PHMSA Interpretation #10-0095

May 1, 2012

PHMSA Response Letter

May 1, 2012

 


Mr. Bill Briner
1324 West Bend Drive
Dardenne Prairie, MO 63368-8824

Ref. No. 10-0095


Dear Mr. Briner:


This responds to your April 26, 2010, request for clarification on the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). We apologize for the delay in responding and for any inconvenience it has caused. Specifically, you ask for clarification on how to describe the ¿type of packaging¿ on a shipping paper for a DOT Specification 39 cylinder shipped by highway in a fiberboard box as required in § 173.301(a)(9). You also ask for clarification on the transportation of lithium batteries by aircraft.


Your questions are paraphrased and answered as follows:


Q1. When shipping a single DOT Specification 39 cylinder in a fiberboard box, how must the ¿type of packaging¿ be described on the shipping paper?


A1. The ¿type of packaging¿ may be described as ¿1 fiberboard box¿ or ¿1 cylinder contained in a fiberboard box.¿


Q2. When shipping two DOT Specification 39 cylinders in a fiberboard box, how must the ¿type of packaging¿ be described on the shipping paper? You state that carrier software provides three options for describing two DOT Specification 39 cylinders within a single fiberboard box (see below). Based on the carrier options, you ask if Option A complies with the International Civil Aviation Organization (ICAP) Technical Instructions (TI).


Option A


1 fiberboard box x 1kg
1 fiberboard box x 1kg
All packed in one fiberboard box


Option B


1 kg
1 kg
All packed in one fiberboard box


Option C


1 cylinder x 1kg
1 cylinder x 1kg
Overpack used


A2. Describing the ¿type of packaging¿ in accordance with according to Option A would satisfy regulatory requirements under the HMR and ICAO TI.


Q3. For an air shipment of lithium ion batteries, if the watt-hour rating of cells is not more than 20 Wh and the watt-hour rating of batteries is not more than 100 Wh and the gross weight of the package exceeds 10 kg gross, must the package be shipped in accordance with ICAO Packing Instruction (PI) 965, including UN standard packaging, Class 9 label and Shipper¿s Declaration for Dangerous Goods?


A3. Yes. It must be shipped in accordance with the ICAO Technical Instructions Packing Instruction (PI) 965.


Q4. If both DOT Specification 39 cylinders and lithium batteries that fall under Section II of ICAO Packing Instruction are contained in a single fiberboard box, and the weight of the cylinders caused the packages to exceed 10 kg gross in the case of PI 965 or 2.5 kg gross in the case of PI 968, you ask for confirmation that these packages must be shipped in accordance with the Section I requirements of ICAO Packing Instruction, including UN standard packaging, Class 9 label and shipper¿s declaration for dangerous goods.


A4. Yes. Shipment must be in accordance with Section I of the appropriate ICAO Packing Instruction.


Q5. It is your understanding that either a Class 9 label for a ICAO Section I PI shipment or a lithium battery handling label for a ICAO Section II PI shipment is required. If so, you ask if it is permissible to display a lithium battery handling label in addition to the Class 9 label for an ICAO Section I shipment.


A5. No. The ICAO TI does not require the handling label if not more than 4 cells or 2 batteries are contained in the package. Use of the handling label may cause confusion resulting in frustration of shipments. It is permissible to display both a lithium battery handling label in addition to the Class 9 label for a Section I shipment.


Q6. ICAO PI 967 Section II only requires the lithium battery handling label if more than 4 cells or 2 batteries are contained in the package. You ask if it is permissible to display a lithium battery handling label if not more than 4 cells or 2 batteries are contained in the package.


A6. No. The ICAO TI does not require the handling label if not more than 4 cells or 2 batteries are contained in the package. Use of the handling label may cause confusion resulting in frustration of shipments.


Q7. You ask for confirmation that lithium metal batteries, shipped in accordance with PI 968, either Section I or Section II, are prohibited from passenger aircraft.


A7. Lithium metal batteries are forbidden for transport aboard passenger aircraft (See § 172.102(c), Special Provision A100). This prohibition applies regardless of whether the battery is packaged in accordance with PI 968 Section I or Section II.


I hope this answers your inquiry. If you require additional assistance, please contact this Office.


Sincerely,


Ben Supko
Acting Chief, Standards Development
Office of Hazardous Materials Standards


173.301, 172.102 SP A100

DMS ID# 10-0095