Interpretation Response #14-0241 ([Horizon Hobby, LLC] [Mr. Travis Morenz])

Below is the interpretation response detail and a list of regulations sections applicable to this response.

Interpretation Response Details

Response Publish Date: 02/29/2016

Company Name: Horizon Hobby, LLC

Individual Name: Mr. Travis Morenz

Location State: IL Country: US

View the Interpretation Document

Response text:

February 29, 2016

Mr. Travis Morenz
Domestic Logistics and Compliance Analyst
Horizon Hobby, LLC
4105 Fieldstone Road
Champaign, IL  61822

Reference No. 14-0241

Dear Mr. Morenz:

This is in response to your December 18, 2014 e-mail requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) relating to the use of orientation arrows on packages and lithium battery classification.  Your questions are paraphrased and answered as follows.

Q1. Is it a violation of HMR § 172.312 to have partially covered or completely covered orientation arrow markings on a package that contains a non-liquid hazardous material or a material that is not subject to regulation under the HMR?

A1. Section 172.312 specifies when appropriate package orientation arrows are required.  The HMR do not prohibit partially or completely covered orientation arrow markings on packages where their display is not required in accordance with § 172.312.

You provide an example of a 2-cell lithium ion battery with each cell rated at 30 Watt-hours (Wh) and an overall battery rating of 60 Wh and ask the following:

Q2. Is the outer package for the example lithium ion battery required to be marked “LITHIUM BATTERIES-FORBIDDEN FOR TRANSPORT ABOARD AIRCRAFT AND VESSEL” in accordance with HMR § 173.185(c)(1)(iv)?

A2. The answer is no.  Neither the individual cells within the example lithium ion battery exceed the 60 Wh threshold, nor does the battery exceed the 300 Wh threshold for the § 173.185(c)(1)(iv) marking requirement to apply.

Q3. Under special provision 188 of the International Maritime Dangerous Goods (IMDG) Code would the example lithium ion battery be classified as Class 9?

A3. The example lithium ion battery does not exceed the 100 Wh limit and may be transported in accordance with special provision 188 of the IMDG Code.  The 20 Wh cell and 100 Wh battery thresholds apply to the item being shipped.  In this example, because the battery does not exceed 100 Wh, you would not have to consider the size of the component cells.

Q4. Under Packing Instruction 965 of the International Civil Aviation Organization Technical Instructions for the Safe Transport of Dangerous Goods by Air (ICAO TI), would the example lithium ion battery fall under Section IA, Section IB or Section II?
 
A4. Provided the lithium ion battery does not exceed 100 Wh, the example lithium ion battery would be subject to the requirements of Section II of Packing Instruction 965 of the ICAO TI.

I trust this information is helpful.  If you have further questions, please do not hesitate to contact this office.

Sincerely,

Duane A. Pfund
International Standards Coordinator
Standards and Rulemaking Division
172.312

Regulation Sections