ComSonics, Inc. — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration JUL 2 2008 1200 New Jersey Ave.. S E Washington. DC 20590 Mr. Daniel Brown Product Support and Development Specialist ComSonics, Inc. 13 50 Port Republic Road P.O. Box 1 106 Hamsonburg, VA 22801 Ref. No. 08-0147 Dear Mr. Brown: This is in response to your May 22,2008 letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171 -1 80) applicable to lithium batteries. Specifically, you ask whether a secondary lithium battery is considered "small" if its equivalent lithium content (ELC) is less than 8 grams. You ask if there are any ground restrictions for such a battery and whether it is subject to the United Nations (UN) Manual of Tests and Criteria tests T1 through T8. On August 9,2007, the Pipeline and Hazardous Materials Administration (PHMSA) amended the HMR to enhance the safe transportation of lithium batteries, including both primary (non- rechargeable) and secondary (rechargeable) lithium batteries (HM-224C & HM-224E; 72 FR 44929). One amendment in this rulemaking was the addition of Special Provision 188 in 8 172.102 of the HMR for small lithium cells and batteries. That provision specifies that a "small" lithium-ion battery has an aggregate ELC of not more than 8 grams. Except for hazardous communication requirements specified under this Special Provision, there are no restrictions for the ground transportation of a secondary lithium battery. Effective October 1, 2009, the cell or battery must be of a type proven to meet the requirements of tests TI through T8 in the LN Manual of Tests and Criteria. I hope this information is helphl. Sincerely, MA. 29-J Susan Gorsky, Regulations Officer Office of Hazardous Materials Standards#

Page 2W W W . C O ~ S O ~ ~ C S . C O ~ ~ Piv 50 Port Republic Road, / $ r L) / { y P.O. Box 1 1 06 Harrisonburg,VA 22801 1-800-336-9682 PHMSA, DOT Washington, DC. 202.366.8553 Dear John Gale or Arthur Pollack, I am request an interpretation regarding the HMR ruling 49 CFR parts 171 -1 80 (Lithium Battery transportation). I have read many publications regarding this issue including FR 72 Final rule, HM-224C and E plus several Interpretation letters. In doing so I may have misinterpreted the content or intent of said regulations. My understanding of said ruling is if a secondary Lithium Ion battery's ELC < 8.0g it is classified as "Small" and there are no restriction for ground transport nor are required to pass UN 3090 testing TI-T8 though appropriate labeling of said shipping containers still apply. Am I correct? To provide some background information, we have recently been quoted UN testing from our battery pack supplier. Our batteries are comprised of 2 Lithium Ion cells (18650) 2.4Ah each which equates to an ELC =1.44. This "small" classification mentions exceptions throughout the 49 CFR rulings and I wish to have furthered interpretations of said exceptions prior to having to inquire said testing expenditures. Any information or enlightenment would be greatly appreciated. Sincerely, Daniel Bowman ComSonics Inc. Product Support and Development Specialist 1350 Port Republic Road Harrisonburg, VA. 2280 1 Tele. (540) 434-5965 (800) 336-9681 EXT. 1295 Fax. (540) 434-9847 email. dbowmai~~,comsonics.com - Corporate Phone: 540-434-5965 Corporate Fax: 540-434-9847 a Sales Fax: 540-432-9794#