{"operation":"document","citation":"16-0018","title":"UPS Airlines — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2016-06-23","effective_on":null,"summary":"16-0018 response to UPS Airlines concerning 171.8, 173.185.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-16-0018.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-16-0018.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-16-0018","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2016/160018.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nWashington, D.C. 20590\n1200 New Jersey Avenue, SE\nMaterials Safety\nPipeline and Hazardous\nAdministration\nJUN 2 3 2016\nMr. Bob McClelland\nAir Dangerous Goods Manager\nUPS Airlines\n55 Glenlake Parkway, NE\nAtlanta, GA 30328-3474\nRef. No.: 16-0018\nDear Mr. McClelland\nThis responds to your email dated January 21, 2016, requesting clarification of the\napplicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to\npower banks or supplemental power units containing lithium ion batteries. Specifically you\nask whether for the purposes of the HMR such articles are considered \"UN3480, Lithium ion\nbatteries\" or \"UN3481, Lithium ion batteries contained in equipment.\"\nThe HMR define Lithium ion cell or battery as a rechargeable electrochemical cell or battery\nin which the positive and negative electrodes are both lithium compounds constructed with\nno metallic lithium in either electrode (see § 171.8). The HMR further define equipment as\nfor its operation (see § 173.185).\nthe device or apparatus for which the lithium cells or batteries will provide electrical power\nBased on these criteria, power banks or supplemental power units containing lithium ion\nbatteries are best described as \"UN3480, Lithium ion batteries.\" The battery housed inside a\npower bank does not power the power bank in the same manner as a battery powers an\nelectric wheelchair or a laptop computer. Rather, a battery in a power pack is used to supply\nelectric power to separate equipment. Thus, for purposes of the HMR, a power bank is a\nbattery and must be transported using a proper shipping name that most appropriately\ndescribes the battery type housed in the power bank.\nI hope this answers your inquiry. If you need additional assistance, please contact the\nStandards and Rulemaking Division at (202) 366-8553.\nSincerely,\nthors OBi\nIfOR\nDuane A. Pfund\nInternational Standards Coordinator\nStandards and Rulemaking Division\n\n<<<PAGE 2>>>\n\naru\n3 71.60\nDodd, Alice (PHMSA)\nDefinitions\n16-00/8\nFrom:\nSent:\nKelley, Shane (PHMSA)\nTo:\nThursday, January 21, 2016 6:09 PM\nCc:\nDodd, Alice (PHMSA); Goodall, Shante CTR (PHMSA)\nSubject:\nLeary, Kevin (PHMSA)\nAttachments:\nFW: Powerbanks\n13-0153 Record.docx\nPlease see the below from Kevin in relation to the interp request I forwarded earlier today. Thanks\nFrom: Leary, Kevin (PHMSA)\nSent: Thursday, January 21, 2016 6:05:51 PM\nSubject: RE: Powerbanks\nTo: Kelley, Shane (PHMSA); Pfund, Duane (PHMSA)\nThis letter was previously assigned 13-0153. It was closed, handle by phone by Vince. At that time UPS did not seek a\nwritten response. All status information on that letter is located in the file for that letter. A screen shot is attached.\nIf UPS is seeking a written response and they simply want to use their original letter, that is fine but I suggest simply\nassigning it a new number and flag the 13-0153 record for background information to be used by the regulatory\nspecialist.\nFrom: Kelley, Shane (PHMSA)\nSent: Thursday, January 21, 2016 3:16 PM\nTo: Pfund, Duane (PHMSA); Leary, Kevin (PHMSA)\nSubject: RE: Powerbanks\nUpdate: I spoke with Bob and reiterated what we've said at UN and ICAO based on our HMR definition of\nequipment. They were content with that but also asked if they could get a written response to their previous letter. I\nresponse. Do we know if it is already logged in?\ntold them I would check whether it had been logged into our interp system and if not submit it for formal routing and\nFrom: Kelley, Shane (PHMSA)\nSent: Thursday, January 21, 2016 1:39 PM\nTo: Pfund, Duane (PHMSA); Leary, Kevin (PHMSA)\nSubject: FW: Powerbanks\nI haven't responded or accepted a call yet.