{"operation":"document","citation":"11-0056","title":"Raytheon Network Centric Systems Integrated Communication Systems — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2011-06-16","effective_on":null,"summary":"11-0056 response to Raytheon Network Centric Systems Integrated Communication Systems concerning 173.185.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0056.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0056.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0056","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2011/110056.pdf","body":"<<<PAGE 1>>>\n\n1200 New Jersey Avenue SE\nU.S. Department Washington. DC 20590\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n\\IUN 1 6 2011\nMs. Janette Parker\nProject Manager\nRaytheon Network Centric Systems\nIntegrated Communication Systems\n1010 Production Road\nMIS D2-12\nFort Wayne, IN 46808-4106\nRef. No.: 11-0056\nDear Ms. Parker:\nThis responds to your March 4, 2011 letter requesting clarification ofthe requirements in the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to a lithium ion\nbattery. Specifically, you ask us to confirm your understanding that the battery pack described in\nyour letter meets all ofthe applicable requirements of § 172.1 02( c), Special Provision 188. In\naddition to your letter, you enclosed a copy of a test report for a 3-cell battery pack showing\ncompliance with the applicable tests outlined in the United Nations (UN) Manual of Tests and\nCriteria and a drawing showing the configuration ofthe lithium ion battery pack.\nAccording to your letter, you intend to ship a mount assembly for a lithium ion battery powered\nradio. You described the mount assembly as \"Lithium ion batteries contained in equipment,\nUN3481, PG II.\" For your information, the term \"equipment\" as it is used in the proper shipping\nname \"Lithium ion batteries contained in equipment\" refers to the apparatus or device that\nperforms a function requiring the lithium ion batteries. A lithium ion battery pack placed into a\nmount and transported without the radio the battery pack is intended to power is properly\ndescribed as \"Lithium ion batteries, UN3480, PO II.\"\nThe mount assembly contains three lithium ion battery packs connected in parallel and each\nlithium ion battery pack contains three cells connected in series. The resulting voltage and\ncapacity ofthe nine-cell battery pack is 9.6 V and 4200 mAh respectively or approximately 40.32\nWh. In your letter, you state that each battery pack contains two distinct means ofprotection\nagainst short circuiting and internal damage due to overcharge or over discharge. Further, the\nbattery packs are securely installed into the mount and placed into a strong outer packaging.\nBased on the information provided in your letter, the battery pack meets the appropriate size limits\nfor lithium ion cells and batteries as required by § 172.1 02( c), Special Provision 188 and the\n\n<<<PAGE 2>>>\n\nbattery pack appears to be adequately packaged and protected from short circuits and damage.\nHowever, in accordance with paragraph d. of Special provision 188, the 9-cell battery pack\ndescribed in your letter must be of a type proven to meet the applicable tests in the UN Manual of\nTests and Criteria. The test report you provided with your letter describes the component\nbatteries, but not to the completed battery pack placed in the mount assembly and prepared for\ntransport. The 9-celllithium battery pack is subject to the UN tests regardless even though the\ncomponent cells or batteries have been tested.\nI hope this answers your inquiry. Ifyou need additional assistance, please contact the Standards\nand Rulemaking Division.\nSincerely,\n~.s;~\nBen Supko\nChief, Standards Development Branch\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\nNetwork Centric Systems\nRaylliean Integrated Communication\nSystems\n1010 Production Road\nMIS D2·12\nFort Wayne IN\n468084106\nUSA\n04 March 2011 Lear&!\nMr. Charles Betts\nDirector of Standards and Rulemaking Division\nPHH-IO\nPHMSA-USDOT\nEast Building ~-fferies\n1200 New Jersey Avenue SE ll-OOStb\nWashington DC 20590-0001\n~J13 .~E)\"\nDear Mr. Betts,\nI am writing to request a Letter of Interpretation in accordance with 49 CFR 105.20 addressing Raytheon's\nability to ship our Keep Alive Battery (KAB). I am also requesting a response as soon as possible. UPS has\nrefused to accept our KABs for shipment. Raytheon, therefore, missed a delivery to Sikorsky on 15-Feb-l1 of\nfour (4) Keep Alive Batteries (KABs) which contain lithium ion cells due to our inability to ship the batteries.\nWe also missed deliveries oftwenty (20) KABs to American Eurocopter, ten (10) on I-Feb-l1 and an\nadditional ten (10) on l-Mar-ll. Our inability to ship the KABs is currently preventing American Eurocopter\nfrom selling off their US-72A Lakota helicopters and delivering them to the U.S. Military for use in the field.\nRaytheon manufactures an airborne radio called SKYFlRE (aka AN/ ARC-23 1 ) for the DoD. This radio is a\nhigh performance, low risk solution used onboard rotary aircraft, including Chinook, Huey, Lakota, Black\nHawk, and Apache Helicopters, and fixed wing aircraft such as Joint-STARS, AC-130 Specter Gunship, MC130\nCombat Talon, and MC-12W Liberty planes (additional information available at\nhttp://www.raytheon.comicapabilities/products/arc231D. Raytheon is a shipper of the ARC-231 radios.