Interpretation Response #21-0110
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
December 22, 2022
Mr. Cliff Bartley
426 N. 44th Street
Phoenix, AZ 85008
Reference No. 21-0110
Dear Mr. Bartley:
This letter is in response to your November 22, 2021, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to transporting dry batteries. Specifically, you ask about shipping this material—classified as "UN3028, Batteries, dry, containing potassium hydroxide solid, electric storage, 8"—as a limited quantity and harmonization with the International Maritime Dangerous Goods (IMDG) Code.
We have paraphrased and answered your questions as follows:
Q1. You ask whether the 5-kilogram (kg) limit per inner packaging—as specified in § 173.154(b)(2) for limited quantity combination packagings of Packing Group (PG) III corrosive materials—refers to only the potassium hydroxide within a battery or the article itself.
A1. Since this battery is an article, the entire weight of the battery must be considered when adhering to the 5 kg inner packaging limit.
Q2. You ask which PG should be utilized when shipping "UN3028, Batteries, dry, containing potassium hydroxide solid, electric storage, 8" as a limited quantity material.
A2. The Hazardous Materials Table (HMT) entry for "UN3028, Batteries, dry, containing potassium hydroxide solid, electric storage, 8" specifies § 173.213 as the non-bulk packaging section in column 8B of the HMT. Section 173.213 is titled "Non-bulk packagings for solid hazardous materials in Packing Group III." Therefore, PG III limits should be utilized when shipping this material as a limited quantity.
Q3. You request that the HMR be harmonized with the IMDG Code by indicating PG III in the entry for "UN3028, Batteries, dry, containing potassium hydroxide solid, electric storage, 8" in the HMT.
A3. Generally, PHMSA strives to maintain alignment with international regulations and consensus standards including the United Nations (UN) Model Regulations, the International Civil Aviation Organization (ICAO) Technical Instructions, and the IMDG Code. In this instance, the HMR is aligned with both the ICAO Technical Instructions and UN Model Regulations by omitting a PG for "UN3028, Batteries, dry, containing potassium hydroxide solid, electric storage, 8."
I hope this information is helpful. Please contact us if we can be of further assistance.
T. Glenn Foster
Chief, Regulatory Review and Reinvention Branch
Standards and Rulemaking Division
|§ 173.154||Exceptions for Class 8 (corrosive materials)|