\nThe IATA guidance states:\n\"Power Bank (power pack, mobile battery, etc.). No formal definition exists and there continues to be discussion at the\nUnited Nations Subcommittee of the correct classification for transport. However, for the purposes of this guidance\ndocument and the IATA Dangerous Goods Regulations powers banks are to be classified as batteries and must be\nassigned to UN 3480, lithium ion batteries, or UN 3090, lithium metal batteries, as applicable. For carriage by\nindividually protected from short-circuit.\"\npassengers, power banks are considered as spare batteries and must be in carry-on baggage only and must be\n\n<<<PAGE 3>>>\n\nLooking for a logic-check on this - I believe for the examples we have seen that the guidance is consistent with the HMR\n(as well as our views as expressed at UN and ICAO) in that if the battery pack does not provide power to the equipment\nin which it is contained or packed with is it would be considered a battery and not equipment.\ni don't mind reaching out to Bob and if the questions go beyond the clear text of the HMR could suggest they pose their\nissue.\nquestions formally. I can also let them know about the square bracketed text we adopted at UN that would clarify this\nFrom: rfmcclelland@ups.com [mailto: rfmcclelland@ups.com]\nSent: Thursday, January 21, 2016 1:23 PM\nTo: Kelley, Shane (PHMSA)\nSubject: Powerbanks\nShane -\nfun for an airline)!\nI assume you are preparing for the incoming blizzard? We are expecting 4 to 8\" tomorrow morning and afternoon (not\nI have a question about the proper classification of Powerbanks. Would you have a moment to talk to Sam Elkind and\nme about the issue? IATA has added new language to its guidance document defining Powerbanks as UN3480, Li lon\nBatteries (versus UN3481). Would just like to get your thoughts from a US perspective.\nLet me know if you have a few minutes to discuss with Sam and me this afternoon.\nThanks,\nBob McClelland\nAir Dangerous Goods Manager\nUPS Airlines\n(502) 359-2950 Office\n(502) 741-5763 Cell\nrfmcclelland@ups.com\n\n<<<PAGE 4>>>\n\nlola\nSome are considering these as and shipping them as. lithium batteries contained in equipment and some are shipping them as.\nOther Data Cited\n08/13/2013: CLOSE OUT. Handled by phone. Spoke with Samuel Elkind. He said.he was.not expecting a letter of interpretation. That is why he directed his original letter to DP... The issue is the definition of equipment as. it pertains to\nithium. batteries contained in equipment.There are devices such as power packs. cellphone cases.that provide auxiliary/backup_power.tothe.phone.etc._These devices house a lithium battery_May have wiring and electronic components.\nSamuel Elkind wanted to bring the issue.to our attention. and.to let us.know that.the issue does affect UPS. and would like to see a definition so that they are all shipped the same. While he does.not really care. what the outcome is..he\nData Dump\nSEARCH OPTIONS\nAll Open\n11) /12 /13\nAGING REPORTS\nLast 30 Days\n31-60 Days\n61:90 Days\n> 90 Days\n91.120 Days\n121.180 Days\nFind\n7125/2013\n13-0153\nNEW\nPHH.12 Report\nPHH.13 Report\nPHH:20 Report\nPH Report\nCLOSED REPORTS\nLast 30 Days\nURt Link 6\nlithium. batteries._The classification.results in differences in shipping allowances. under ICAO and the way they are tested. The issue was presented at April 2013 ICAO without resolution.\nBRANCH REPORTS\nAll Open\nPHH-11 Report\nvould. like to have. a resolution and. he believes they are batteries. Offers.his support and. assistance.to any efforts that.we_make to. resolve this issue.in.the international.fora.\nNew Record Delete Record\nDate Received:\nTracking Number:\nOriginating Office:\nURU Link 5\nWindow Help\nPreview\nDays Open\nAvg. to Sign 91\n7123/2013\n8/15/2013\nB/15/2013\nShow All\nFirst Draft Date: 8/15/2013\n121\nFirst Draft Due:\nDays to Sign\nStatus Date\nSianor\nURL Link 3 URL Link 4\nbut.they do. not.function themselves. They must be attached to a piece of equipment that it provides power to..\nBecords Scripts\nINTERPRETATION LETTER TRACKING DATABASE\nDate of Letter\nPHH\nFormat\n16 / 5426\nFound (Unsorted)\nView As:\nURL Link 2\nSee UN.Manual.of Tests. and Criteria. 38.3.2.2 Note on power packs.\nSee ICAO PL 966 for equipment\" and Glossary of Terms... Lithium Battery...\nof FileMaker Pro - [Interp Letters (PHMHQNWAS017VG)]\nSamuel S. Elkind\nView Insert\n55 Glenlake Parkway, NE.\n15\nRecords\n(404) 828-6064\nAtlanta, GA 30328-3474\nBabich.