Raytheon Network Centric Systems Integrated Communication Systems — Hazardous Materials Safety Interpretation

Page 11200 New Jersey Avenue SE U.S. Department Washington. DC 20590 of Transportation Pipeline and Hazardous Materials Safety Administration \IUN 1 6 2011 Ms. Janette Parker Project Manager Raytheon Network Centric Systems Integrated Communication Systems 1010 Production Road MIS D2-12 Fort Wayne, IN 46808-4106 Ref. No.: 11-0056 Dear Ms. Parker: This responds to your March 4, 2011 letter requesting clarification ofthe requirements in the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to a lithium ion battery. Specifically, you ask us to confirm your understanding that the battery pack described in your letter meets all ofthe applicable requirements of § 172.1 02( c), Special Provision 188. In addition to your letter, you enclosed a copy of a test report for a 3-cell battery pack showing compliance with the applicable tests outlined in the United Nations (UN) Manual of Tests and Criteria and a drawing showing the configuration ofthe lithium ion battery pack. According to your letter, you intend to ship a mount assembly for a lithium ion battery powered radio. You described the mount assembly as "Lithium ion batteries contained in equipment, UN3481, PG II." For your information, the term "equipment" as it is used in the proper shipping name "Lithium ion batteries contained in equipment" refers to the apparatus or device that performs a function requiring the lithium ion batteries. A lithium ion battery pack placed into a mount and transported without the radio the battery pack is intended to power is properly described as "Lithium ion batteries, UN3480, PO II." The mount assembly contains three lithium ion battery packs connected in parallel and each lithium ion battery pack contains three cells connected in series. The resulting voltage and capacity ofthe nine-cell battery pack is 9.6 V and 4200 mAh respectively or approximately 40.32 Wh. In your letter, you state that each battery pack contains two distinct means ofprotection against short circuiting and internal damage due to overcharge or over discharge. Further, the battery packs are securely installed into the mount and placed into a strong outer packaging. Based on the information provided in your letter, the battery pack meets the appropriate size limits for lithium ion cells and batteries as required by § 172.1 02( c), Special Provision 188 and the#

Page 2battery pack appears to be adequately packaged and protected from short circuits and damage. However, in accordance with paragraph d. of Special provision 188, the 9-cell battery pack described in your letter must be of a type proven to meet the applicable tests in the UN Manual of Tests and Criteria. The test report you provided with your letter describes the component batteries, but not to the completed battery pack placed in the mount assembly and prepared for transport. The 9-celllithium battery pack is subject to the UN tests regardless even though the component cells or batteries have been tested. I hope this answers your inquiry. Ifyou need additional assistance, please contact the Standards and Rulemaking Division. Sincerely, ~.s;~ Ben Supko Chief, Standards Development Branch Standards and Rulemaking Division#

Page 3Network Centric Systems Raylliean Integrated Communication Systems 1010 Production Road MIS D2·12 Fort Wayne IN 468084106 USA 04 March 2011 Lear&! Mr. Charles Betts Director of Standards and Rulemaking Division PHH-IO PHMSA-USDOT East Building ~-fferies 1200 New Jersey Avenue SE ll-OOStb Washington DC 20590-0001 ~J13 .~E)" Dear Mr. Betts, I am writing to request a Letter of Interpretation in accordance with 49 CFR 105.20 addressing Raytheon's ability to ship our Keep Alive Battery (KAB). I am also requesting a response as soon as possible. UPS has refused to accept our KABs for shipment. Raytheon, therefore, missed a delivery to Sikorsky on 15-Feb-l1 of four (4) Keep Alive Batteries (KABs) which contain lithium ion cells due to our inability to ship the batteries. We also missed deliveries oftwenty (20) KABs to American Eurocopter, ten (10) on I-Feb-l1 and an additional ten (10) on l-Mar-ll. Our inability to ship the KABs is currently preventing American Eurocopter from selling off their US-72A Lakota helicopters and delivering them to the U.S. Military for use in the field. Raytheon manufactures an airborne radio called SKYFlRE (aka AN/ ARC-23 1 ) for the DoD. This radio is a high performance, low risk solution used onboard rotary aircraft, including Chinook, Huey, Lakota, Black Hawk, and Apache Helicopters, and fixed wing aircraft such as Joint-STARS, AC-130 Specter Gunship, MC130 Combat Talon, and MC-12W Liberty planes (additional information available at http://www.raytheon.comicapabilities/products/arc231D. Raytheon is a shipper of the ARC-231 radios. One ofthe key components ofthe ARC-23 I is a Keep Alive Battery (KAB), a component ofthe Mount Assembly in which the radio is installed. The KAB is part ofthe aircraft's Get Home Safe System. The Get Home Safe System is designed to remain operational in extreme environmental conditions to ensure military personnel's ability to survive. Within the KAB are nine (9) lithium ion cells. Each cell contains 0.66g of lithium, for a total of 5.94g of lithium per KAB. Each cell has a rated capacity of1400 mAh, which equates to 4.6 Wh, or a total of 41.4 Wh per KAB. Per direction from the U.S. Government the KAB was designed to use Valence Saphion® technology in its lithium ion batteries, a much safer technology than that in standard cobalt oxide based lithium batteries (additional information available at http://www.youtube.comiwatch?v=m2cg4mdN2pU ). In addition to the Saphion® technology, the KAB contains two distinct protection design mechanisms that deliver its safe operation. First, a thermistor provides protection against overvoltage, deep discharge, and electronic short circuit. Second, a Raychem type resettable fuse acts like a circuit breaker, providing protection against overcurrent. The combination of the sophisticated technology and internal redundant protective devices were instrumental in the KAB's certification as flight worthy in accordance with the Flight Worthiness Environmental Test Procedure for the AN/ARC-231 (V)(C) Radio Set Keep Alive Battery (KAB) Assembly. As such, it is Raytheon's belief that it should be excepted from the requirements of the Department ofTransportation 49 CFR.#

