{"operation":"document","citation":"22-0102","title":"Transportation Development Group, LLC — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2022-11-07","effective_on":null,"summary":"22-0102 response to Transportation Development Group, LLC concerning 173.185.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-22-0102.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-22-0102.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-22-0102","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/76946/220102.pdf","body":"<<>>\n\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\nNovember 7, 2022\nMr. Jim Powell\nPresident\nTransportation Development Group, LLC\n190 W. Continental Road\nSuite 216-401\nGreen Valley, AZ 85614\nReference No. 22-0102\nDear Mr. Powell:\nThis letter is in response to your September 23, 2022, email requesting clarification of the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to a lithium battery\ncontained in equipment. Specifically, you state that your client ships a portable headset for\nhearing tests that is packed in a hard-shell impact resistant Pelican™ case. You also state that the\nportable headset is powered by a lithium polymer cell that is less than 20 Watt-hours (Wh) and—\nto prevent accidental activation of the equipment—the device uses a power management\nintegrated circuit placed in “factory shipping mode” which prevents any electrical current from\nbeing drawn from the cell except for a very small electrical current of 0.23 microamps (µA)1\n.\nYou further note that pressing the power button while in “factory shipping mode” has no effect\non the device, and the portable headset can only be turned on and activated if a USB charging\ncable is connected. Therefore, you ask whether the packing method of the portable headset—as\ndescribed—would comply with the requirements of § 173.185(b)(2)(iii) to prevent accidental\nactivation of the equipment.\nAdditionally, you state the portable headset also contains a real-time clock that is powered by a\nsmall, non-rechargeable coin cell battery with a lithium content that is less than 0.1 grams. When\nthe portable headset is shipped in “factory shipping mode,” the real-time clock draws a small\nelectrical current of 0.67 µA to keep track of time. You ask whether this would satisfy the\nrequirements of § 173.185(b)(2)(iii) as well.\n1 µA is a unit of electric current, equal to one millionth of an ampere.\n\n<<>>\n\nBased on the information you have provided; it is the opinion of this Office that the manner of\npacking as described for both scenarios would comply with the requirements of\n§ 173.185(b)(2)(iii) for prevention of accidental activation of the equipment.\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\nBaker\n22-0102\nFrom: INFOCNTR (PHMSA)\nTo: Subject: Date: Dodd, Alice (PHMSA); Hazmat Interps\nFW: Interpretation Request Sept 23. 2022 173.185(b)(2)(iii)\nFriday, October 7, 2022 11:53:25 AM\nAttachments: PHMSA_Interpretation_Request_02_Creare.pdf\nHi Alice and team,\nPlease see the attached interp request. Thanks.\nBest,\nRachel (HMIC)\nFrom: Jim Powell \nSent: Friday, September 23, 2022 6:34 PM\nTo: INFOCNTR (PHMSA) ; INFOCNTR (PHMSA)\n\nCc: Eric Yuan ; Josey Dentzer ; Jim Powell\n\nSubject: Interpretation Request Sept 23. 2022 173.185(b)(2)(iii)\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.\nAttached is an interpretation request. Please acknowledge receipt of this at DOT PHMSA.\nThank you\nJim Powell\n1-808-280-6047\n\n<<>>\n\nTransportation Development Group LLC\n190 W. Continental Rd Ste 216-401\nGreen Valley, AZ 85614\n1-808-280-6047 Direct | 1-800-949-4834\nSeptember 23, 2022\nPipeline Standards and Rulemaking\nU.S. Department of Transportation, Pipeline and Hazardous Materials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nEmail pdf to infocntr@dot.gov Phone: 202-366-8553\nInterpretation request – Lithium Batteries, 49 CFR 173.185(b)(2)(iii)\nOur client ships a portable headset used for hearing tests, which is packed in a hard-shell,\nimpact-resistant Pelican case. The headset is powered by a lithium-polymer cell (<=20W)\nthat is contained in the equipment.\nOur question is whether the following means of protection satisfies the requirements of 49\nCFR 173.185(b)(2)(iii), which states that lithium cells contained in equipment must be\n“packaged in a manner to prevent accidental activation of the equipment.”\nBrief Description of the Electronics\nTo prevent accidental activation, the device uses a Power Management IC (PMIC) that is\nplaced in factory shipping mode. In this shipping mode, the device is prevented from\nturning on until the user connects a USB charging cable. Pressing the power button in\nshipping mode has no effect on the device. Though the battery is still electrically\nconnected to headset electronics, the PMIC blocks any current from bring drawn, save for\na small leakage current (0.23 uA).\nAs the PMIC blocks the device from turning on, we believe that the device satisfies the 49\nCFR requirements for preventing activation during shipment.\n1\n\n<<>>\n\nFollow-on Question: Protection for Small Coin (Button) Cells\nThe headset also contains a real-time clock that is powered by a small, non-rechargeable\ncoin cell (lithium content <= 0.1gm). When the headset is placed in shipping mode, the\nreal-time clock draws a small amount of current (0.67uA) to keep track of time. Is this\nsufficient to satisfy the 49 CFR requirement to prevent accidental activation of the\nequipment?\nThank you in advance for your guidance, and please do not hesitate to reach out with any\nquestions.\nSincerely,\nJim Powell, DGSA, CDGP\nPresident\nTransportation Development Group LLC\njim@dgtraining.com 1-808-280-6047\n2","truncated":false,"body_characters":5684}