{"operation":"document","citation":"20-0078","title":"Starkey Laboratories, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2021-04-16","effective_on":null,"summary":"20-0078 response to Starkey Laboratories, Inc. concerning 173.185, 173.22.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-20-0078.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-20-0078.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-20-0078","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/74921/200078.pdf","body":"<<>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nApril 16, 2021\nDawn Gardner\nStarkey Laboratories, Inc.\n6700 Washington Ave S\nEden Prairie, MN 55344\nReference No. 20-0078\nDear Ms. Gardner:\nThis letter is in response to your September 16, 2020, letter requesting clarification of the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the description of\na lithium battery-powered device. In your letter, you state that your company manufactures a\nproduct comprised of a set of hearing aids and a portable case that contains a lithium ion battery.\nYou state that the case: (1) may be used to provide power to the set of hearing aids; and\n(2) performs additional functions such as:\n• Running diagnostic testing to identify any faults, reading the charge level of hearing aid\ncells, and protecting hearing aid cells from overcharge;\n• Turning the hearing aids on and off (hearing aids will not turn on without the case);\n• Triggering connectivity of the hearing aids;\n• Resetting functionality of the case and hearing aids through the push of a reset button;\nand\n• Protecting the hearing aids from mechanical abuse and humidity during storage or\ntransportation.\nAdditionally, you state that your company has reviewed previously-issued letters of\ninterpretation by PHMSA regarding hearing aid products (e.g., Ref. No. 19-0134), and your\nunderstanding is that your device is different because the case has more functionality than a\ntypical back-up power supply solely used to power a device. As such, you believe the hearing\naid case is “equipment” per § 173.185 and that the case should be described for transport as\n“UN3481, Lithium ion batteries contained in equipment, 9.”\nIn accordance with § 173.22 of the HMR, it is the shipper’s responsibility to properly classify\nand describe a hazardous material. This Office does not perform that function. However, in\nconsideration of the information you have provided, it is the opinion of this Office that your\n\n<<>>\n\nunderstanding is not correct. Section 173.185 defines “equipment” as the device or apparatus for\nwhich the lithium cells or batteries will provide electrical power for its operation. In this\ninstance, the equipment being powered are the hearing aids. While the case performs some\nadditional functions, the primary function of the case is to provide power to external pieces of\nequipment (i.e., the set of hearing aids). As such, the most appropriate shipping description to\ndescribe the portable case if shipped without the hearing aids is “UN3480, Lithium ion batteries,\n9.” The set of hearing aids if shipped separately without the case should be described as\n“UN3481, Lithium ion batteries contained in equipment, 9.” Lastly, if the hearing aids are\nshipped with the case, the appropriate description is “UN3481, Lithium ion batteries packed with\nequipment, 9.”\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nDirk Der Kinderen\nChief, Standards Development Branch\nStandards and Rulemaking Division\n\n<<>>\n\nCardez\n20-0078\nFrom: INFOCNTR (PHMSA)\nTo: Date: Attachments: Dodd, Alice (PHMSA); Hazmat Interps\nSubject: FW: Request for LOI\nFriday, September 18, 2020 12:10:32 PM\n2020.09.16 Gardner Ltr to PHMSA Requesting Letter of Interpretation.docx.pdf\nStarkey Charger Design Documents - Confidential.xlsx\nimage019.png\nimage023.png\nimage009.png\nimage015.png\nHi Alice,\nPlease see the letter of interpretation request attached. Please contact our office with any\nquestions.\nThank you,\nSarah (HMIC)\nFrom: Dawn Gardner [mailto:Dawn_Gardner@starkey.com]\nSent: Wednesday, September 16, 2020 6:19 PM\nTo: INFOCNTR (PHMSA) \nCc: Dawn Gardner \nSubject: Request for LOI\nCAUTION: This email originated from outside of the Department of Transportation (DOT). Do not click on links or\nopen attachments unless you recognize the sender and know the content is safe.\nDear Administration,\nI am submitting this request to you on behalf of Starkey Laboratories Inc for your consideration.\nPlease confirm acceptance of this letter and kindly provide verification that it is being processed\nBest Regards,\nDawn Gardner\nDawn Gardner\nDirector of Transportation and Trade Compliance | Starkey\n6425 Flying Cloud Dr. | Eden Prairie, MN 55344\nT: 952-828-9223 | M: 952-334-2739 | F: 952-828-9251\nstarkey.com | starkeypro.com | map | email\n\n<<>>\n\nNOTICE: This e-mail is intended only for the addressed party and may contain information\nthat is proprietary/confidential or otherwise protected. If you are not the named addressee, you\nare not authorized to view this message. If received in error, please contact the sender and\ndelete the communication.","truncated":false,"body_characters":4831}