{"operation":"document","citation":"12-0040","title":"Matthews Associates, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2012-06-04","effective_on":null,"summary":"12-0040 response to Matthews Associates, Inc. concerning 173.185.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0040.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0040.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0040","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2012/120040.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, D.C. 20590\nJUN 0 4 2012\nMr. George F. Foucher\nVice President Quality Assurance\nMatthews Associates, Inc.\n220 Power Court\nSanford,FL 32771\nRef. No. 12-0040\nDear Mr. Foucher:\nThis responds to your January 27, 2012 email and subsequent telephone conversation with a\nmember of my staff requesting clarification of the requirements in the Hazardous Materials\nRegulations (HMR; 49 CFR Parts 171-180) applicable to design type testing requirements for a\nlithium ion battery. The requirements you address are contained in Section 38.3 of the 5th\nRevised Edition of the United Nations (UN) Manual ofTest and Criteria and are implemented\nthrough the provisions of§ 1 73.185 of the HMR.\nAs provided by 38.3.2.1 of the UN Manual of Tests and Criteria, in the event that a cell or\nbattery design type does not meet one or more of the test requirements, steps shall be taken to\ncorrect the deficiency or deficiencies that caused the failure before such cell or battery type is\nretested. In your letter you present three scenarios and pose several questions in response to\nthese scenarios.\nScenario 1 : A battery design does not meet the T3 test requirement because the open circuit\nvoltage of the test battery was less than 90% of its voltage immediately prior to this procedure.\nCorrections must be incorporated into each of the batteries.\nQ 1. Can the same batteries that initially failed the T3 test be reused for the design type tests if\nthe deficiency that caused the failure is corrected? ·\nA 1. In this scenario, the entire battery design must be evaluated to determine the cause of the\nfailure. In general, we recommend against reusing batteries that do not pass the design type tests.\nThe decision on whether to repair and reuse test cells or test batteries in this case depends on the\nhow and why the cell or battery design failed to pass the test.\nQ2. If the original batteries may be used for subsequent testing, can we begin at test T3 without\nrepeating tests Tl and T2?\n\n<<<PAGE 2>>>\n\nA2. No. The defect described in Scenario 1 is present in each of the batteries. Since correcting\nthe defect would materially affect the test results, this change would constitute a new design\ntype. The new battery design type must be subjected to each of the required tests beginning with\ntest T1.\nScenario 2: A single battery does not meet the T2 test requirement. An analysis reveals that the\nfailure is due to a workmanship issue and not a design flaw.\nQ3. Is it acceptable to repair or replace only the single failed battery, subject that battery to tests\nT 1 and T2 and then continue testing all the batteries from test T3?\nA3. Provided you can ensure that the cause ofthe failure was the result of a workmanship issue\nassociated with a single battery and not a deficiency in the battery design you may replace the\nfailed battery and subject it to the tests you outline above. Since a failure of the T2 test may\nresult in damage to the test battery, the decision on whether to repair a single test cell or battery\ndepends on the nature and extent of the damage and must not impact the test results.\nScenario 3: Between the T3 test and the T4 test, one of the batteries is damaged during handling.\nThe battery meets all of the design type tests to this point, but cannot be submitted to the Test\nT4.\nQ4. Is it acceptable to repair or replace only the single failed battery, submit that battery to tests\nT1 through T3 and continue testing all the batteries from test T4?\nA4. Since the damage to this battery is not a result of a design defect you may repair or replace\nthe failed battery and subject it to the tests you outline above. The decision on whether to repair\nor replace a single test cell or battery damaged during handling depends on the nature and extent\nof the damage and must not impact the test results.\nI hope this information is helpful. If you have further questions, please contact this office.\nSincerely,\nBen Supko\nSenior Regulations Officer\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\nDrakeford, Carolyn (PHMSA)\nFrom:\nSent:\nTo:\nSubject:\nINFOCNTR (PHMSA)\nMonday, January 30, 2012 12:34 PM\nDrakeford, Carolyn (PHMSA)\nFW: 49 CFR 173.185 Interpretation Request\nt2. -Oot-iD\nHi Carolyn,\nWe received the following request for a letter of interpretation.\nThanks,\nVictoria\nVictoria Lehman\nHazmat Information Center (HMIC}\n{202) 366-1035\nFrom: George Foucher [mfl.iJtQ;Jic9J1~!1S:I@JlJ?Jf1,£;Qm]\nSent: Friday, January 27, 2012 3:53 PM\nTo: INFOCNTR (PHMSA)\nSubject: 49 CFR 173.185 Interpretation Request\nDear Sir or Madam,\nPlease respond with your interpretation of the following:\nCompany Information:\nMathews Associates, Inc. manufactures battery assemblies, including both lithium metal (primary) and lithium-ion\n(rechargeable). We also perform testing in accordance with \"The Recommendations on the Transport of Dangerous\nGoods, Manual of Tests and Criteria\", Section 38.3 \"Lithium metal and Lithium-ion batteries in our \"A2Z\" test lab.\nRelevant Reference from \"The Recommendations on the Transport of Dangerous Goods, Manual of Tests\nand Criteria\" I Revision 51 Amendment 1 I Section 38.3.2.2, excerpt:\n\"In the event that a cell or battery type does not meet one or more of the test requirements, steps shall be taken\nto correct the deficiency or deficiencies that caused the failure before such cell or battery type is retested.\"\n1\n\n<<<PAGE 4>>>\n\nQuestions:\nA) Scenario I -A battery fails test T3 and corrections need to be incorporated into all of the batteries. If the\nbatteries are able to be disassembled, have the correction made and be reassembled, is it acceptable to use\nthe same batteries? If so, would we be able to perform test T3 and then continue with T4 or do we have to\nstart back at test T1?\nB) Scenario II- A battery fails test T2. A failure analysis reveals that there is no design flaw but that the failure\nwas due to a \"workmanship\" issue (such as a cold solder joint or insufficient weld). There will be no change\nin design. Any subsequent batteries will be manufactured to be identical to the batteries tested to this point.\nIs it acceptable to repair I replace only the failed unit, subject it to tests T1 and T2 and then continue with\ntest T3 with the entire lot?\nC) Scenario Ill- Between tests T3 and T4, one of the batteries is damaged during handling. It has met all of the\ntest requirements up to that point. Since the damaged unit cannot be submitted to test T 4, Is it acceptable to\nrepair I replace only the failed unit, subject it to tests T1, T2 and T3 and then continue with test T4 with the\nentire lot?\nThank you,\n~fl.';~\n1/ea 'P~ :Z~ A~\nMathews Associates, Inc.\n220 Power Court\nSanford, FL 32771\nUSA\nPH: 407-323-3390\nFax: 407-323-3115\ne-mail: gfoucher@maifl.com\nWebsite: www.maifl.com\nThis transmittal may contain company confidential, proprietary and/or information regulated by the International\nTraffic in Arms Regulations (ITAR) and may be subject to U.S. Government Export Control Laws. This information is\nintended for use only by the recipient. Transfer of this information to any foreign party, whether in the U.S. or\nabroad, without Department of State approval and/or licensing is prohibited.\nIf you are not the intended recipient, please contact the originator, George J. Foucher, (407)323-3390, to return all\nthe original copies. Thank You.\nITAR: This transmittal may contain company confidential, proprietary and/or information regulated by the\nInternational Traffic in Arms Regulations (ITAR) and may be subject to U.S. Government Export Control\nLaws. This information is intended for use only by the recipient. Transfer of this information to any foreign\nparty, whether in the U.S. or abroad, without Department of State approval and/or licensing is prohibited.\n2","truncated":false,"body_characters":7864}