{"operation":"document","citation":"08-0186","title":"Altair Nanotechnologies, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2008-07-31","effective_on":null,"summary":"08-0186 response to Altair Nanotechnologies, Inc. concerning 173.185.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0186.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0186.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0186","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2008/080186.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Ave., S.E.\nWashington. DC 20590\nMr. Jeffiey A. McKinney\nVice President and Chief Patent Counsel\nAltair Nanotechnologies, Inc.\n204 Edison Way\nReno, NV 89502\nRef. No. 08-01 86\nDear Mr. McKinney:\nThis responds to your July 1 1,2008 letter requesting clarification of the requirements for\nshipment of lithium batteries under the Hazardous Materials Regulations (HMR; 49 CFR Parts\n171 - 180). Specifically, you ask whether § 173.1 85(e), Shipments for testing (prototypes),\napplies to shipments of prototype lithium cells or batteries transported for purposes of product\nperformance and field demonstration testing.\nThe answer is yes. Section 173.185(e) is not limited to transportation of prototype lithium\ncells or batteries for the purpose of UN testing in accordance with § 173.185(a). Prototype\nlithium cells or batteries may also be transported under the provisions of 173.185(e) for\nproduct performance testing or field demonstration testing in connection with product\ndevelopment programs.\nI hope this information is helpful. Please contact us if you require additional assistance.\nSincerely,\nRegulations 0ff;cer\nOffice of Hazardous Materials Standards\n\n<<<PAGE 2>>>\n\nAltairnanb\ni n n o v a t i o n a t w o r k\nJuly 1 1,2008\nEdward Mazzullo\nDirector\nOffice of Hazardous Materials Standards\nPipeline and Hazardous Materials Safety Administration (PHMSA)\nPHH- 1 0\nU.S. Department of Transportation, East Building\n1200 New Jersey Avenue, SE\nWashington, DC 20590400 1\nDear Mr. Mazzullo:\nAltair Nanotechnologies, Inc. (\"Altaimano\") is a nanotechnology company based\nin Reno, Nevada, that specializes in the production of lithium ion cells and batteries. As such,\nAltairnano is subject to the federal laws regulating the shipment of hazardous materials,\nspecifically 49 C.F.R. 8 173.185, Lithium cells and batteries. We have received what appear to\nbe different explanations from PHMSA officials as to the circumstances under which a\nmanufacturer can ship prototype cells or batteries via motor vehicle without prior PHMSA\napproval.\nAccordingly, we are requesting PHMSA's views on the proper interpretation of\nthe term \"testing\", as that term is used in 49 C.F.R. 5 173.185(e). Section 173.185(e) states in\nrelevant part: \"Shipments for Testing @rototypes). A lithium cell or battery is excepted from the\nrequirements of [§ 173.1851 (a)(l) of this section when transported by motor vehicle for purposes\nof testingm(Emphasis added) This section is important because it governs the circumstances in\nwhich prototype cells or batteries can be shipped via motor vehicle without prior approval from\nPHMSA.\nOne possible interpretation of this section is that the only circumstances in which\nthe cell or battery can be shipped by motor vehicle without prior approval from PHMSA is if the\nshipment is to a location where some or all of the UN tests referenced in section (a)(l) will be\nperformed. Under this construction, the purpose of section (e) would be to permit a\nmanufacturer to ship its product by motor vehicle to a testing facility for the purpose of\nperforming UN testing and, in this circumstance, the manufacturer would not be required to\napply for a Competent Authority Approval (\"CAW) under 49 C.F.R. 5173.185 (f). The\nCompetent Authority in this instance would be PHMSA.\nAltairnano, Inc.\n2 0 4 Edison Way. Reno, NV 8 9 5 0 2 - 2 3 0 6\naltairnano.com\nphone 775.856.2500 1 fax 775.856.161 9\n\n<<<PAGE 3>>>\n\nAn equally plausible interpretation of section (e) is that it covers not only\nshipments made for the purpose of LTN testing, but also prototype shipments made by motor\nvehicle exclusivelv for the purpose of conducting non-UN performance and field demonstration\ntests of the product. Under this interpretation, PHMSA's prior approval would not be required\nfor prototype shipments made only for the purpose of product performance and demonstration\ntesting (i.e. non-UN testing).\nWe want to make certain that we are in full compliance with the Department of\nTransportation's lithium battery shipping requirements. In light of the ostensibly differing\nexplanations we have received about the scope of the testing regulation, your prompt response to\nthis inquiry would be appreciated.\nPlease feel free to contact me at (775) 856-2500 or Kenneth Mead, our outside\ncounsel with Baker Botts, LLP, at 202-639-7744, if you have any questions. Thank you in\nadvance for your consideration.\nSincerely,\nVice President and chief ~ a t e x o u n s e l\nAltair Nanotechnologies, Inc.\n204 Edison Way\nReno, Nevada 89502\n(775) 856-2500\nAlta~rnano, Inc.\n204 Edison Way, Reno, NV 89502-2306\nalta~rnano.coni\nphone 775 856,2500 1 fax 775.856.161 9","truncated":false,"body_characters":4749}