{"operation":"document","citation":"16-0125","title":"UPS Airlines — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2017-05-31","effective_on":null,"summary":"16-0125 response to UPS Airlines concerning 173.185.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-16-0125.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-16-0125.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-16-0125","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2017/160125.pdf","body":"<<<PAGE 1>>>\n\nMr. Bob McClelland\nAir Dangerous Goods Manager\nUPS Airlines\n55 Glenlake Parkway, NE\nAtlanta, GA 30328-3474\nReference No. 16-0125\nDear Mr. McClelland\nThis letter is in response to your July 20, 2016, email requesting further clarification of the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to power banks or\nsupplemental power units containing lithium ion batteries. In this email, you ask a series of\nfollow-up questions in response to a previously-issued letter from June 23, 2016 (Reference No.\n16-0018).\nWe have paraphrased and answered your questions as follows:\nQ1. Keeping in mind that many products described as power banks, power units,\nsupplemental power, etc. include embedded electronic accessories such as a fuel gauge or\na flashlight, you ask if a power bank that includes such accessories meets the definition of\n\"equipment\" as defined in § 173.185.\nAl. For purposes of the HMR, a power bank as described in your email is a battery and must\nbe transported using a proper shipping name that most appropriately describes the battery\ntype housed in the power bank. This criterion applies regardless of whether the power\nbank has additional accessories. The HMR define \"equipment\" as the device ot\napparatus for which the lithium cells or batteries will provide electrical power for its\noperation (see § 173.185). As described in our previous response, a battery in a power\npack is used to supply electric power to separate equipment.\nQ2. You ask if —under the assumption that a power bank is a battery and not equipment-it is\ncorrect to assume that the power bank must be a type proven to meet the requirements of\neach test in the United Nations (UN) Manual of Tests and Criteria, Part III sub-section\n38.3.\nA2. The answer is yes. The cells or battery (if applicable) in the power bank must be a type\nproven to meet the requirements of each test in the United Nations Manual of Tests and\n\n<<<PAGE 2>>>\n\nA3.\nThe International Civil Aviation Organization's Technical Instructions for the Safe\nTransport of Dangerous Goods by Air (ICAO Technical Instructions) recently adopted a\ndefinition of equipment similar to that in the HMR. This definition clarified the\napplicability of the ICAO Technical Instructions. It is the opinion of this Office that\npower banks of the type described in your email when offered for transport in accordance\nwith the ICAO Technical Instruction should be described as \"UN3480, Lithium ion\nbatteries.\"\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nDuane 4. 7f 1\nDuane A. Pfund\nInternational Standards Coordinator\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\nVIA ELEC IRONIC MAIL\nInternational Standards Coordinator\nPipeline and Hazardous Materials Safety Administration\n1200 New Jersey Avenue, SE\nWashington, D.C. 20590\nSubject: Clarification of Power Banks (Ref. No.: 16-0018)\nDear Mr. Pfund\nThank you for your June 23, 2016 response to our question related to the proper classification of\nlithium battery equipped items described as power banks. We would like to ask a few follow-up\nquestions related to the clarification provided:\nMany products commercially described as power banks, power units, supplemental power,\netc. also include embedded electronic accessories such as power meters, flashlights and other\n(see Appendix). If the batteries in the power bank also power the electronic accessory does the\npower bank meet the definition of equipment in § 173.185?\n2. Is it correct to assume that a power bank not meeting the definition of equipment, and thus\nconsidered a lithium ion cell or battery, must be tested in accordance with the UN Manual of\nTests and Criteria, Part III, subsection 38.3?\n3. Although a change is planned for 2017, the ICAO Technical Instructions do not currently carry\nthe same definition of equipment as § 173.185. With no USG variation in the ICAO T.I. could\nshippers outside the U.S. who classify and offer power banks as \"contained in equipment\"\ncontinue to do so, including for transport to or through the United States, until the regulations\nare harmonized or a U.S. variation is posted?\nThank you again for your initial clarification and we look forward to your further response.\nsipeeksly.\nRobert McClelland\nUPS Airlines Dangerous Goods Manager\n+1-502-359-2950\n1 of 3\n\n<<<PAGE 4>>>\n\n100\nPower bank with flashlight:\n2 of 3\n\n<<<PAGE 5>>>\n\n520°\nLED Flish Light\n3 of 3\n\n<<<PAGE 6>>>\n\nA dangerous woods 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\nthe device or apparatus for which the lithium cells or batteries will provide electrical power\nfor its operation (see § 173.185).\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.\ntharks Che\nfoR\nDuane A. Pfund\nInternational Standards Coordinator\nStandards and Rulemaking Division","truncated":false,"body_characters":6236}