{"operation":"document","citation":"18-0142","title":"Lifetime Brands, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2018-12-20","effective_on":null,"summary":"18-0142 response to Lifetime Brands, Inc. concerning 173.185.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-18-0142.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-18-0142.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-18-0142","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/70676/180142.pdf","body":"<<<PAGE 1>>>\n\n0\nU.S. Department\nof Transportation\nPlpellne and Hazardous\nMaterlale Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 2059. 0\nDEC 2 0 20\\8\nMr. Jeff Koon\nDirector of Engineering\nLifetime Brands, Inc.\n2311 W. 22nd Street\nSuite 200\nOak Brook, IL 60523\nReference No. 18-0142\nDear Mr. Koon:\nThis letter is in response to your November 14, 2018, email and subsequent phone call\n· requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180)\napplicable to hazard communication requirements for packages containing lithium button cell\nbatteries installed in equipment. Specifically, you ask whether packages containing lithium\nbutton cell batteries installed in equipment must display the lithium battery mark in accordance\nwith§ l 73.185(c)(3).\nThe answer is no. Packages containing only lithium button cell batteries installed in equipment,\nincluding circuit boards, that comply with the requirements of§ 173 .185( c) are not required to\ndisplay the lithium battery mark. This applies regardless of the number of packages per\nconsignment, the number of pieces of equipment per package, or the number of lithium button\ncell batteries installed in each piece of equipment.\nI hope this information is helpful. Please contact us if we can be of further assistance.\n~~ uk~%nde~~\nChief, Standards Development Branch\nStandards and Rulemaking Division\n\n<<<PAGE 2>>>\n\nJanuary, lkeya CTR (PHMSA)\nFrom: INFOCNTR (PHMSA)\nSent:\nTo:\nSubject: Thursday, November 15, 2018 11:01 AM\nHazmat Interps\nFW: Request for letter of interpretation\nHello Alice and lkeya,\nBelow is a request for letter of interpretation. We told him the answer because of an IG but could not find an actual\nletter that answered his question.\nThanks,\nJonathon, HMIC\nFrom: Jeff Koon [mailto:jkoon@filamentbrands.com]\nSent: Wednesday, November 14, 2018 4:54 PM\nTo: INFOCNTR (PHMSA) <INFOCNTR.INFOCNTR@dot.gov>\nCc: Ajit Shanbhag <ashanbhag@filamentbrands.com>\nSubject: Request for letter of interpretation\nJeff Koon\nPhone#:630-468-5247\nEmail: jkoon@filamentbrands.com\nPhysical address:\nTaylor Precision Products\nAnn: Jeff Koon\n2311 W. 22nd Street, Suite 200\nOak Brook, IL 60523\nI am writing specifically in regards to 49 CFR 173.185 (c) (3)\n(3) Hazard communication. Each package must display the lithium battery mark except when a package contains\nbutton cell batteries installed in equipment (including circuit boards), or no more than four lithium cells or two lithium\nbatteries contained in equipment, where there are not more than two packages in the consignment.\nThe questions are:\n1. Does this statement \"where there are not more than two packages in the consignment.\" at the end of this\nsection apply back to button cell batteries installed in equipment?\n2. Are all lithium button cell batteries contained in equipment exempt from hazard communication labeling?\nFor example this section has two unique and separate exemptions and these are them (1&2 below):\nEach package must display the lithium battery mark except when\n1. A package contains button cell batteries installed in equipment (including circuit boards)\nOr\n2. No more than four lithium cells or two lithium batteries contained in equipment, where there are not more\nthan two packages in the consignment.\nWe have been instructed by a customer that we have to apply the UN 3091 label\n1\n\n<<<PAGE 3>>>\n\nto our products that have lithium button cell batteries contained in the equipment.\nBecause, even though they are lithium button cell batteries contained in equipment there will always be more than two\npackages in our consignments to them. They are interpreting the section as:\n(3) Hazard communication. Each package must display the lithium battery mark except when a package contains\nbutton cell batteries installed in equipment (including circuit boards), where there are not more than two packages in\nthe consignment.\nWe need written confirmation of the correct application of this exemption.\nThank you,\nJeff Koon I Director of Engineering I Lifetime Brands, Inc.\n2311 W. 22nd Street, Suite 200 I Oak Brook, IL 60523\nPhone: 630.468.5247 I Fax: 630.954.1275\nE-mail: jkoon@filamentbrands.com\nCONFIDENTIALITY NOTICE: This transmission and the information contained herein is privileged, confidential and\nproprietary information intended only for the addressee. If you are not the addressee, you are hereby notified\nthat any disclosure, dissemination, distribution, copying or use of the contents of this transmission is not\nallowed and expressly prohibited. If you received this transmission in error, please destroy it and notify the\nsender immediately.\n2","truncated":false,"body_characters":4630}