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Interpretation Response #09-0158 ([LTL and Conslidation Consultant C.H. Robinson-Ann Arbor Branch] [Ms. Jennifer Kaczmarczyk])

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

Interpretation Response Details

Response Publish Date:

Company Name: LTL and Conslidation Consultant C.H. Robinson-Ann Arbor Branch

Individual Name: Ms. Jennifer Kaczmarczyk

Location State: MI Country: US

View the Interpretation Document

Response text:

October 22, 2010

 

 

Ms. Jennifer Kaczmarczyk

LTL and Consolidation Consultant

C.H. Robinson-Ann Arbor Branch

10559 Citation Drive, Suite 201

Brighton, MI 48116

Reference No. 09-0158

Dear Ms. Kaczmarczyk:

This is in response to your e-mail requesting clarification of the Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to shipping papers and packages of lithium, wet alkali, and non-spillable wet acid batteries. We have paraphrased your questions and answered them in the order you provided. We apologize for the delay in responding and any inconvenience this may have caused.

Q1. When batteries of various sizes described as "UN 2795, Batteries, wet, filled with alkali, 8 (corrosive), PG III" are placed in boxes and shrink wrapped to a pallet, do the HMR require the number of packages per pallet to be itemized on the shipping paper?

A1. No, including the number of packages on the pallet is not required. Generally, an indication of a "skid" or "pallet" as a package type on a shipping paper is prohibited because skids and pallets are typically considered overpacks and not packages under the HMR. However, § 173.159(d)(1) authorizes electric storage batteries firmly secured to a skid or pallet, and § 173.159(d)(2) authorizes electric storage batteries firmly secured to a skid as types of packagings for alkali batteries packed without other materials provided the requirements of § 173.159(a) are met. For transportation by aircraft, the requirements of § 173.159(b) also apply.

Under § 172.202(a)(7), you must provide the number and type of hazardous materials packages on the shipping paper. Therefore, for your palletized shipments of alkali batteries prepared in conformance with § 173.159(d)(1), you may enter "1 pallet" or "1 skid," as applicable, and for those shipments prepared in conformance with § 173.159(d)(2), you may enter "1 skid," or similar terminology to represent the number and type of batteries you describe. In accordance with § 172.202(a)(5), you must also provide the total quantity of hazardous materials contained in the shipment. Net or gross mass or the number of batteries would be an appropriate description of the total quantity. An example of a shipping paper entry for a palletized shipment of wet alkali batteries weighing 200 pounds (lbs) and shipped under § 173.159(d)(1) is:

" "UN 2795, Batteries, wet, filled with alkali, 8, PG III, 1 pallet, 200 lbs."

Q2. When lithium batteries of various sizes described as "UN 3090, Lithium batteries, 9 (miscellaneous), PG II" are placed in boxes and shrink wrapped to a pallet, do the HMR require the number of packages per pallet to be itemized on the shipping paper?

A2. Pallets and skids are considered "overpacks" for lithium batteries with a gross weight of 12 kilograms (kg) (26.5 pounds) or less. See §§ 171.8 (overpack) and 173.185(g). Therefore, the number and type of packages containing these types of lithium batteries per pallet must be itemized on the shipping paper. An example of a shipping paper entry for a shipment of lithium batteries with a gross weight of 12 kg or less when the entire shipment weighs 200 pounds is:

" "UN 3090, Lithium battery, 9, PG II, 4 boxes, 200 lbs."

The HMR specify that lithium batteries employing a strong, impact-resistant outer casing and a gross weight that exceeds 12 kg may be packed in strong outer packagings, protective enclosures (for example, in fully enclosed wooden slatted crates), or on pallets. See § 173.185(g). This section also requires that the batteries must be secured to prevent inadvertent movement, and the terminals may not support the weight of other superimposed elements. Batteries packaged in this manner may be transported by highway, rail, and vessel, but not passenger aircraft, and may be transported by cargo aircraft only if approved by the Pipeline and Hazardous Materials Safety Administration"s Associate Administrator for Hazardous Materials Safety prior to transportation. Examples of shipping paper entries for shipments of lithium batteries with a gross weight that exceeds 12 kg when the entire shipment weighs 200 pounds are:

" "UN 3090, Lithium battery, 9, PG II, 4 boxes, 200 lbs,"

" "UN 3090, Lithium battery, 9, PG II, 1 wooden crate, 200 lbs," and

" "UN 3090, Lithium battery, 9, PG II, 1 pallet, 200 lbs."

Q3. If the batteries described in Questions Q1 and Q2 are packaged in separate containers and/or boxes but shrink wrapped to the same pallet, how must these entries appear on the shipping paper?

A3. When there are multiple hazardous materials in a shipment, the shipping description of each hazardous material within the shipment must be described on the shipping paper and include the total quantity and package type of each hazardous material covered by one description. You state your shipment includes lithium, wet alkali, and non-spillable wet acid batteries. Examples of the shipping paper descriptions for these entries appear in answers A1 and A2.

Q4. Please clarify how to package "UN 2800, Batteries, wet, non-spillable, 8, PG III" to qualify for the exception in § 173.159(e).

A4. Paragraphs (e) and (f) of § 173.159 specify the requirements a non-spillable battery must meet. The batteries must be protected against short circuits and securely packaged. You may use any type of packaging that meets this standard. Non-spillable batteries that comply with § 173.159(e) are not required to be described on a shipping paper.

Q5. What penalties or fines may be incurred if the shipping paper and packaging requirements for the batteries described in this letter are not followed?

A5. Under 49 CFR Part 107, Subpart D, the civil penalty for knowingly violating the Federal hazardous materials transportation law (49 U.S.C. 5101, et seq.) or the HMR can range from $275 to $55,000 per violation per day, or up to $110,000 if the violation results in death, serious illness, severe injury to any person, or substantial destruction of property. A minimum fine of $495 applies to violations relating to training. See §§ 107.329 and 107.333. Criminal penalties may include fines and imprisonment from 5 to 10 years based on the severity of the crime.

I hope this satisfies your request.

Sincerely,

T. Glenn Foster

Chief, Regulatory Review and Reinvention

Office of Hazardous Materials Standards

Regulation Sections

Section Subject
172.202 Description of hazardous material on shipping papers
173.159 Batteries, wet
173.185 Lithium cells and batteries