{"operation":"document","citation":"22-0032","title":"Shanghai Research Institute of Chemical Industry Testing Company, Ltd. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2022-07-21","effective_on":null,"summary":"22-0032 response to Shanghai Research Institute of Chemical Industry Testing Company, Ltd. concerning 173.22.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-22-0032.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-22-0032.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-22-0032","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/76656/220032_2.pdf","body":"<<<PAGE 1>>>\n\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\nJuly 21, 2022\nBin Fan\nSenior Engineer\nShanghai Research Institute of Chemical Industry Testing Company, Ltd.\nNo. 2779 Guangfu West Road, Putuo District\nShanghai, China\nReference No. 22-0032\nDear Ms. Fan:\nThis letter is in response to your April 10, 2022, email requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to the classification and\ndescription of an e-cigarette that contains a lithium ion battery. You provided four photographs\nillustrating the e-cigarette and other equipment and ask questions on how to properly classify and\ndescribe the product for purposes of packaging, hazard communication, and transportation.\nWe have paraphrased and answered your questions as follows:\nQ1. You ask whether the e-cigarette packaged together with a charger should be described as\n“Lithium ion batteries packed with equipment”—which is subject to packing instruction\n(PI) 966 in accordance with the International Civil Aviation Organization Technical\nInstructions (ICAO TI) on the Transport of Dangerous Goods by Air—or should the\ne-cigarette packaged together with a charger be described as “Lithium ion batteries”\nsubject to PI 965 in accordance with the ICAO TI.\nA1. Please note, in accordance with § 173.22, it is the shipper’s responsibility to properly\nclassify and describe a hazardous material, as this Office does not perform that function.\nFurthermore, in accordance with § 173.185 of the HMR, the term “equipment” is defined\nas the device or apparatus for which the lithium cells or batteries provide electrical power\nfor its operation. For example, a charger (i.e., a spare battery) may provide power to an e-\ncigarette (i.e., equipment).\nQ2. Since the e-cigarette and charger can be shipped separately and because the charger and\ne-cigarette both contain a lithium ion battery, you ask how to describe each component\nwhen they are transported in separate packages.\n\n<<<PAGE 2>>>\n\nA2. Ultimately, it is the shipper’s responsibility to properly classify and describe a hazardous\nmaterial, but it is the opinion of this office that an e-cigarette packaged and shipped\nwithout the charger should be described as “UN3481, Lithium ion batteries contained in\nequipment including lithium ion polymer batteries, 9” and shipped accordingly. If the\ncharger is packaged and shipped without the e-cigarette, it should be described as\n“UN3480, Lithium ion batteries including lithium ion polymer batteries, 9” and shipped\naccordingly.\nQ3. You ask if the material contains a heating rod, a battery management unit (BMU), and a\nlithium ion battery—with no atomizer—can you describe the material as equipment or a\ncharger. In addition, you ask if the atomizer was integrated in the e-cigarette, could you\nconsider the e-cigarette as “equipment” since the lithium ion battery from the e-cigarette\nprovides electricity to the atomizer.\nA3. If the device contains no atomizer, it would be considered “UN3480, Lithium ion\nbatteries including lithium ion polymer batteries, 9” for shipping purposes. If the device\ncontains an atomizer, it would be described as “UN3481, Lithium ion batteries contained\nin equipment including lithium ion polymer batteries, 9.”\nQ4. You ask if the e-cigarette contains both a flammable liquid component and a lithium ion\nbattery, what is the appropriate description and classification for purposes of shipping.\nA4. It is the shipper’s responsibility to properly classify and describe a hazardous material;\nyet, it is the opinion of this Office that an e-cigarette powered by a lithium ion battery\nand containing a flammable liquid component may potentially be classified and\ndescribed as “UN3540, Articles containing flammable liquid, n.o.s., 3.” Because the\nclassification and description of a hazardous material are dependent on the type and\nquantity of material; absent more specific information, it is difficult to specify the most\nappropriate classification and description for equipment having both a flammable liquid\ncomponent and a miscellaneous hazard component (e.g., a lithium ion battery).