{"operation":"document","citation":"05-0123","title":"Currie Associates, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2005-11-09","effective_on":null,"summary":"05-0123 response to Currie Associates, Inc. concerning 173.222.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-05-0123.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-05-0123.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-05-0123","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2005/050123.pdf","body":"<<>>\n\nof Transportation\nU.S. Department\nNashington, D.C. 20590\n00 Seventh Street, S.W\nPipeline and\nNOV 9 2005\nAdministration\nHazardous Materials Safety\nMr. Eric Adair\nReference No. 05-0123\nDirector, Training and Consulting Services\n10 Hunter Brook Lane\nCurrie Associates, Inc.\nQueensbury, New York 12804\nDear Mr. Adair:\nThis is in response to your letter and e-mails concerning how to class and transport a prototype\nultra capacitor that has no electrical charge when first shipped. You state that the device\ncontains an aluminum electrode coated with carbon surrounded by 190-215 milliliters of a 1.0\nMolar solution of tetraethylammonium tetrafluoroborate dissolved in acetonitrile. You also state\nthe solution has a flash point of approximately 38 °F, and does not meet the criteria for a\nDivision 6.1 (toxic) material. You ask whether the capacitor by itself or when installed in a\npower generation system is subject to the Hazardous Materials Regulations (HMR; 49 CFR Parts\n171-180).\nThe devices, alone or assembled into a larger power generation system, are subject to the HMR.\nUnder § 173.22, it is the shipper's responsibility to properly class a hazardous material. This\noffice does not generally perform this function. However, based on the information provided\nand consultation with our scientific staff, it is our opinion that the electrolyte solution contained\nin the ultra capacitor device is a Class 3 (flammable).\nWhen transported individually, the uncharged capacitors may be described as \"Dangerous Goods\nin Machinery, 9, UN 3363\" or \"Dangerous Goods in Apparatus, 9, UN 3363,\" since the quantity\nof hazardous material contained in each capacitor does not exceed 0.5 liters (see\nis considered a single item of equipment or single apparatus for purposes of the HMR. The\n§ 173.222(c)(2)). A completed power generation system composed of individual ultra capacitors\npower generation system must be classed and described based on the hazards that are present in\nthe system's capacitors, as defined in 49 CFR Part 173. Therefore, the system may be described\nas \"Flammable liquids, n.o.s. (acetonitrile), 3, UN 1993, PG II.\" If the power generation system\nis described as a \"Dangerous Goods in Machinery\" or \"Dangerous Goods in Apparatus\" and the\naggregate content of hazardous material in the system exceeds 0.5 liters, the system may be\ntransported only under the terms of an exemption. If a capacitor is shipped charged, either\nindividually or in a power generation system, it would also have to be shipped under the terms of\nan exemption. The requirements for applying for an exemption are found in § 107.105.\n050123\n173.222 (c)\n\n<<>>\n\nYou also ask if the ultra capacitors may be transported in accordance with § 172.102, Special\nProvision (SP) 136, which provides an exception from requirements in the HMR, with approval\nfrom the Associate Administrator for Hazardous Material Safety, for equipment, machinery, or\napparatus that meets certain conditions. The capacitors do not qualify for the approval provision\nin SP 136 because the quantity of hazardous material contained in the capacitors exceeds that\nspecified in § 173.4.\nI hope this information is helpful.\nHattie L. Mitchell, Chief\nRegulatory Review and Reinvention\nOffice of Hazardous Materials Standards\n\n<<>>\n\nMessage\nEdmonson\n$173.222(8)\nPage 1 of 2\nDangerous Goods in Equipment\nGorsky, Susan \n05 - 0/23\nFrom:\nRichard, Bob \nSent:\nThursday, May 19, 2005 10:41 AM\nTo:\nGorsky, Susan \nCc:\nKe, Charles ; Billings, Delmer ; Mazzullo, Ed \nSubject: FW: Request for Clarification\nSusan,\nI would appreciate if you would assign the attached interpretation request to a DHM-10 staff\nmember. The inquiry addresses the classification of an \"ultra capacitor\". An ultracapacitor is\na device that has an extremely high electrical energy storage capacity and the ability to deliver\nbursts of high power and recharge rapidly from specific energy sources like a generator. An\nultracapacitor is designed to take the place of a battery. I think we probably need to get a\nsmall group of people together (including someone from tech and approvals) to discuss how\nwe want to respond and how the ultracapitors should be classified. The simple solution\nwould be to classify them as Acetonitrile, UN 1648, Class 3, PG II. However, I agree that the\nregulations allow them to be classed as \"Dangerous Goods in Equipment or Apparatus, UN\n3363, Class 9. I don't agree with Mr. Adair that these should not be subject to the regulations\nwhen assembled in a \"power generation\" system. The comparison to automobile components\nor automobile exceptions is not appropriate. Even though SP 136 in the HMR includes an\napproval provision that provides authority to except the ultracapacitors from the requirements\nof the HMR, considering that the ultrcapitors contain Acetonitrile and Tetraethyl ammonium\ntetrafluoroborate, I personally do not feel comfortable indicating that they are not subject to the\nregulations. Nevertheless I am certainly open to other views. The crux of the matter is that\nonce the ultracapacitors are assembled into a unit the net quantity of hazmat exceeds the\nlimited authorized for UN 3363 Dangerous Goods in Equipment entry in 173.222(c) and then\nthe only alternative is to classify them as acetonitrile. This issue should be discussed amongst\nthe appropriate staff to develop an agreed policy on how to classify the ultracapacitors\nmentioned in Mr. Adair's letter.