Interpretation Response #25-0015
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Currie Associates
Individual Name: Ana Diaz
Location State: NY Country: US
View the Interpretation Document
Response text:
April 23, 2025
Ana Diaz
Regulatory Compliance Specialist
Currie Associates
101 Ridge Street
Suite I
Glenn Falls, NY 12801
Reference No. 25-0015
Dear Ms. Diaz:
This letter is in response to your February 7, 2025 letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to United Nations (UN) identification number marking in accordance with Special Provision (SP) 389 for a shipment of "UN3536, Lithium Batteries installed in cargo transport unit lithium ion batteries or lithium metal batteries, 9." Specifically, you seek confirmation of your understanding that the UN identification number displayed on an orange panel must be affixed on only two (opposing) sides of the cargo transport unit (CTU) associated with the Class 9 placard. You also seek confirmation that § 172.302(a) UN identification number marking requirements for bulk packagings do not apply.
Your understanding of both is correct. SP 389 excepts the lithium batteries installed in a CTU from the marking requirements of Part 172, Subpart D. Therefore, § 172.302(a) identification number marking requirements do not apply. However, SP 389 does still require the CTU to display the UN identification number in a manner in accordance with § 172.332 of the HMR and be placarded on two opposing sides. The requirement "on two opposing sides" applies to both preceding requirements, i.e., the CTU shall display the UN identification number in a manner in accordance with § 172.332 of the HMR on two opposing sides, and the CTU shall be placarded on two opposing sides. Thus, whether displayed on an orange panel, a placard, or a white square-on-point in accordance with § 172.332, the condition of "on two opposing sides" applies.
I hope this information is helpful. Please contact us if we can be of further assistance.
Sincerely,
Dirk Der Kinderen
Chief, Standards Development Branch
Standards and Rulemaking Division
172.302(a), 172.332