\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<<<PAGE 3>>>\n\nBaker\n22-0032\nFrom: Foster, Glenn (PHMSA)\nTo: Subject: Date: Dodd, Alice (PHMSA); Hillman, Kenetha CTR (PHMSA)\nFW: Problems on Classification of E-cigarette\nWednesday, April 20, 2022 12:26:41 PM\nAttachments: E-cigarette-0420.docx\nAlice and Kenetha,\nCan you of you process this as a request for a LOI and assign, please?\nThanks,\nGlenn\nFrom: Leary, Kevin (PHMSA) <Kevin.Leary@dot.gov>\nSent: Wednesday, April 20, 2022 11:54 AM\nTo: Kelley, Shane (PHMSA) <shane.kelley@dot.gov>; DerKinderen, Dirk (PHMSA)\n<Dirk.DerKinderen@dot.gov>; Foster, Glenn (PHMSA) <Glenn.Foster@dot.gov>\nCc: Nickels, Matthew (PHMSA) <Matthew.Nickels@dot.gov>; Pfund, Duane (PHMSA)\n<Duane.Pfund@dot.gov>\nSubject: FW: Problems on Classification of E-cigarette\nHi Shane, I recommend processing this as an interp request. I know PHMSA has issued some letters\nabout lithium battery powered devices and charging cases e.g. ear buds but the other questions\nposed in the attached look like they go beyond what we have already written. Considering the\nscenario specific nature of the letter and the modal (air) references I think it best to develop a\ncoordinated response.\nKevin\nFrom: 范宾 <fb@ghs.cn>\nSent: Wednesday, April 20, 2022 6:56 AM\nTo: Kelley, Shane (PHMSA) <shane.kelley@dot.gov>; Leary, Kevin (PHMSA) <Kevin.Leary@dot.gov>\nSubject: Problems on Classification of E-cigarette\nCAUTION: This email originated from outside of the Department of Transportation (DOT). Do\nnot click on links or open attachments unless you recognize the sender and know the content\nis safe.\nDear Shane and\nWe are from Shanghai Research Institute of Chemical Industry Testing Co., Ltd, and met you at TDG\nmeeting in Geneva or on line. I hope this email finds you well.\nWe are now experiencing a lockdown in Shanghai because of the pandemic COVID-19, but,\nfortunately, it seems that things are getting better recently.\nI am writing to ask your opinions on the classification of some e-cigarette products, as you can\nfind in the attached document.\n\n<<<PAGE 4>>>\n\nRecently, there is an increasing amount of e-cigarettes transported to and from Mainland\nChina,including those new ones listed in the document, which we cannot come to an agreement\non how they should be classified. We have heard from the industry that about 60% of e-cigarettes\nproduced in China will be exported to the United States, so we would like to know how US experts\nclassify such products. It would be highly appreciated if you could help.\nMany thanks in advance.\nRegards,\n--\n范宾 Fanbin\n教授级高工 Senior Engineer\ne-mail: fb@ghs.cn\n公司(Company)： 上海化工院检测有限公司 Shanghai Research Institute of\nChemical Industry Testing Co., Ltd,\n地址(Adress)：上海市云岭东路345号\n电话(Tel)：31015112\n网址(website)：www.ghs.cn\n\n<<<PAGE 5>>>\n\nIssue 1:\nElectronic cigarette set (picture as below)\nThe set contains the cigarette itself and a charger which can charge the E-cigarette. It is quite\nsimilar to the Bluetooth earbuds. The charger can also store power in the lithium battery inside\nit and provide the power to the cigarette. For the Bluetooth earbuds, it is informed that\nearbuds set can be classified as PI966. Then how about this kind of set? Can the charger which\nshipped together with the cigarette in the set also be classified as PI966? Or we must define\nit as a power bank and classify it as PI965.\nIssue 2:\nSectional part of the E-cigarette may also be shipped separately. We met different and\ncomplex situation. As picture below shows, it is a heating rod with BMU（Battery Management\nUnit） and lithium battery. There is no atomizer in it. How can we define it in this way?\nEquipment or simply charger?\n\n<<<PAGE 6>>>\n\nbattery BMU/PCBA\nIf the atomizer is integrated with it, can we classify it as an equipment since the battery\nprovides the electricity to the atomizer and makes it work?\n1\n2 3\n1: atomizer 2: BMU/PCBA 3: battery\nIssue 3\nAs we know, the main contents of the cartridge are glycerol and propylene glycol, which are\nnot flammable. But there are exceptions. If the oil in the cartridge of E-cigarette contains\nflammable liquids and be shipped with the lithium battery in one article, which UN No. will\nbe more suitable? We understand for the cartridge (containing flammable liquids) alone it\nshall be UN3363 and for the lithium battery alone it shall be UN3480 or UN3481. If these\ntwo kinds of miscellaneous dangerous goods were put together in an article, how can we\nclassify it? Shall we assign it UN3548? Then the goods will be forbidden in air transport.","truncated":false,"body_characters":8878}