Interpretation Response #09-0008 ([Mr. Patrick Oppenheimer] [FedEx Express])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Mr. Patrick Oppenheimer
Individual Name: FedEx Express
Location State: TN Country: US
View the Interpretation Document
Response text:
January 27, 2008
Mr. Patrick Oppenheimer
Senior Manager, Safety Programs
Safety Health and Fire Prevention
FedEx Express
3670 Hacks Cross, Building G
Memphis, TN 38125
Ref. No. 09-0008
Dear Mr. Oppenheimer:
This responds to your January 13, 2009 email requesting clarification of the ICAO Technical Instructions (ICAO TI) with regard to their use as authorized by the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask for clarification of the requirements referenced in variation US 2 of the ICAO TI relative to the prohibition of primary (non-rechargeable) lithium metal batteries transported aboard passenger aircraft.
Variation US 2 (in Table A-1 of Attachment 3) of the ICAO TI currently contains outdated references to provisions of the HMR. In a final rule under Dockets HM-224C and HM-224E (72 FR 44930; August 9, 2007), we combined Special Provision A101 for primary lithium metal batteries packed with equipment and Special Provision A102 for primary lithium metal batteries contained in equipment into Special Provision A101 and removed Special Provision A102. In addition, we moved exceptions for lithium batteries in § 173.185 paragraphs (b) and (c) to § 172.102(c) Special Provisions 188 and 189, respectively. We anticipate correcting these editorial inconsistencies in variation US 2 in the near future.
The intent of variation US 2 regarding the transport of primary (non-rechargeable) lithium metal batteries and cells to, from or within the United States remains the same. Primary (non-rechargeable) lithium metal batteries and cells (UN3090) are forbidden for transportation aboard passenger-carrying aircraft. Such batteries transported in accordance with Section I of Packing Instruction 968 must be labeled with the CARGO AIRCRAFT ONLY label. Such batteries transported in accordance with Section II of Packing Instruction 968 must be marked "PRIMARY LITHIUM BATTERIES " FORBIDDEN FOR TRANSPORT ABOARD PASSENGER AIRCRAFT" or "LITHIUM METAL BATTERIES " FORBIDDEN FOR TRANSPORT ABOARD PASSENGER AIRCRAFT."
Primary (non-rechargeable) lithium metal batteries and cells contained in or packed with equipment (UN3091) are forbidden for transportation aboard passenger-carrying aircraft unless:
(1) The equipment and the batteries and cells are transported in accordance with Packing Instruction 969 or 970, as appropriate;
(2) The package contains no more than the number of lithium metal batteries or cells necessary to power the intended piece of equipment;
(3) The lithium content of each cell, when fully charged, is not more than 5 grams;
(4) The aggregate lithium content of the anode of each battery, when fully charged, is not more than 25 grams; and
(5) The net weight of lithium batteries does not exceed 5 kg (11 pounds).
Primary (non-rechargeable) lithium metal batteries and cells contained in or packed with equipment (UN3091) and transported in accordance with Section I of Packaging Instruction 969 or 970 that do not conform to the above provisions are forbidden for transportation aboard passenger carrying aircraft and must be labeled with the CARGO AIRCRAFT ONLY label.
Primary (non-rechargeable) lithium metal batteries and cells contained in or packed with equipment (UN3091) and transported in accordance with Section II of Packaging Instruction 969 or 970 that do not conform to the above provisions are forbidden for transportation aboard passenger carrying aircraft and must be marked "PRIMARY LITHIUM BATTERIES " FORBIDDEN FOR TRANSPORT ABOARD PASSENGER AIRCRAFT" or "LITHIUM METAL BATTERIES " FORBIDDEN FOR TRANSPORT ABOARD PASSENGER AIRCRAFT."
I hope this information is helpful. Please contact us if you require additional assistance.
Sincerely,
Charles E. Betts
Chief, Standards Development
Office of Hazardous Materials Standards
172.101, 172.102, 173.185