{"operation":"document","citation":"03-0207","title":"Nexergy, Inc — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2004-06-21","effective_on":null,"summary":"03-0207 response to Nexergy, Inc concerning 173.185.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-03-0207.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-03-0207.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-03-0207","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2003/030207.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nJUN 2 1 2004\n400 Seventh St., S.W.\nSpecial Programs\nResearch and\nWashington, D.C. 20590\nAdministration\nMr. Philip J. Glandon\nRef No.: 03-0207\nPresident\nNexergy, Inc\n1909 Arlingate Lane\nColumbus, OH 43228\nDear Mr. Glandon:\nThis is in response to your two letters, both dated August 11, 2003, concerning\nare contained in Section 38.3.2.1 of the United Nations Manual of Tests and Criteria and\nare implemented through the provisions of 49 CFR 173.185. Your scenarios are\nparaphrased and answered below:\nScenario 1: Nexergy is a battery pack assembler. Nexergy assembles a lithium ion\nbattery pack (Model No. 123) using nine 2.0 ampere-hour cells\nmanufactured by ABC Company. The cells have passed the testing\nrequirements under the IN Manual of Tests and Criteria. The Nexergy\nbattery pack is tested and passes the UN tests. Nexergy now wants to\nassemble the same model battery pack using \"substantially equivalent\"\ncells from another cell manufacturer, XYZ Corporation, which also have\npassed the UN tests. Is this a new design type which must be retested or\nmay Nexergy use the test results from its original tests to satisfy the\nrequirements for this battery pack?\nAnswer 1:\nIf the cells from XYZ Corporation are \"substantially equivalent\" to the\ncells from ABC Company and the design of the battery pack remains\nunchanged, the battery pack is not considered a new design type and need\nnot be retested. If the cells or battery pack are changed in any way that\ncould affect test results for the battery pack, then it is a new design type\nand needs to be retested.\nA cell or battery is deemed to be \"a new design type\" if the change in\nvhichever is greater, or the change would materially affect the test results\nnass to the cathode, anode or electrolyte is more than 0.1 grams or 20%\nScenario 2:\nNexergy assembles a lithium ion battery pack using specifications\n(circuitry, safety features, etc.) for the battery pack design provided by the\ncustomer. The Nexergy battery pack is tested and passes the UN tests.\nThe customer then contracts with Smith Battery Company (Smith) to\n173.185\n030207\n\n<<<PAGE 2>>>\n\nproduce the same battery pack design using the same specifications and\ncells. May Smith rely on Nexergy's test results to determine that a battery\npack manufactured by a different company also passes the United Nations\nManual of Tests and Criteria or must the battery pack be retested?\nAnswer 2:\nIf a lithium ion battery and cell is not \"substantially equivalent\" from the\ntested design, the lithium ion battery and cell must be tested. However, if\nit can be established that a new lithium ion battery and cells are\n\"substantially equivalent\" to the tested design type, retesting is not\nrequired. Therefore, a battery design that contains cells that are\n\"substantially equivalent\" to cells in the tested design type, though from a\ndifferent manufacturer, it is not required to be retested.\nSince Smith Battery Company is a different company than Nexergy, the\nNations Manual of Tests and Criteria, Smith Battery Company may not\ncompany that originally tested the battery pack design under the United\nuse the test results representing the original company (Nexergy) unless\nspecific permission and arrangements, such as a written agreement, exist\nbetween the two companies, and Nexergy is willing to certify that the\nUN tests.\nbattery pack design manufactured by Smith Battery Company passes the\nI hope this information is helpful. Please contact us if you require additional assistance\nSincerely,\nEdward T. Mazzullo\nDirector, Office of Hazardous\nMaterials Standards\n\n<<<PAGE 3>>>\n\nAUG-19-03 TUE 02:22 PM NEXERGY INC. OHIO\nFAX NO. 614 351 2180\nP. 04/05\n....\"\nneyergy\nColumbus, OH 43221\n1909 Arlingnto Lone\n814.351.2191\nlax 614.351.2180\nwww.nexergy.com\nReer ford\nAugust 11, 2003\n3/73.185\nVia Facsimile\nMr. Edward Mazzullo\nBatteries\nDirector of Hazardous Materials Standards\nResearch and Special Programs Administration\nU.S. Department of Transportation\n09-0207\n400 7\" Street, SW\nWashington, DC 20590-\nRe: Request for Interpretation on UN Manual of Tests and Criteria for Lithium Batteries\n- Battery Pack using substantially equivalent cells from different cell manufacturers\nDear Mr. Mazzullo:\nlithium or lithium ion battery packs.\nI am writing to request a clarification on the testing requirements for new \"types\" of\nPursuant to the new Section 38.3.2.1 of the UN Manual of Tests and Criteria,\nLithium cells and batteries shall be subjected to the tests, as required by\nspecial provisions 188 and 230 of Chapter 3.3 of the Model Regulations\nprior to the transport of a particular cell or battery type. Lithium cells or\nbatteries which differ from a tested type by:\nthe cathode, to the anode, or to the electrolyte; or\n(a) A change of more than 0,1 g or 20% by mass, whichever is greater, to\n(b) A change that would materially affect the test results,\ntests.\nshall be considered a new type and shall be subjected to the required\nOhio; Gainesville, Georgia; and Escondido, California. We purchase lithium and lithium\nNexergy is a battery pack assembler with design and assembly centers in Columbus,\nion cells from various manufacturers for incorporation into our battery packs. These\npacks can contain from one to 12 cells. My question pertains to the use of cells from\ndifferent manufacturers.\n\n<<<PAGE 4>>>\n\nAUG-19-03 TUE 02:23 PM NEXERGY INC. OHIO\nFAX NO. 614 351 2180\nP. 05/05\n..•\n• On January 1, 2003, Nexergy assembled a lithium ion battery pack (Model No.\nwhich had passed the testing requirements under the UN Manual of Tests and\n123) using nine 2.0 ampere-hour cells manufactured by ABC Company and\nCriteria. The Nexergy pack also was tested and passed UN tests.\n• On December 1, 2003, Nexergy plans to begin assembling Model No. 123 using\nsubstantially equivalent cells manufactured by XYZ Corporation. The cells from\nXYZ Corporation are also compliant with the testing requirements under the UN\nManual of Tests and Criteria.\n/ Question: Is Nexergy required to test the battery pack that contains cells from\nXYZ Corporation or can it simply depend on the testing results from the original\nJanuary 1, 2003 battery pack, which utilizes cells from ABC Company?\nThank you for taking the time to consider this very important issue. I look forward to\nyour timely response.\nSincerely,\nPhilip\nGlandon\nPresident,\nNexergy, Inc.","truncated":false,"body_characters":6377}