Wiley Rein & Fielding LLP — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation 400 Seventh Street, S.W. Washington, D.C. 20590 Pipeline and Administration lazardous Materials Safet MAR 18 2005 Mr. George A. Kerchner Ref. No: 05-0036 1776K Street NW Wiley Rein & Fielding LLF Washington, DC 20006 Dear Mr. Kerchner: This is in response to your letter requesting clarification on the testing of lithium batteries and cells. Specifically you asked for clarification of the requirements of the UN Thermal Test (Test 2) under section 38.3.4.2 of the United Nations Recommendations on the Transport of Dangerous Goods, Manual of Tests and Criteria for determining the percentage mass loss criteria for lithium and lithium ion batteries and cells. The method used for determining the "Percentage Mass Loss Criteria" of a lithium battery or cell observed during the UN lithium battery thermal test (Test 2) is limited to the mass loss that is directly attributed to the lithium battery or cell. Mass loss that can be attributed to packaging components (e.g., plastics, foam, potting compound, tape, etc.) should not be considered in calculating the percent of mass loss for the UN Thermal Test (Test 2). I hope this information is helpful. Please contact us if you require additional assistance Sincerely, pes Chief, Standards Development Office of Hazardous Materials Standards 173.185 050036#

Page 2Belerford wil Wiley Rein & Fielding LLP 3173.185 Lithium Batteries 05-0036 WASHINGTON, DC 20006 1776 K STREET NW February 11, 2005 202.719.4109 George Kerchner FAX PHONE 202.719.7049 202.719.7000 gkerchner@wrf.com Virg nia Office Mr. Edward Mazzullo SUITE 6200 7925 JONES BRANCH DRIVE Director of Hazardous Materials Standards MCLEAN, VA PHONE 703.905.2800 22102 Research and Special Programs Administration U.S. Department of Transportation FAX 703.905.2820 400 7" Street, SW Washington, DC 20590 www.wrf.com Re: Request for Interpretation on UN Lithium Battery Thermal Test Dear Mr. Mazzullo: I am writing to request a clarification from your office on the mass loss limits contained in the UN Thermal Test (Test 2) for lithium and lithium ion cells and batteries found at section 38.3.4.2 in the UN Manual of Test and Criteria, Fourth Revised Edition. Instructions require primary lithium and rechargeable lithium ion cells and batteries As you are aware, 49 CFR § 173.185 of the HMR and ICAO Technical be tested pursuant to a series of tests found in the UN Manual of Tests and Criteria. The Thermal Test is one of eight UN tests that must be conducted on these cells or batteries. The purpose of the Thermal Test is to "assess cell and battery seal integrity and internal electrical connections" using rapid and extreme temperature changes. Cells and batteries meet the requirements of the Thermal Test if there is "no mass loss, no leakage, no venting, no disassembly, no rupture and no fire and if the open circuit voltage of each test cell or battery after testing is not less than 90% of its voltage immediately prior to this procedure." "Mass loss" is defined in the UN Manual of Tests and Criteria as a loss of mass that exceeds the values shown in the table below. To quantify mass loss, the following formula must be used: Mass loss (%) = (M1- M2) x 100 MI Mass M of cell or Mass loss limit battery M<1 g 0.5 % 1g< M <5g 0.2% M ≥ 5 g 0.1%#

Page 3Wiley Rein & Fielding LLP Mr. Edward Mazzullo Page 2 February 11, 2005 Unfortunately it is not clear from the requirements of the Thermal Test/ compound, or tape should be considered when calculating total mass loss. It whether mass loss from such battery pack components as plastic, foam, potting appears the true intent of this test is ensure there is no mass loss from cells, no leakage, venting, disassembly, rupture, or fire, and the seal integrity and internal electrical connections are not compromised. A small mass loss, often due to moisture retention, from battery pack components such as plastic, foam, potting compound or tape certainly would not present any safety risks in transport provided the cell and battery seal integrity and internal electrical connections are intact and all other requirements of the Thermal test are met. This type of mass loss can be measured by testing these battery pack components separately from the cells. I am therefore requesting clarification from RSPA on the following issue: If a lithium or lithium ion battery pack meet the testing requirements of the UN Thermal Test except the mass loss limits, and it can measured that the mass loss came from such battery components as considered as having passed the Thermal Test provided the cell and plastic, foam, potting compound, or tape, can these batteries be battery seal integrity and internal electrical connections are intact? Thank you for taking the time to consider this very important issue. I look forward to your timely response. Sincerely, George A. Kerchner George A. Kerchner WRFMAIN 12298183.1#