{"operation":"document","citation":"23-0001","title":"Petra Industries, LLC — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2023-05-09","effective_on":null,"summary":"23-0001 response to Petra Industries, LLC concerning 173.22.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-23-0001.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-23-0001.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-23-0001","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/77561/230001.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nMay 9, 2023\nMr. Tyler Scott\nProduct Information Management Supervisor\nPetra Industries, LLC\n2101 S. Kelly Ave\nEdmond, OK 73013\nReference No. 23-0001\nDear Mr. Scott:\nThis letter is in response to your January 4, 2023, email requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to products containing lithium\nion batteries. In your email, you state that your company is attempting to establish a clearer\ndistinction between “UN3480, Lithium ion batteries” and “UN3481, Lithium ion batteries\ncontained in equipment” to avoid conflicts between your customers and manufacturers, as you\nare aware that many consumer electronic devices now include power bank functionality as an\nadditional feature. You cite a previously-issued Letter of Interpretation No. 16-01251\n—dated\nMay 31, 2017—which clarifies that a power bank with additional electronic accessories should\nbe described as “UN3480, Lithium ion batteries” if used to supply electric power to separate\nequipment. Finally, you provide a list of lithium battery powered products that can also charge\nexternal devices. You ask which devices should be described as “UN3480, Lithium ion\nbatteries” or “UN3481, Lithium ion batteries contained in equipment.”\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. To determine\nwhether an individual device should be described as “UN3480, Lithium ion batteries” or\n“UN3481, Lithium ion batteries contained in equipment,” one should consider the primary\npurpose of the device. For instance, if a device primarily functions as a standalone power source\nfor another device it would likely be described as “UN3480, Lithium ion batteries.” In contrast,\nif a device functions primarily for a purpose other than as a power source for another device it\nwould likely be described as “UN3481, Lithium ion batteries contained in equipment.”\n1 https://www.phmsa.dot.gov/regulations/title49/interp/16-0125\n\n<<<PAGE 2>>>\n\nIn consideration of the information you provided in your email, it is the opinion of this Office\nthat most of the devices as described in your letter are “UN3481, Lithium ion batteries contained\nin equipment.” However, the earbuds with an integrated USB-C phone charger should be\nconsidered “UN3481, Lithium ion batteries packed with equipment” (see LOI 19-01342 and 20-\n00783). This would also apply to any of the devices on your list where the battery is designed to\nprovide electrical power to another device.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n2 https://www7.phmsa.dot.gov/hazmat/interpretations/19-0134\n3 https://www.phmsa.dot.gov/regulations/title49/interp/20-0078\n\n<<<PAGE 3>>>\n\nAndrews\n23-0001\nFrom: INFOCNTR (PHMSA)\nTo: Dodd, Alice (PHMSA)\nCc: Hazmat Interps\nSubject: FW: Interpretation Response Requested\nDate: Thursday, January 5, 2023 1:35:37 PM\nAttachments: image001.png\n49CFRInterpLetter.docx\nHi Alice,\nHope your holidays were good!\nPlease see the below and attached interpretation request.\nLet me know if you need anything else from us.\nRegards,\n-Breanna\nFrom: Tyler Scott <tscott@petra.com>\nSent: Wednesday, January 4, 2023 1:35 PM\nTo: INFOCNTR (PHMSA) <INFOCNTR.INFOCNTR@dot.gov>\nSubject: Interpretation Response Requested\nSent e-mail asking for physical mailing address. He did not include it.\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.\nTo Whom it May Concern:\nIt has been brought to Petra’s attention that there is some gray area between what is a “UN3480\nProduct is a battery” and what can be considered “UN3481 Battery is contained in product/Battery is\npacked with product” and as a distributor we would like to be able to set a firm and definite line to\navoid conflicts between our customers and manufacturers. On my last call to the 49CFR, I was asked\nto submit this data for an official interpretation response.\nPer interpretation response 16-0125, a power bank with additional electronic accessories such as a\nfuel gauge or flashlight should still be considered UN3480 if it is used to supply electric power to\nseparate equipment. However, many devices contain power bank functionality as a supplemental or\nadditional feature of the product. Even devices such as a laptop, tablet, and cell phone can be used to\ncharge other devices through their ports or through wireless charging. Although that is not their\nprimary use or purpose, it could be considered a secondary functionality.\n\n<<<PAGE 4>>>\n\nCould you please provide clarification for the point of functionality at which a device should be\nconsidered a “power bank” and clarify which of the below device types should be considered\nUN3480 and which can be considered UN3481? These devices all utilize UN38.3 tested Lithium-Ion\nbatteries of different sizes and capacities and are examples of real products that our company\ninventories and ships.\nAction Camera Rechargeable Selfie Stick – Has the ability to charge the action camera but its prime\nfunctionality is as a selfie stick and to operate the shutter and record functionality of the camera.\nBattery contained inside the product.\nStereo Bluetooth Speaker with Lights – This has the primary functionality of a Bluetooth speaker but\nalso contains a wireless QI charger that can charge cell phones and other devices from the contained\nbattery. Battery is contained inside the product.\nAll-In-One Rechargeable Jump Starter – Contains a 72 PSI Air Compressor, 220 Lumen Work light,\nJump Starting Components and 10 Watt Power Bank. Battery is contained inside the product.\nRechargeable 1300 Lumen Spotlight – Large spotlight that also contains a USB port for power bank\ncapabilities. Battery is contained inside the product.