\nFrom: Eric Adair [mailto:eric@currieassociates.com]\n-----Original Message-----\nTo: Richard, Bob \nSent: Wednesday, May 18, 2005 3:59 PM\nCc: jack@currieassociates.com\nSubject: Request for Clarification\nLast week Jack and you had a telephone conversation regarding capacitors as \"dangerous goods in apparatus\"\nphotos that show how the articles are installed. I would greatly appreciate it if you could look this over witt\nJN 3363. I've attached a letter requesting clarification on the system these capacitors are installed in, along witl\nwhomever you deem appropriate and render a decision.\nThanks in advance for your efforts,\nBest Regards,\nEric\n5/19/2005\n\n<<>>\n\nMessage\nPage 2 of 2\nDirector\nEric C. Adair\nTraining and Consulting Services\n10 Hunter Brook Lane\nCurrie Associates Inc.\n518.761.0668\nQueensbury, New York 12804\neric@currieassociates.com\n5/19/2005\n\n<<>>\n\nEdmonsod\n$ 113-222 (c)\nDangerous Goods in Equipmen\n05 - 0123\nCURRIE ASSOCIATES, INC.\nTHE GLOBAL COMPLIANCE PROFESSIONALS\nMay 18, 2005\nMr. Robert Richard\nCoordinator\nInternational Standards Office\nPipeline Hazardous Materials Safety Administration\nDHM-5\n400 7* St. S.W.\nUnited States Department of Transportation\nWashington, D.C. 20590-0001\nDear Mr. Richard,\nWe are seeking clarification on behalf of one of our clients on the classification of a\npower generation system. This system employs the use of individual components called\nIndividual Ultra Capacitors are best described and classified in the Hazardous Materials\nan \"ultra capacitor\" which is designed to take the place of a battery, wet non-spillable.\nTable as \"Dangerous Goods in Apparatus, 9, UN3363. The ultra capacitor contains an\naluminum electrode coated with carbon, surrounded by an electrolyte solution consisting\nof Acetylnitrile and Tetraethyl ammonium tetrafluoroborate.\nThe Ultra capacitors are assembled in an array within two buss bars, each array of ultra\ncapacitors consists of 4 to 6 ultra capacitors, and each power generation system holds 4\narrays of the ultra capacitors. Enclosed with this letter are photographs depicting the\nassembly of ultra capacitor arrays within the power generation system. As you can see\nindividual ultra capacitors, the array of 4-6 capacitors within the buss bars and the\nthe components, when installed in the power generation system, are secured within the\nAs with some automobile components that are shipped as hazardous materials when\ntransported individually but then are installed within an automobile and are no longer\nassistance in confirming our classification of this product, or with the proper\nFAX: (518) 792-7781 http: //www.currieassociates.com Email: mail@currieassociates.com\n10 HUNTER BROOK LANE, QUEENSBURY, NEW YORK 12804 TEL: (518) 761-0668\n\n<<>>\n\nclassification of this power generation system. Due to their low environmental impact,\nto begin distribution of this equipment. In order to facilitate compliance and preven\nhese alternate energy systems are in great demand and our client is imminently preparing\nundue delay in offering these systems for transportation we are respectfully requesting\nexpeditious response from your office on this matter. Please do not hesitate to contact us\nif additional information is required and as always we appreciate your assistance in\nresolving this issue.\nSincerely,\nEric C. Adair\nDirector\nTraining and Consulting Services\nFAX: (518) 792-7781 http: //www.currieassociates.com Email: mail@currieassociates.com\n10 HUNTER BROOK LANE, QUEENSBURY, NEW YORK 12804 TEL: (518) 761-0668\n\n<<>>\n\nPrototype System with\nUltracapacitors\nUltracapacitor\ndischarged from our vendor\n•Ultracapacitors shipped\nAssembled into Modules\n• 4 modules installed per\n• 6 Caps per Module\nsystem\n\n<<>>\n\nInstallation\nas ee same\nexisting batteries\nlocation as\nBracket and haits secure in nlace\nonly one buss car shown?\nProduct Intent - Differences from\nPrototype Shown\nNot Shown:\nFormex and nyton screws\n• Terminals to be insulated with\n• 3 buss bars (only one snown)\ninterconnect modules\nDifferences from prototype in\npowder coating or shrink tube)\n• Each module to be 3/4\" shorter,\nnictures.\ncomponents\nUnpackaged Product\n\n<<>>\n\nIntended Packaging\nCOO SADOUR\n•Capacitors discharged\n•System bolted to pallet\npackaging strapped in\n•Corrugated outer\n•Passes Rail Shock Test\npulse on each face)\n(30 g. 20-ms half sine\nsimulate highest risk\n{using waveform to\n•Passes Earthquake Test\nearthquake zone)","truncated":false,"body_characters":9948}