Interpretation Response #08-0052 ([ILS Manager - Aircraft] [Mr. Greg Hardwick])

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

Interpretation Response Details

Response Publish Date: 03/26/2008

Company Name: ILS Manager - Aircraft

Individual Name: Mr. Greg Hardwick

Location State: FL Country: US

View the Interpretation Document

Response text:

March 26, 2008

Mr. Greg Hardwick

ILS Manager " Aircraft

13350 US Highway 19 North

Clearwater, FL 33764

Ref. No.: 08-0052

Dear Mr. Hardwick:

This is in response to your letter dated February 26, 2008, concerning requirements in the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the transportation of navigation equipment containing two lithium-thionyl chloride (Li-SOCL2) batteries. In your letter you reference existing letters of interpretation issued by this office (Ref. No.: 07-0055 and 07-0202) and ask for a final interpretation that clarifies whether you should continue shipping your navigation equipment as Class 9 material or begin shipping it as nonregulated. According to your letter, each Li-SOCL2 battery contained in the navigation equipment has a lithium content of approximately 1.7 grams.

The letters of interpretation you reference are both accurate. We published a final rule entitled "Hazardous Materials; Transportation of Lithium Batteries" (HM-224C & HM-224E; 72 FR 44929) on August 9, 2007. The rule becomes effective on October 1, 2008, but voluntary compliance was authorized as of October 1, 2007. Therefore, you may use the "old" or "new" requirements until October 1, 2008. This overlap accounts for the apparent differences between the two letters. Letter no. 07-0055 discusses the requirements that are currently effective (old) and the requirements that will become effective on October 1, 2008 (new), while letter no. 07-0202 focuses solely on the requirements that are currently effective (old). Copies of the rulemaking and letters are enclosed for your convenience.

Since you are already transporting the navigational equipment as a Class 9 material, I suggest you align your shipping practices with the August 9, 2007 rulemaking in preparation for the October 1, 2008 effective date. Please refer to letter of interpretation no. 07-0055 for additional information on shipping your navigational equipment.

I hope this information is helpful. Please contact us if you require additional assistance.

Sincerely,

John A. Gale

Chief, Standards Development

Office of Hazardous Materials Standards

173.185

Regulation Sections