\n171.8\nDefinitions\nCLOSED\n08/15/2013\nUPS\nSURL Link 1\n07/29/2013: Letter received. - VAB\nNork is continuing on this issue - VAB\nBrowse\n› Eile Edit\nLayout: Data Entry\nDate Assigned 7/25/2013\nRequester\nCompany\nE-mail\nPhone\nAddress\nRe-Assigned\nStaff\nSection\nSubject\nConcurrence\nStatus\nClose Date\nLong File\nPrevious\nCited\n100 = 4 B\n\n<<<PAGE 5>>>\n\nAtlanta, GA 30328-3474\n55 Glenlake Parkway, NE\nUpS\nJuly 23, 2013\nMr. Duane Pfund\nInternational Standards Coordinator\nPipeline and Hazardous Materials Safety Administration\nU.S. Department of Transportation - PHH-13\n1200 New Jersey Avenue, SE\nEast Building, Second Floor\nWashington, DC 20590\nRe:\nDefinition of Power Bank or Supplemental Power Units containing Lithium Batteries\nDear Mr. Pfund:\nUPS writes to you in your capacity representing the U.S. at the UN Subcommittee of\nExperts on the Transport of Dangerous Goods. In its handling of various lithium battery\nshipments, UPS has encountered several shipments of supplemental power sources for personal\nelectronic devices such as smart phones, shipped under Section II of ICAO Packing Instruction\n967. Among the forms of such devices are outer covers for smart phones that are supplied with\nsupplemental power sources, or free-standing units that connect by wire to an electronic device.\nUPS is aware that classification of such articles was considered in the April 2013 Working\nGroup meeting of the Dangerous Goods Panel, but without a firm conclusion (Enclosure 1), and\nindustry worldwide.\nseeks your involvement through the UN SCOE to promote a clear decision that can be used by\nIn reviewing the applicable regulations, UPS believes that while some shippers classify\nthese items as UN3481, Lithium ion batteries contained in equipment, a more appropriate\nclassification may be UN3480, Lithium ion batteries. Because shipment compliance, carrier\nreporting obligations and perhaps even shipment safety may hinge on the manner in which\nshippers offer these devices, UPS believes this classification question needs clear resolution.\nThe ICAO DGP Working Group believed the multimodal nature of the classification question\n3.5.6.3).\nmeant this matter properly ought to be addressed by the UN SCOE (Enclosure 1, paragraph\nWithin industry, there are proponents of each classification, dividing along lines similar\nto those illustrated in the April 2013 DGP Working Group discussion. As the purpose of these\ndevices is to supplement or recharge the battery power of a personal electronic device, some hold\n\n<<<PAGE 6>>>\n\nENCLOSURE 1\nExtract from Report of the ICAO Dangerous Goods Panel Working Group, April 2013:\n3.5.6.1 The working group was asked to clarify what constitutes \"equipment\" when referring to UN 3091,\nLithium metal batteries contained in equipment and UN 3481, Lithium ion batteries contained in\nequipment. It was suggested that certain articles containing lithium batteries whose sole purpose was to\nprovide external power source to another piece of electronic equipment should be treated as lithium\nbatteries on their own and classified as UN 3090, Lithium metal batteries or UN 3480, Lithium ion\nbatteries. New text to clarify this was proposed for inclusion in the packing instructions for lithium\nbatteries contained in equipment and in the passenger provisions to differentiate between spare batteries\nchecked baggage.\nwhich must be in carry-on luggage and lithium batteries contained in equipment which could be in\n3.5.6.2 A representative of the battery industry disagreed with the proposal. He suggested these articles\nshould be considered equipment containing lithium batteries. To be classified as lithium batteries, the\narticles would be subject to UN testing but that this was not done. Instead the cell or battery inside the\ndevice was submitted for testing and then incorporated into the article. Not everyone agreed with this\npoint of view. The working group was reminded of the paper presented at a previous working group\nmeeting reporting on an incident involving e-bicycle batteries classified as lithium batteries contained in\nin equipment because it was not attached to the bicycle.\nequipment. The presenter of that paper was told the batteries should not have been considered contained\n3.5.6.3 There was support for the intent of the proposal but it was felt the issue, at least in relation to the\npacking instructions, was a multi-modal one that should be addressed at the UN. Clearly defining what\nconstituted contained in equipment was complicated and would need to be developed carefully.","truncated":false,"body_characters":12588}