\nRechargeable 200 Lumen Flashlight – Small Flashlight that also contains a USB port for power bank\ncapabilities. Battery is contained inside the product.\n20 Volt Drill – The battery that is packed with the product contains a USB port in which a cell phone\ncan be charged but it is packed with the primary equipment it is used with (the drill).\n12-in High Velocity Rechargable Fan – Runs off of a removable power bank that is shipped installed\nin the unit, however, power bank can also be removed and used to charge cell phones and other\ndevices.\nRechargeable Hand Warmer/Power Bank - Primary functionality is a hand warmer but has a\nsecondary power bank functionality.\nTrue Wireless Earbuds with Integrated USB-C Phone Charger – Like a standard pair of true wireless\nearbuds (includes the 2 earbuds each with small lithium ion batteries) but has a larger 3000mAh\nbank battery and a USB-C port that can be plugged in to charge a phone.\nAM/FM Emergency Crank Radio – Battery is contained inside, has a Weather Radio, Flashlight,\nHandcrank and Solar Panel but also a USB port that can be used to charge external devices.\n1500 Lumen Worklight and Fan Combo – Battery is contained inside, contains 2 USB Ports for\ncharging devices.\nWater Bottle Bluetooth Speaker Powerbank – Battery is contained inside Bluetooth speaker located\nunderneath the waterbottle, has a single USB port for charging external devices.\nLaptop Computer – Battery is contained in the product, Product can charge other devices through\nit’s USB-C and USB port.\n\n<<<PAGE 5>>>\n\nThank you for your time in reviewing each item type and I will be looking forward to the official\nresponse.\nTyler Scott\nProduct Information Management Supervisor\nPetra Industries, LLC\np: 405-216-2100 ext. 5283\nf: 405-216-2102\nThe Right Distributor Changes Everything.™\nwww.petra.com\n2101 S Kelly Ave, Edmond, OK 73013.\n\n<<<PAGE 6>>>\n\np: 405-216-2100\nf: 405-216-2102\nwww.petra.com\n2101 S. Kelly | Edmond, OK 73013\nP.O. Box 6190 | Edmond, OK 73083-6190\nTo Whom it May Concern:\nIt has been brought to Petra’s attention that there is some gray area between what is a “UN3480\nProduct is a battery” and what can be considered “UN3481 Battery is contained in\nproduct/Battery is packed with product” and as a distributor we would like to be able to set a\nfirm and definite line to avoid conflicts between our customers and manufacturers. On my last\ncall to the 49CFR, I was asked to submit this data for an official interpretation response.\nPer interpretation response 16-0125, a power bank with additional electronic accessories such as\na fuel gauge or flashlight should still be considered UN3480 if it is used to supply electric power\nto separate equipment. However, many devices contain power bank functionality as a\nsupplemental or additional feature of the product. Even devices such as a laptop, tablet, and cell\nphone can be used to charge other devices through their ports or through wireless charging.\nAlthough that is not their primary use or purpose, it could be considered a secondary\nfunctionality.\nCould you please provide clarification for the point of functionality at which a device should be\nconsidered a “power bank” and clarify which of the below device types should be considered\nUN3480 and which can be considered UN3481? These devices all utilize UN38.3 tested\nLithium-Ion batteries of different sizes and capacities and are examples of real products that our\ncompany inventories and ships.\nAction Camera Rechargeable Selfie Stick – Has the ability to charge the action camera but its\nprime functionality is as a selfie stick and to operate the shutter and record functionality of the\ncamera. Battery contained inside the product.\nStereo Bluetooth Speaker with Lights – This has the primary functionality of a Bluetooth speaker\nbut also contains a wireless QI charger that can charge cell phones and other devices from the\ncontained battery. Battery is contained inside the product.\nAll-In-One Rechargeable Jump Starter – Contains a 72 PSI Air Compressor, 220 Lumen Work\nlight, Jump Starting Components and 10 Watt Power Bank. Battery is contained inside the\nproduct.\nRechargeable 1300 Lumen Spotlight – Large spotlight that also contains a USB port for power\nbank capabilities. Battery is contained inside the product.\nRechargeable 200 Lumen Flashlight – Small Flashlight that also contains a USB port for power\nbank capabilities. Battery is contained inside the product.\nThe Right Distributor Changes Everything.™\n\n<<<PAGE 7>>>\n\np: 405-216-2100\nf: 405-216-2102\nwww.petra.com\n2101 S. Kelly | Edmond, OK 73013\nP.O. Box 6190 | Edmond, OK 73083-6190\n20 Volt Drill – The battery that is packed with the product contains a USB port in which a cell\nphone can be charged but it is packed with the primary equipment it is used with (the drill).\n12-in High Velocity Rechargable Fan – Runs off of a removable power bank that is shipped\ninstalled in the unit, however, power bank can also be removed and used to charge cell phones\nand other devices.\nRechargeable Hand Warmer/Power Bank - Primary functionality is a hand warmer but has a\nsecondary power bank functionality.\nTrue Wireless Earbuds with Integrated USB-C Phone Charger – Like a standard pair of true\nwireless earbuds (includes the 2 earbuds each with small lithium ion batteries) but has a larger\n3000mAh bank battery and a USB-C port that can be plugged in to charge a phone.\nAM/FM Emergency Crank Radio – Battery is contained inside, has a Weather Radio, Flashlight,\nHandcrank and Solar Panel but also a USB port that can be used to charge external devices.\n1500 Lumen Worklight and Fan Combo – Battery is contained inside, contains 2 USB Ports for\ncharging devices.\nWater Bottle Bluetooth Speaker Powerbank – Battery is contained inside Bluetooth speaker\nlocated underneath the water bottle, has a single USB port for charging external devices.\nLaptop Computer – Battery is contained in the product, Product can charge other devices\nthrough it’s USB-C and USB port.\nThank you for your time in reviewing each item type and I will be looking forward to the official\nresponse.\nTyler Scott\nProduct Information Management Supervisor\nThe Right Distributor Changes Everything.™","truncated":false,"body_characters":12369}