{"operation":"document","citation":"11-0268","title":"Wiley Rein LLP — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2011-12-14","effective_on":null,"summary":"11-0268 response to Wiley Rein LLP concerning 173.185.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0268.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0268.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0268","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2011/110268.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department of Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue SE\nWashington, DC 20590\nDEC 142011\nMr. George Kerchner\nWiley Rein LLP\n1776 K Street, NW\nWashington, DC 20006\nRef. No. 11-0268\nDear Mr. Kerchner:\nThis responds to your October 26, 2011 letter regarding the Hazardous Materials Regulations\n(HMR; 49 CFR Parts 171-180) applicable to design type testing oflithium batteries. The\nrequirements you address are contained in Section 38.3 of the Slh Revised Edition ofthe United\nNations (UN) Manual ofTest and Criteria and are implemented through the provisions of\n§ 173.185 of the HMR. Specifically, you request confirmation that paragraph (f) in Section\n38.3.3 applies only to the testing of a battery assembly consisting oflithium batteries that have\nmet the applicable tests in the UN Manual ofTests and Criteria and not to batteries which must\nbe tested in accordance with paragraphs (a), (b) and (d) of Section 38.3.3.\nYour understanding is correct. Paragraph (f) in 38.3.3 provides limited relief from the UN design\ntype testing requirements for a battery assembly in which the lithium content of all anodes, when\nfully charged, is not more than 500 g, or in the case of a lithium ion battery assembly, a watthour\nrating of not more than 6200 Watt-hours, that is assembled from batteries that have passed\nall applicable design type tests.\nI hope this information is helpful. Ifyou have further questions, please contact this office.\n\n<<<PAGE 2>>>\n\n1776 K STREET NW\nWASHINGTON, DC 20006\nPHONE 202.719.7000\nFAX 202.719.7049\n7925 JONES BRANCH DRIVE\nMcLEAN, VA 22102\nPHONE 703.905.2800\nFAX 703.905.2820\nOctober 26, 20 II George A. Kerchner\nSenior Regulatory Consultant\n202.719.4109\ngkerchner@wileyrein.com\nwww.wileyrein.com\nDelivered Via Email\nPipeline and Hazardous Materials Safety Administration\nU.S. Department of Transportation\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nRe: Request for Interpretation on Testing of Lithium Battery Assemblies\nI am writing for a clarification on paragraph (f) in Section 38.3.3 of the 5th Revised\nEdition of the UN Manual of Tests and Criteria as it applies to lithium batteries and\nlithium battery assemblies. As more fully-explained below, I would like written\nconfirmation that paragraph (f) does not provide relief from the number oflithium\nbatteries that require testing in accordance with 38.3.3(a), (b) and (d) ofthe UN\nManual of Tests and Criteria.\nLithium batteries, or battery packs, are generally comprised of two or more cells\nthat are electrically connected by permanent means. The batteries are sU.bject to the\ntesting requirements outlined in the UN Manual of Tests and Criteria. The number\nof batteries that must be tested are listed in 38.3.3(a), (b) and (d) of the UN Manual\nof Tests and Criteria.\nWhile there is no definition for \"battery assembly\" in the UN Manual of Tests and\nCriteria, it is generally understood that a battery assembly is a collection of\nelectrically connected batteries that have been tested in accordance with the\nnumbers listed in 38.3.3(a), (b) and (d) of the UN Manual of Tests and Criteria.\nSometimes these batteries are referred to as \"modules\" in a battery assembly.\nTherefore, batteries and modules are generally smaller \"units\" of a battery\nassembly.\nParagraph (f) in Section 38.3.3. of the UN Manual of Tests and Criteria states:\nWhen testing a battery assembly in which the aggregate lithium content of\nall anodes, whenfully charged, is not more than 500 g, or in the case ofa\nlithium ion battery, with a Watt-hour rating ofnot more than 6200 Watthours,\nthat is assembled from cells or batteries that have passed all\napplicable tests, one battery assembly in a fully charged state shall be\ntested under tests 3, 4 and 5, and, in addition, test 7 in the case ofa\n\n<<<PAGE 3>>>\n\nOctober 26, 2011\nPage 2\nrechargeable battery assembly. For a rechargeable battery assembly, the\nassembly shall have been cycled at least 25 cycles.\nIt is my understanding that paragraph (f) was added to the UN Manual of Tests and\nCriteria during the December 2008 meeting of the UN Subcommittee ofExperts on\nthe Transport of Dangerous Goods. It appears the intent of this new provision is to\nprovide some relief from the UN testing requirements for battery assemblies\n(consisting of batteries or modules) that do not exceed 6200 Wh or 500 grams of\nlithium metal. The paragraph that follows paragraph (1) in Section 38.3.3 ofthe UN\nManual of Tests and Criteria provides relief from the UN lithium battery testing\nrequirements for battery assemblies greater than 6200 Wh or 500 grams of lithium\nmetal provided the batteries (or modules) ofwhich the battery assembly is\ncomprised are fully UN-tested and the battery assembly meets certain design criteria\nas specified in that paragraph.\nTherefore, I would appreciate a letter of interpretation confirming that paragraph (f)\nin Section 38.3.3 ofthe UN Manual of Tests and Criteria applies only to the testing\nof lithium battery assemblies (consisting of batteries or modules) as described\nherein and not to the testing of batteries which must be tested in accordance with the\nnumbers prescribed in 38.3.3(a), (b) and (d).\nThank you for your assistance.\nSincerely,\nGeorge A. Kerchner","truncated":false,"body_characters":5269}