{"operation":"document","citation":"15-0219","title":"Intelligent Energy — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2016-06-06","effective_on":null,"summary":"15-0219 response to Intelligent Energy concerning 171.22, 173.22.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-15-0219.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-15-0219.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-15-0219","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2016/150219.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\n1200 New Jersey Avenue, SE\nWashington, D.C. 20590\nPipeline and Hazardous\nAdministration\nMaterials Safety\nJUN 0 6 2016\nMr. Douglas A. Knight\nPrincipal Engineer\nIntelligent Energy\n505 Odyssey Way\nMerritt Island, FL 32953\nReference No. 15-0219\nDear Mr. Knight:\nThis letter is in response to your November 5, 2015, letter requesting clarification of the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to fuel cells.\nSpecifically, you state that you have a small fuel cell with an attached solid fuel that is\ncomprised of lithium aluminum hydride mixed with metal chloride (dangerous when wet and\ncorrosive inorganic solid) totaling 15.0 grams and a lanthanum nickel aluminum alloy\nweighing 10.0 grams. You add that the fuel cell engine is not operational until it is connected\nto the operating system and then primed with oxygen. You ask if the fuel cell can be shipped\nas \"UN 3166, Fuel Cell Engines\" under the International Air Transport Association (IATA)\nDangerous Goods Regulations (DGR) and/or if you can ship the whole assembly on the basis\nof the fuel itself under the HMR\nAs specified in § 173.22 of the HMR, it is the shipper's responsibility to properly classify and\npackage a hazardous material. This Office does not normally perform this function.\nHowever, the HMR authorize and provide conditions for use of international standards and\nregulations in § 171.22. As the IATA DGR is not included among those authorized, we\ncannot address your specific concerns, but based on the information that you provided in your\nletter—in conjunction with the International Civil Aviation Organization Technical\nInstructions for the Safe Transport of Dangerous Goods by Air and the International Maritime\nDangerous Goods Code—it is the opinion of this Office that the material would best be\ndescribed as \"UN 3476, Fuel cell cartridges, containing water reactive substances.\"\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nlenn Foste\nT. Glenn Foster\nChief, Regulatory Review and Reinvention\nStandards and Rulemaking Division\n\n<<<PAGE 2>>>\n\nAndrews\nGoodall, Shante CTR (PHMSA)\nJoan Requenent\nFrom:\n15 - 0219\nSent:\nGeller, Shelby CTR (PHMSA)\nThursday, November 05, 2015 3:17 PM\nTo:\nHazmat Interps\nSubject:\nFW: Request for letter of interpretation on shipment of fuel cell with installed chemical\nhydride fuel\nDear Shante and Alice,\nBelow is a request for a formal letter of interpretation.\nThanks,\nShelby\nFrom: Knight, Douglas [mailto:Douglas.Knight@intelligent-energy.com]\nTo: PHMSA HM InfoCenter\nSent: Thursday, November 05, 2015 2:28 PM\nSubject: Request for letter of interpretation on shipment of fuel cell with installed chemical hydride fuel\nTo Whom it May Concern\nI am in need of a letter of interpretation in regards to our intent to ship a small fuel cell prototype that contains a\nchemical hydride fuel.\nI have been looking into this in the IATA manual and it seems to not cover what we have completely (or clearly),\nprobably because we are developing something not seen too much on the market.\nWe have a small fuel cell, about the size of an Iphone 6, that will have a solid fuel attached (the solid chemical hydride\nwill emit hydrogen on demand). The solid fuel is of two components of\n1.\nlithium aluminum hydride mixed with a metal chloride (dangerous when wet and corrosive inorganic solid),\ntotal weight 15.0 grams\n2.\nlanthanum nickel aluminum alloy (absorbs and desorbs hydrogen). Total weight 10.0 grams\nWe plan to ship this prototype to Vegas for a showing in January. The entire assembly needs to be shipped as one unit\nbeing assembled in our laboratory here in Merritt Island, Florida.\nI see there is a section in the IATA manual on fuel cell engines (UN 3166) but I am thinking the packing instructions (PI\n950) is telling me the fuel tank has to be empty. Essentially this is the case since the hydrogen is trapped in the solid until\nwe connect the power leads of fuel cell to the device it will power. The actual operation of the fuel cell is not possible\nuntil it is connected to a load and then purged with hydrogen (as to prime the fuel cell). The fuel does not emit hydrogen\nuntil the waste water from the \"operating fuel cell\" comes in contact with the fuel and the fuel cell will not operate until\nthe fuel cell is connected to the operating system and then primed with hydrogen. The operating system (computer and\nother electrical devices) will not be shipped in the same package. We have to have this \"solid fuel\" installed in our lab\nprior to shipment since the fuel needs to be loaded under controlled conditions.\nAlternatively, we could simply ship the whole assembly on the basis of the fuel itself. The lanthanum nickel aluminum\nalloy is not regulated, as seen in a SDS from Aldrich while the other fuel component (Lithium aluminum hydride/metal\nchloride) would be listed as (UN 3131) Water Reactive Solid, corrosive N.O.S..\n1\n\n<<<PAGE 3>>>\n\nIn either case, I would secure the fuel cell assembly in a vacuum sealed bag, further seal a collection of these fuel cell\nassemblies into a bag and then into the appropriate can with a locked ring top, then into a DOT-SP 9168 packaging that\nis marked for cargo shipping only.\nI have contacted Fedex and they instructed me to request a letter of Interp from your office and obtain the proper way\nto ship this item.\nYour prompt response in this matter is greatly appreciated.\nRegards\nDouglas A. Knight Ph.D.\nPrincipal Engineer - Fuel Chemistry\n# Intelligent Energy\nPh.+1 803-522-0252\nE douglas.knight@intelligent-energy.com\nIntelligent Energy\n505 Odyssey Way\nMerritt Island, FL 32953 USA\n[WWW | Facebook | Twitter |TheEnergyLoft|\nand is a wholly owned subsidiary of Intelligent Energy Limited.\nCopyright © 2015 Intelligent Energy Inc. All Rights reserved. Intelligent Energy Inc. is registered at 1731 Technolagy Drive, Suite 755, San Jose, CA 95110, USA\nughborough, Leicestershire, United Kingdom, LE11 3GB, For further details go to www.intelligent-energy.co\ntelligent Energy Limited is registered in England. Company Registration Number 03958217. Registered Office: Charnwood Building Holywell Park, Ashby Roa\nThis email and attachments may contain technical data or technology subject to U.S. export control laws. Do not forward, transmit, disclose, divert, export, re-\nexport, transfer, re-transfer, or access contrary to U.S. law.\nontact the sender by e-mail and permanently delete the email and attachments. Contents of this email may not reflect the views of Intelligent Energy. E-mail is :\nhis email and attachments are contidential and intended for the recipient only. Do not use, copy or disclose to anyone. If received in error, please immediate\nrisk of accidental or deliberate data corruption. it is advisable to obtain written confirmation of any important content before relying on it. All emails may be\nintercepted and/or monitored for operational and business reasons.\n.......\n2","truncated":false,"body_characters":6991}