","truncated":false,"body_characters":18696}