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Interpretation Response #14-0089 ([URS Corporation] [Mr. Andrew Romach])

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

Interpretation Response Details

Response Publish Date:

Company Name: URS Corporation

Individual Name: Mr. Andrew Romach

Location State: NC Country: US

View the Interpretation Document

Response text:

November 13, 2014

Mr. Andrew N. Romach
Regulatory Compliance Manager
URS Corporation
1600 Perimeter Park Drive
Morrisville, NC  27560

Reference No. 14-0089

Dear Mr. Romach:

This is in response to your letter requesting clarification on how to transport “UN 2990, Life-saving appliances, self-inflating, 9” and “UN 3072, Life-saving appliances, not self-inflating, 9” that each contain a lithium battery, internationally by aircraft, under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180).  Specifically, you ask if life-saving appliances that contain a lithium battery are excepted from complying with Special Provisions 188, 189, A101, A103, and A104 prescribed in 49 CFR 172.102, and § 173.185 when prepared for transportation in conformance with International Civil Aviation Organization Technical Instructions for the Safe Transport of Dangerous Goods by Air (ICAO Technical Instructions).  

On August 6, 2014, the Pipeline and Hazardous Materials Safety Administration (PHMSA) issued a final rule, in consultation with the Federal Aviation Administration, under Docket No. PHMSA-2009-0095 (HM-224F; 79 FR 46012, 8/6/14), that modified the HMR for lithium batteries and cells.  Under this final rule, § 172.102 Special Provisions 188 and 189 were revised and moved to § 173.185(c).  Special Provision A101 was revised to make it consistent with comparable requirements for lithium metal batteries packed with or contained in equipment that are prescribed in the ICAO Technical Instructions.  The final rule also adopted separate Hazardous Materials Table (HMT; § 172.101) entries for lithium metal batteries and lithium ion batteries, making Special Provisions A103 and A104 no longer necessary; they were removed.  In addition, the final rule consolidated the United Nations (UN) design testing, packaging, and other transport condition requirements for lithium batteries into § 173.185 and reorganized that section.  

If the life-saving appliances you described comply with the size, packaging, hazard communication, air transportation, and marking exceptions prescribed for smaller lithium cells and batteries in § 173.185(c), they are excepted from the requirements in 49 CFR Part 172, Subparts C (Shipping Papers), D (Marking), E (Labeling), F (Placarding), G (Emergency Response Information), and H (Training), and the UN performance packaging requirements prescribed in § 173.185(b)(3)(ii) and (b)(4).  Please note that you may also ship them in conformance with the requirements prescribed in § 173.185 for “UN 3481, Lithium ion batteries contained in equipment including lithium polymer batteries, 9, II” or “UN 3091, Lithium batteries contained in equipment including lithium alloy batteries, 9, PG II,” if applicable.  

Also, please note that the HMR require that packages of hazardous materials prepared for transportation in conformance with international requirements, such as the ICAO Technical Instructions, must comply with 49 CFR Part 171, Subpart C.  This subpart further requires that any hazardous materials packages offered or intended for transportation by aircraft in conformance with the ICAO Technical Instructions must also comply with 49 CFR Part 175 (Carriage by Aircraft; see § 171.24(b)(1)); however, the HMR do not require packages prepared in this manner to comply with § 173.185.  

I hope this satisfies your request.


T. Glenn Foster
Chief, Regulatory Review and Reinvention Branch
Standards and Rulemaking Division

172.102, 173.185, 173.185(b)(3)(ii) and (b)(4), 171.24(b)(1)

Regulation Sections

Section Subject
171.24 Additional requirements for the use of the ICAO Technical Instructions
172.102 Special provisions
173.185 Lithium cells and batteries
173.185 Lithium cells and batteries