MSC Industrial Direct — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue, SE Washington, DC 20590 May 2, 2019 David Cox Senior Regulatory Compliance Specialist MSC Industrial Direct 75 Maxess Road Melville, NY. 11747 Reference No. 18-0161 Dear Mr. Cox: This letter is in response to your December 21, 2018, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to lithium batteries. Specifically, you ask if clothing that contains lithium cells or batteries ( e.g., heated jackets/vests, promotional flashing LED hats, flashing LED sneakers, etc.) meets the definition of "equipment" in § 173 .185. You provide specific information on a heated jacket with removable sleeves for reference. The answer is yes. Section 173 .185 defines "equipment" as the device or apparatus for which the lithium cells or batteries will provide electrical power for its operation. In the examples provided, the lithium cells or batteries provide power to the heating element or LED in the jackets/vests, hats, sneakers, etc. Therefore, the piece of clothing containing the lithium cells or batteries would be considered "equipment" for the purposes of the HMR. Section 173 .185(b )( 4) provides the general packaging requirements for lithium batteries contained in equipment. Paragraph (i) states that, when used, the outer packaging must be constructed of suitable material of adequate strength and design in relation to the capacity and intended use of the packaging, unless the lithium cells or batteries are afforded equivalent protection by the equipment in which they are contained. It is the opinion of this Office that the clothing in the examples from your email may not provide equivalent protection for the lithium cells and batteries that they contain and therefore may require rigid outer packaging. Please note that when equipment containing lithium cells or batteries is placed in an outer package, § 173.185(b)(4)(ii) requires the equipment to be secured against movement and packed to prevent accidental operation during transport. I hope this information is helpful. Please contact us if we can be of further assistance. Sincerely, ~~~~ T. Glenn Foster Chief, Regulatory Review and Reinvention Standards and Rulemaking Division#

Page 2January, lkeya CTR (PHMSA) From: INFOCNTR (PHMSA) Sent: To: Subject: Attachments: Friday, December 21, 2018 2:53 PM Hazmat Interps FW: Request for Letter of Interpretation Heated Jacket with Lithium ion Batteries.pdf Importance: High Hello Alice and lkeya, Please see the letter of interpretation request below and the attached document. We did not find an existing letter that addressed David's questions. Thanks, Lynsie Patschke Transportation Regulatory Specialist Hazardous Materials Information Center (HMIC) From: David Cox [mailto:coxd@mscdirect.com] Sent: Friday, December 21, 2018 12:29 PM To: INFOCNTR (PHMSA) <INFOCNTR.INFOCNTR@dot.gov> Subject: Request for Interpretation - detailed explanation of Equipment, Device or Apparatus Importance: High Good Morning, In 49 CFR 173.185, "Equipment means the device or apparatus for which the lithium cells or batteries will provide electrical power for its operation." Attached is an example of an item (Heated Jacket with Lithium ion battery): Does Clothing such as Heated Jackets, Heated Vests, Promotional Flashing LED Hats (Lithium metal coin cells), Flashing LED Children's Sneakers (Lithium metal coin cells) meet the definition of "Equipment" or are these considered to be "Accessories" or something else ? If they are considered to be "Accessories" and NOT "Equipmenf', what is the PHMSA definition of "Accessories" with regard to Lithium Batteries in 49 CFR 173.185 and how do these items get classified and shipped (for example, as UN3090 Lithium metal cells / batteries or UN3480 Lithium ion cells/ batteries by themselves)? 1#

Page 3Please provide detailed information and guidance. Thank you, David Cox Sr. Regulatory Compliance Specialist, CHMM, CDGP Tel: 516-812-1218 Fax: 516-812-1568 E-mail: Coxd@mscdirect.com This message contains confidential information and is intended only for the individual(s) named. If you are not the named addressee you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately if you have received this e-mail in error and delete this e-mail from your system. DISCLAIMER: This e-mail is intended for the use of the addressee(s) only and may contain privileged. confidential, or proprietary infom1ation that is exempt from disclosure under law. If you are not the intended recipient, please do not read, copy, use or disclose the contents of this communication to others. Please notify the sender that you have received this e-mail in error by replying to the e-mail. Please then delete the e-mail and destroy any copies of it. Thank you. 2#

Page 4Ergodyne, Div of Tenacious Holdings, Inc. 1021 Bandana Boulevard East Suite 220 St Paul, MN 55108 Phone: 800-225-8238 or +1 (651 )642-9889 www.ergodyne.com Coordinates 44°58'15.5"N 93°9'8.9"W ALT: 930Ft N-Ferno® 6490 Heated Jacket WI Removable Sleeves Item Number - Color - Size • 41403- Black- M • 41407 - Black - 3XL • 41406 - Black- 2XL • 41404-Black-L • 41405 - Black - XL Order in Multiples of: 1 Outer Layer/ Heated Jacket WI Removable Sleeves Includes the 6490J Heated Jacket W/Removable Sleeves (includes adapter extension wire), the 6490B Rechargeable 7.4V Lithium Ion Battery, and 6490W Battery Wall Charger. Features • 2 heat zones distribute heat to core body regions: front chest and back • 3 heat settings: high, medium, low • Preheat mode option for increased warm up time • Adapter extension wire allows user to heat jacket from alternative power source • Easy touch controller button to navigate through heat settings and pre-heat option • Up to 9 hours of continuous heat on low setting, 5 hours on medium setting, and 3 hours on high setting • Water and wind resistant outer shell • Soft, warm fleece lining. • 3 external pockets • Convenient battery holder pocket inside jacket with zipper closure • Rechargeable Battery: 7.4V, 5200 MAH Lithium Ion Battery • Replaceable parts available: 6490B battery, 6490W battery wall charger • Optional accessory: 6490C cigarette converter allows user to heat jacket without battery • Removable sleeves zip off for vest option • Wall Charger, compatible with 7.4V Lithium Ion battery Application • Road Construction • Heavy Construction • Building Construction • Iron/Steel Work • Oil/Gas Refining • Drilling/Mining • FreighUBaggage • Warehousing/Distribution • Landscaping/Grounds For more information, visit https://www.~ne.com/warming/heated-clothing- accessories/n-ferno-6490-heated-iacket-removable-sleeves.html _dmSetDomain("ergodyne.com"); •#