{"operation":"document","citation":"05-0278","title":"Regulatory Resources, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2006-09-20","effective_on":null,"summary":"05-0278 response to Regulatory Resources, Inc. concerning 173.185.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-05-0278.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-05-0278.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-05-0278","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2005/050278.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\nWashington, D.C. 20590\n400 Seventh Street, S.W.\nPipeline and Hazardous\nMaterials Safety Administration\nSEP 2 0 2006\nMr. Bruce McLees\nRef. No.: 05-0278\nSr. Quality Engineer\nQuallion LLC\n12744 San Fernando Road\nSylmar Biomedical Park\nSylmar, CA 91342-3728\nDear Mr. McLees:\nThis is in response to your November 2, 2005 letter concerning requirements under the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) for design-type testing of\nlithium-ion batteries. Please accept my apology for our delay in responding and any\ninconvenience this may have caused. In your letter you specifically request clarification\nconcerning the tests applicable for your prototype lithium-ion batteries and cells. You state that\nspecific requirements you address are contained in Section 38.3.2.1 of the United Nations\nyou have been working on a variety of battery packs with 5 to 120 cells in a battery pack. The\nManual of Tests and Criteria and are implemented through the provisions of § 173.185 of the\nHMR. Your questions are paraphrased and answered below:\nQ1: Is testing of every lithium-ion battery pack configuration required or would the successful\ntesting of the cells to the UN Manual of Tests and Criteria be sufficient?\nA1:\nthe tests in the UN Manual of Tests and Criteria, even if the cells that make up the battery\nExcept for single cell batteries, each new lithium cell and battery design type is subject to\nhave been tested. A cell or battery is deemed to be \"a new design type\" if the change in\nmass to the cathode, anode or electrolyte is more than 0.1 grams or 20 percent, whichever\nis greater, or the change would materially affect the test results.\nQ2: Are there alternate shipping or packaging methods such as ground or special courier that\nCour braised that wouid not require testing of each lithium-ion batery pack\nA2:\nThe answer is no. There are no exceptions from the testing requirements in § 173.185(e)\nbased on the mode of transportation or type of packaging used.\nQ3: May these prototype lithium-ion batteries be shipped by ground transportation as Class 9\nfor testing purposes under § 173.185(j) of the HMR?\n173.185\n050278\n\n<<<PAGE 2>>>\n\nA3:\nThe answer is no. According to your letter your batteries are not being stipped for\ntesting purposes and therefore the exception in § 173.185(j) does not apply. Currently,\nthere are no applicable exceptions tor prototype lithium batteries and cells under the\nHMR similar to Special Provision 310 in the UN Recommendations. Cells and batteries\nthe provisions in § 173.185 may be transported only if they are approved by the Associate\nand equipment containing or packed with cells and batteries which do not comply with\nI hope this information is helpful. Please contact us if you require additional assistance.\nSincerely,\n•- John A. Gale\n¿ Office of Hazardous Materials Standards\nChief, Standards Development\n\n<<<PAGE 3>>>\n\n11/03/2005 THU 10:06 FAX\nPollack\n40101\nQUALLION®\nteler tort\nSylrnar Biomedical Par\n2744 San Fernando Road, Sylmar, CA 9134\n§ 13,185\nwww.quallion.com\nPhone (818) 933-2000 • Fax (818) 833-2001\nBatteries\nNovember 2, 2005\n05-0218\nMr. Edward T. Mazzullo\nDirector, Office of Hazardous Materials Standards\nU.S. DOT/PHMSA (PHH-10)\nWashington, D.C. 20590-0001\n400 7th Street S.W.\nPhone (800) 467-4922\nfax (202) 366-3012\nRe: Request for interpretation of DOT regulation 49 CFR 173.185.\nDear Sir:\nunique hattery solutions for nur customer we tond to have a large variety of low volume cells and\nQuallion is a manufactwer of custom lithium ion batteries. Since our business is developing\nbattery packs. Recently we have been working on a varicty of battery packs for cur customers\nwith 5 to 120 cells in a pack. The total shipments for any onc pack configuration may be only\nthe test sequence. This is a high percentage of our expected shipments and the cost may prevent\n100 packs. The UN Manual of Tests and Crileria indicate that 24 packs would be necessary for\nus from participating in this market. The questions posed below will help us beller understand\nour options.\nUN Manual of Tests and Critcria be sufficient?\nIs testing of every pack configuration required or would the successful testing of the cells to the\n2.\nbe used that would not require the testing of cach pack configuration?\nArc there allerate shipping or packaging methods such as ground or special courier that could\n3.\nIransportation as class 9 for testing purposes (173.185(i))? -\nWould these limited protocype production runs fall under the classification that allows for ground\nYour timely assistance in the matter is greatly appreciated.\nany questions.\nPlease call, e-mail or fax if you have\nBruce McLee\n(818) 833-2096\nSI. Quality Engineer\nfax (818) 833-3279\nbrucem @quallion.com\ncc: Robert Licha","truncated":false,"body_characters":4792}