{"operation":"document","citation":"17-0037","title":"Paper Battery Company — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2017-08-15","effective_on":null,"summary":"17-0037 response to Paper Battery Company concerning 173.176.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-17-0037.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-17-0037.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-17-0037","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2017/170037.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nAUG 1 5·2017\nMr. Peter S. Ellenwood\nProject Engineer\nPaper Battery Company\n165 Jordan Road\nTroy, NY 12180\nReference No. 17-0037\nDear Mr. Ellenwood:\nThis letter is in response to your April 13, 2017, email requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to asymmetric capacitors. You\nexplain that your company produces asymmetric capacitors that are classified as \"UN3508,\nCapacitor, asymmetric, Class 9\"; have energy storage capacity ratings of less than 20 watt hours\n(Wh) each; and have been successfully drop tested at heights of 1.2 meters or more.\nSpecifically, you ask for the ground and air shipping requirements, such as documentation,\nlabeling, marking, and packaging, for the capacitors described in your email.\n• As prescribed in § 173 .176, capacitors-including those containing an electrolyte that\ndoes not meet the definition of any hazard class or division as defined in Part 173 of the\nHMR-must conform to the following requirements:\nWhen an asymmetric capacitor's energy storage capacity is greater than 0.3 Wh,\nor when the energy storage capacity of each capacitor in a module is greater than\n0.3 Wh, the capacitor or module must be protected against short circuit.\nCapacitors containing an electrolyte that meets the definition of one or more\nhazard class or division as defined in Part 173 of the HMR, must be designed to\nwithstand a 95 kPa (0.95 bar, 14 psi) pressure differential.\nCapacitors must be designed and constructed to safely relieve pressure that may\nbuild up in use, through a vent or a weak point in the capacitor casing. Any liquid\nthat is released upon venting must be contained by the packaging or by the\nequipment in which a capacitor is installed.\nAsymmetric capacitors manufactured after December 31, 2015, must be marked\nwith the energy storage capacity in Wh.\n• Capacitors must be packed in strong outer packagings. For transport by air, capacitors\nmust be securely cushioned within the outer packagings. Capacitors installed in\n\n<<<PAGE 2>>>\n\nequipment may be offered for transport unpackaged or on pallets, when the capacitors are\nafforded equivalent protection by the equipment in which they are contained.\n• Capacitors containing an electrolyte not meeting the definition of any hazard class or\ndivision as defmed in Part 1 73 of the HMR, including when configured in a module or\nwhen installed in equipment, are not subject to any other requirements of the HMR.\n• Asymmetric capacitors containing an electrolyte that meets the defmition of one or more\nhazard class or division as defined in Part 173 of the HMR, with an energy storage\ncapacity of 20 Wh or less, including when configured in a module, are not subject to\nother provisions of the HMR when the capacitors are capable of withstanding a 1.2 meter\n(3.9 feet) drop test unpackaged onto a rigid, non-resilient, flat and horizontal surface\nwithout loss of contents.\n• Asymmetric capacitors containing an electrolyte meeting the definition of one or more\nhazard class or division as defined in Part 173 of the HMR, that are not installed in\nequipment, and with an energy storage capacity of more than 20 Wh are subject to the\nrequirements of the HMR.\n• Capacitors installed in equipment and containing an electrolyte meeting the defmition of\none or more hazard class or division as defined in Part 173 of the HMR, are not subject to\nany other requirements of the HMR, provided the equipment is packaged in a strong\nouter packaging and in such a manner as to prevent accidental functioning of the\ncapacitors during transport. Large, robust equipment containing capacitors may be\noffered for transport unpackaged or on pallets when the capacitors are afforded\nequivalent protection by the equipment in which they are contained.\nIt is the opinion of this Office that if the capacitors described in your email meet the\nrequirements prescribed in § 1 73 .176 (a) and ( e ), they are eligible for the exceptions from the\ndocumentation, labeling, and marking requirements of the HMR.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n2\n\n<<<PAGE 3>>>\n\nDodd, Alice (PHMSA)\nFrom:\nSent:\nTo:\nSubject:\nINFOCNTR (PHMSA)\nThursday, April 13, 2017 4:39 PM\nHazmat Interps\nFW: Request for formal letters of interpretation\nHi Shante/Alice,\nPlease submit this as a letter of interpretation. Mr. Ellenwood spoke with Eamonn.\nPlease let me know if you have any questions.\nThanks,\nJordan\nFrom: Peter Ellenwood [mailto:pellenwood@paperbatteryco.com]\nSent: Thursday, April 13, 2017 4:32 PM\nTo: INFOCNTR (PHMSA) <INFOCNTR.INFOCNTR@dot.gov>\nSubject: Request for formal letters of interpretation\nGood afternoon.\nOur company produces asymmetric capacitors which are classified for shipment as UN 3508, a Class 9\nhazardous material. These products are UL certified under protocol UL 810 A. All of our products have\ncapacities of less than 20 Wh and have successfully completed drop tests by UL and other independent\nlaboratories from heights of 1.2 meter or more.\nWe believe that the contents of 49 CFR 173.176 and IATA Special Provision A 196 provide relief from the\ndocumentation, labeling, and marking requirements that would otherwise need to be met for shipping our\nproducts. We understand that 49 CFR 173.176 and IATA Special Provision A 196 spell out packaging and\nproduct requirements that must be met for our product to ship and are secure in the knowledge that we meet\nthose requirements.\nWe are interested in formal letters of interpretation for the air and ground shipment of our capacitors in order to\nclear up any uncertainties on anyone' s part that we ship our products according to the letter of the applicable\nregulations.\nPlease let me know if more information is required. Thank you for your consideration in this matter.\n1\n\n<<<PAGE 4>>>\n\nBest regards,\nPeter S. Ellenwood\nProject Engineer\nPaper Battery Company\n165 Jordan Road\nTroy, NY 12180\n518-269-9990\n******\n********\n************\n*******\nThis message is intended for the addressee only and may contain privileged or confidential information. Unless\nyou are the intended recipient, you may not use, copy or disclose to anyone any intormation contained in this\nmessage. If you have received this message in error, please notify the author directly by replying to this\nmessage and then kindly delete the message. Thank\nyou.\n2","truncated":false,"body_characters":6623}