{"operation":"document","citation":"15-0146","title":"MGA Research Corporation — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2015-12-14","effective_on":null,"summary":"15-0146 response to MGA Research Corporation concerning 171.7.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-15-0146.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-15-0146.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-15-0146","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2015/150146.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\nWashington, D.C. 20590\n1200 New Jersey Avenue, SE\nPipeline and Hazardous\nAdministration\nMaterials Safety\nDEC 14 2015\nMr. Michael Greiner\nTechnical Services Lab\nDirector, Laboratory Operations\nMGA Research Corporation\n12790 Main Road\nAkron, NY 14001\nReference No. 15-0146\nDear Mr. Greiner:\nThis is in response to your July 14, 2015 e-mail and telephone conversations with members of\nmy staff requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts\n171-180) applicable to the transportation of \"UN 3480, Lithium ion batteries, including\nlithium ion polymer batteries, 9 (miscellaneous)\" and \"UN 3090, Lithium metal batteries,\nincluding lithium alloy batteries, 9.\" Specifically, you ask if safety features can be added to\nthe batteries without having to retest them after they were initially tested successfully in\naccordance with § 38.3 of the United Nations (UN) Manual of Tests and Criteria.\nIf the safety features added to a lithium battery may lead to it failing any of the tests\nprescribed in § 38.3 of the UN Manual of Tests and Criteria, the answer is no. The provisions\noutlined in the 5th revised edition, Amendment 1, of the UN Manual of Tests and Criteria\nprovide guidance to make this testing determination. PHMSA has incorporated the UN\nManual of Tests and Criteria, Fifth revised edition, Amendment 1, by reference under § 171.7,\nbut stresses the importance of testing after any material modifications in the design or\nmanufacturing.\nSection 38.3.2.2 (c) of the UN Manual states any change to a lithium battery that would lead\nto failure of any of the tests prescribed in this section must be considered a new type and\nsubjected to the required tests. It is the opinion of this Office that the person responsible for\ntesting the batteries is the person responsible for making this decision. Section 38.3.2.2 (c)\nalso describes the types of changes that may be considered sufficiently different from a tested\ntype so that it might lead to a failure of a lithium battery test result. These changes include\nbut are not limited to:\n\n<<<PAGE 2>>>\n\n: A change in throateviad ovies, indeding hardodar, taed sparator or the electrolyte;\n• A change of safety design in cells or batteries, such as a venting valve;\n• A change in the number of component cells; and\n• A change in connecting mode of component cells.\nFurther, § 38.3.2.2 (c) states if a cell or battery type does not meet one or more of the UN\nManual's test requirements, the deficiency or deficiencies that caused the failure must be\ncorrected before the cell or battery type is retested.\nI hope this information is helpful.\nSincerely,\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n2\n\n<<<PAGE 3>>>\n\nEdmonson\n$/73.185\nDodd, Alice (PHMSA)\nBatteries\nFrom:\n15-0146\nSent:\nGeller, Shelby CTR (PHMSA)\nTo:\nHazmat Interps\nTuesday, July 14, 2015 11:58 AN\nSubject:\nFW: Request Letter of Interpretation\nDear Shante and Alice.\n'Attached is a request for a formal letter of interpretation. Mr. Greiner spoke with Adam Lucas in the HMIC.\nThanks,\nShelby\nFrom: Michael Greiner [mailto:michael.greiner@mgaresearch.com]\nSent: Tuesday, July 14, 2015 9:52 AM\nTo: INFOCNTR (PHMSA)\nSubject: Request Letter of Interpretation\nHello,\nI have a customer that has passed the testing requirements per the UN 38.3 battery testing for transportation. They are\nlooking to add addition protection (fuses and circuit boards) to make the units safer. According to the standard, it reads\nas follows:\n38.3.2.2 Lithium metal and lithium ion cells and batteries shall be subjected to the tests, as required\nby special provisions 188 and 230 of Chapter 3.3 of the Model Regulations prior to the transport of a\nparticular cell or battery type. Cells or batteries which differ from a tested type by:\n(a) For primary cells and batteries, a change of more than 0.1 g or 20% by mass,\nwhichever is greater, to the cathode, to the anode, or to the electrolyte;\n(b) For rechargeable cells and batteries, a change in nominal energy in Watt-hours of\nmore than 20% or an increase in nominal voltage of more than 20%; or\n(c) A change that would lead to failure of any of the tests,\nshall be considered a new type and shall be subjected to the required tests.\nI am looking to get a letter of interpretation stating that they do not need to repeat the UN 38.3 testing if they make this\nchange. Please let me know if I am correct and provide me with the letter at your earliest convenience.\nThank you and please feel free to contact me if you have any questions.\nRegards,\nMichael Greiner\nDirector of Laboratory Operations\nTechnical Services Lab\nMGA Research is a participant in the UL LLC\nThird Party Test Data Program.\noutlines. sceps areat in tudes selectept from the be or standed trough\nwhich we may expand our scope.\n1\n\n<<<PAGE 4>>>\n\nUL 810A / UL 1642 / UL Outline 1973 / UL 1989 / UL 2054 /\nMGA Research Corporation\nUL Outline 2271 / UL 2580\nTechnical Services Laboratory\n12790 Main Road\n(Click on Logo to for scope and certificate)\nLab Accreditation:\nAkron NY 14001\nOffice: 716-542-5515\nCell: 716-969-1491\nwww.mgaresearch.com\nwww.technicalserviceslab.com\nACCREDITED\nCondeniai, Yotechments accompanying this electronic transmission may contain information from MCA Research Corporation which is confidential and/or\nproprietary. If you received this transmission in error, please delete this message and notify us by telephone immediately. Thank you.\n2","truncated":false,"body_characters":5495}