\nOne ofthe key components ofthe ARC-23 I is a Keep Alive Battery (KAB), a component ofthe Mount\nAssembly in which the radio is installed. The KAB is part ofthe aircraft's Get Home Safe System. The Get\nHome Safe System is designed to remain operational in extreme environmental conditions to ensure military\npersonnel's ability to survive. Within the KAB are nine (9) lithium ion cells. Each cell contains 0.66g of\nlithium, for a total of 5.94g of lithium per KAB. Each cell has a rated capacity of1400 mAh, which equates to\n4.6 Wh, or a total of 41.4 Wh per KAB. Per direction from the U.S. Government the KAB was designed to\nuse Valence Saphion® technology in its lithium ion batteries, a much safer technology than that in standard\ncobalt oxide based lithium batteries (additional information available at\nhttp://www.youtube.comiwatch?v=m2cg4mdN2pU ).\nIn addition to the Saphion® technology, the KAB contains two distinct protection design mechanisms that\ndeliver its safe operation. First, a thermistor provides protection against overvoltage, deep discharge, and\nelectronic short circuit. Second, a Raychem type resettable fuse acts like a circuit breaker, providing\nprotection against overcurrent. The combination of the sophisticated technology and internal redundant\nprotective devices were instrumental in the KAB's certification as flight worthy in accordance with the Flight\nWorthiness Environmental Test Procedure for the AN/ARC-231 (V)(C) Radio Set Keep Alive Battery (KAB)\nAssembly. As such, it is Raytheon's belief that it should be excepted from the requirements of the Department\nofTransportation 49 CFR.\n\n<<<PAGE 4>>>\n\nIt is Raytheon's interpretation that our KABs are not subject to any requirements of subchapter 49 CFR\nbecause they meet the requirements listed in 173.185 paragraphs (c) and (f), specifically,\nParagraph (c):\nRequirement\nRaytheon's Keep Alive Batteries\n(1) The lithium content of the anode\nof each cell, when fully charged, is not\nmore than 5 g:\n(1) Each lithium ion cell contains 0.66 g of\nequivalent lithium content, below the CFR\nmaximum limit of 5 g.\n(2) The aggregate lithium content of\nthe anodes of each battery, when fully\ncharged, is not more than 25 g;\n(2) Each lithium ion battery contains an aggregate\nquantity of 5.94 g of equivalent lithium content,\nbelow the CFR maximum limit of 25 g.\n(3) Each cell or battery is of the type\nproven to be non-dangerous by testing\nin accordance with tests in the UN\nManual of Tests and Criteria (see § 171.7\nof this subchapter). Such testing must\nbe carried out on each type of cell or\nbattery prior to the initial transport of\nthat type; and\n(3) Our lithium ion batteries have been proven nondangerous\nby testing in accordance with Tests in\nthe UN Manual of Tests and Criteria, Third\nRevised Edition, 1999, Section 38.8 Lithium\nBatteries.\n(4) Cells and batteries are designed or packed in\nsuch a way as to prevent short circuits under\nconditions normally encountered in transportation.\n(4) Our lithium ion batteries are both designed and\npacked in such a way as to prevent short circuits\nunder conditions normally encountered in\ntransportation. Per direction from the U.S.\nGovernment, our KAB was designed to use\nValence Saphion® technology. Additionally, it\ncontains two distinct protection design mechanisms\nthat deliver its safe operation. First, a thermistor\nprovides protection against overvoltage, deep\ndischarge, and electronic short circuit. Second, a\nRaychem type resettable fuse acts like a circuit\nbreaker, providing protection against overcurrent.\nOur KABs are contained in equipment, each piece\nof which is individually packed in strong, nonconductive\npackaging.\nParagrap! h(t)\nRequirement Raytheon's Keep Alive Batteries\nEquipment containing or packed with cells and\nbatteries meeting the requirements of paragraph (b)\nor (c) of this section is excepted from all other\nre~uirements of this subchapter.\nOur KABs meet paragraph (c) of section 173.185,\nas evidenced above.\nEven though our Keep Alive Batteries are not subject to any requirements of the subchapter based on our\ninterpretation, we believe it to be prudent to label our shipments so that they comply with the expected\nchanges per the Final Ruling publication and Notice of Proposed Rulemaking due to be published on April\n19th\n, 2011. Accordingly, Raytheon's KABs:\n• Will be labeled as \"Lithium Ion Battery\" per Figure 7 A.l IATA Dangerous Goods Regulations,\nincluding the required telephone number on the label for additional information.\n\n<<<PAGE 5>>>\n\n• Will be accompanied in shipment by a document such as a waybill that includes the words \"Lithium\nion batteries\", \"not restricted\", and \"PI 967\" included in the Additional Handling Information\nsection.\n• Will be prepared and offered for transport by trained personnel.\nI am including a copy of the test report showing compliance with UN Manual of Tests and Criteria, Part III,\nsub-section 38.3, as well as the Air-Worthiness Test Report EETL-2415. Should you desire any additional\ninformation, please contact me at 260.429.6684 or janette.parker@raytheon.com.\nThank you in advance for your assistance in our efforts to resolve this issue with UPS and resume our\nshipments in support of the US's armed forces.\nS7~a\nL:teparker\nProject Manager and Program Manager, ARC-231 Ancillaries\nRaytheon Network Centric Systems\nIntegrated Communication Systems\nEnclosures\nUN Manual of Tests and Criteria, Part III, sub-section 38.3\nAir-Worthiness Test Report EETL-2415","truncated":false,"body_characters":10293}