Interpretation Response #07-0183 ([Leiter & Cramer PLLC] [Mr. Adam B. Cramer])

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

Interpretation Response Details

Response Publish Date: 12/19/2007

Company Name: Leiter & Cramer PLLC

Individual Name: Mr. Adam B. Cramer

Location State: DC Country: US

View the Interpretation Document

Response text:

December 19, 2007

Mr. Adam B. Cramer

Leiter & Cramer PLLC

815 Connecticut Avenue, NW, Suite 220

Washington, DC 20006

Ref. No.: 07-0183

Dear Mr. Cramer:

This is in response to your September 21, 2007 letter concerning Special Provision 189 in § 172.102 of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) as amended in Docket HM 224C and HM 224E, published August 9, 2007 (72 FR 44929). Your questions are paraphrased and answered as follows:

Q1. How many four-cell lithium batteries may be packaged together before a shipper of lithium batteries is subject to Special Provision 189, paragraph (f)?

A1. Twelve. Special Provision 189, paragraph (f) states; "Except when contained in equipment, each package containing more than 24 lithium cells or 12 lithium batteries must be"" The threshold is based on batteries or cells; in your scenario you are shipping batteries and need only consider the quantity of batteries shipped.

Q2. Special Provision 189, paragraph (f)(1) states; "Marked to indicate that it contains lithium batteries, and that special procedures should be followed in the event that the package is damaged"" What is meant by "special procedures?"

A2. The "special procedures" should be specific actions to be taken, as determined by the offeror of the batteries, to protect the people and property in proximity to the batteries in the event of damage to the packaging. These instructions should include inspection and repackaging guidance if necessary.

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

Sincerely,

Hattie L. Mitchell

Chief, Regulatory Review and Reinvention

Office of Hazardous Materials Standards

172.102 Special Provision 189

Regulation Sections