Page 4It is Raytheon's interpretation that our KABs are not subject to any requirements of subchapter 49 CFR because they meet the requirements listed in 173.185 paragraphs (c) and (f), specifically, Paragraph (c): Requirement Raytheon's Keep Alive Batteries (1) The lithium content of the anode of each cell, when fully charged, is not more than 5 g: (1) Each lithium ion cell contains 0.66 g of equivalent lithium content, below the CFR maximum limit of 5 g. (2) The aggregate lithium content of the anodes of each battery, when fully charged, is not more than 25 g; (2) Each lithium ion battery contains an aggregate quantity of 5.94 g of equivalent lithium content, below the CFR maximum limit of 25 g. (3) Each cell or battery is of the type proven to be non-dangerous by testing in accordance with tests in the UN Manual of Tests and Criteria (see § 171.7 of this subchapter). Such testing must be carried out on each type of cell or battery prior to the initial transport of that type; and (3) Our lithium ion batteries have been proven nondangerous by testing in accordance with Tests in the UN Manual of Tests and Criteria, Third Revised Edition, 1999, Section 38.8 Lithium Batteries. (4) Cells and batteries are designed or packed in such a way as to prevent short circuits under conditions normally encountered in transportation. (4) Our lithium ion batteries are both designed and packed in such a way as to prevent short circuits under conditions normally encountered in transportation. Per direction from the U.S. Government, our KAB was designed to use Valence Saphion® technology. Additionally, it contains two distinct protection design mechanisms that deliver its safe operation. First, a thermistor provides protection against overvoltage, deep discharge, and electronic short circuit. Second, a Raychem type resettable fuse acts like a circuit breaker, providing protection against overcurrent. Our KABs are contained in equipment, each piece of which is individually packed in strong, nonconductive packaging. Paragrap! h(t) Requirement Raytheon's Keep Alive Batteries Equipment containing or packed with cells and batteries meeting the requirements of paragraph (b) or (c) of this section is excepted from all other re~uirements of this subchapter. Our KABs meet paragraph (c) of section 173.185, as evidenced above. Even though our Keep Alive Batteries are not subject to any requirements of the subchapter based on our interpretation, we believe it to be prudent to label our shipments so that they comply with the expected changes per the Final Ruling publication and Notice of Proposed Rulemaking due to be published on April 19th , 2011. Accordingly, Raytheon's KABs: • Will be labeled as "Lithium Ion Battery" per Figure 7 A.l IATA Dangerous Goods Regulations, including the required telephone number on the label for additional information.#

Page 5• Will be accompanied in shipment by a document such as a waybill that includes the words "Lithium ion batteries", "not restricted", and "PI 967" included in the Additional Handling Information section. • Will be prepared and offered for transport by trained personnel. I am including a copy of the test report showing compliance with UN Manual of Tests and Criteria, Part III, sub-section 38.3, as well as the Air-Worthiness Test Report EETL-2415. Should you desire any additional information, please contact me at 260.429.6684 or janette.parker@raytheon.com. Thank you in advance for your assistance in our efforts to resolve this issue with UPS and resume our shipments in support of the US's armed forces. S7~a L:teparker Project Manager and Program Manager, ARC-231 Ancillaries Raytheon Network Centric Systems Integrated Communication Systems Enclosures UN Manual of Tests and Criteria, Part III, sub-section 38.3 Air-Worthiness Test Report EETL-2415#