{"operation":"document","citation":"17-0101","title":"Preco, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2018-07-23","effective_on":null,"summary":"17-0101 response to Preco, Inc. concerning 173.185.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-17-0101.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-17-0101.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-17-0101","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/60196/170101.pdf","body":"<<>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nJUL 2 3 2018\nBrian Wiedow\nRegulatory Specialist\nPreco, Inc.\n500 Laser Drive\nSomerset, WI 54025\nReference No. 17-0101\nDear Mr. Wiedow:\nThis letter is in response to your September 1, 201 7, email and subsequent phone and email\nconversations requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR\nParts 171-180) applicable to the testing of lithium ion batteries in accordance with Part III, Sub-\nsection 38.3 of the United Nations (UN) Manual of Tests and Criteria. In your email and\nsubsequent phone and email conversations, you describe the following scenario:\n• Your company receives lithium ion cells from a supplier. These cells are of a type that\nhas passed applicable UN 38.3 tests.\n• Your company uses the lithium ion cells to build an assembly. The lithium ion cells\ninstalled, in either series or parallel, are electrically connected. This configuration has\nnot been UN 38.3 tested.\n• The assembly is placed in a container and then shipped to the customer, where they\ninstall control boards and terminals in the assembly to complete the lithium ion battery.\nThis completed battery has passed UN 38.3 testing.\nSpecifically, you ask if the assembled cells must undergo UN 38.3 testing before being shipped\nto the customer.\nThe answer is yes. In accordance with Part III, Sub-section 38.3 of the UN Manual of Tests and\nCriteria, a battery is defined as \"two or more cells which are electrically connected together and\nfitted with qevices necessary for use, for example, case, terminals, marking and protective\ndevices.\" Based on the information provided in your email, it is the opinion of this Office that\nbecause the cell assembly shipped to the customer is electrically connected and contains some\ncomponents of a battery, it meets the general definition of a battery, even though the customer\nfits the assembly with additional devices at a later stage to complete the battery.\nThis partial battery must pass the appropriate tests, unless meeting an exception from UN 38.3\ntesting in § 173 .185, such as § 173 .185( e) for low production runs and prototype batteries. If it\ncannot pass the appropriate tests or meet an exception, you may wish to apply for a special\n\n<<>>\n\npermit in accordance with Part 107, Subpart B. Please note that the shipment to the customer\nmust also comply with all applicable packaging requirements for lithium ion batteries.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\n\n<<>>\n\nDodd, Alice (PHMSA)\nFrom: INFOCNTR (PHMSA)\nSent:\nTo:\nFriday, September 01, 2017 5:03 PM\nHazmat Interps\nSubject: FW: Lithium Ion shipments\nHI Alice,\nThanks,\nJodi\nPlease submit this as a letter of interpretation. Let me know if you have any questions.\nFrom: Brian Wiedow [mailto:bwiedow@precoinc.com]\nSent: Friday, September 01, 2017 11:25 AM\nTo: INFOCNTR (PHMSA) \nCc: Brian Wiedow \nSubject: Lithium Ion shipments\nHello,\nOn August 31, 2017 Brian Wiedow from Preco, Inc. had a phone conversation with Eamonn at the US DOT Hazardous\nMaterials Information Center. The following is a summary of the conversation.\nPreco receives lithium ion cells from the supplier. These cells have passed UN 38.3 testing.\nPreco builds an assembly using these cells. This assembly is placed in to the container in which it will be used in\nservice. Preco ships this assembly to the customer.\nThe customer opens the container and adds devices and terminals to the assembly to make a completed battery. This\nfinished battery has passed UN 38.3 testing.\nFrom our conversation, the assembly created at Preco from individual cells is not a battery according to the definition in\nUN 38.3 testing standard and does not need to be tested. Preco's position is since we are using cells that have passed\ntesting in our assembly, and the assembly is then later made into a battery that has passed testing, our assembly can be\nshipped without it being a hazard orthe shipment being a violation of UN 38.3.\nCan you please provide a response that our interpretation documented here is correct, or provide clarification as\nneeded?\nWe appreciate your assistance. If you need further details please let me know.\nThanks,\nBrian\nBrian Wiedow\nRegulatory Specialist\nPreco, Inc.\n500 Laser Dr. I Somerset, WI 54025\n1\n\n<<>>\n\n715.247.3285 ext. 1284\nI PRECO. )\nwv,w. ore, ::;o inc. corn\nD Pre co Yo uTube\nPreco Legal Notice: The contents of this e-mail (and any attachments) are the confidential information of Preco, Inc and\nfurther may be privileged and contain copyright material. The intended recipient may only reproduce or distribute\nmaterial if the intended recipient is expressly authorized in writing by Preco, Inc. If you are not the intended recipient,\nany use, disclosure or copying of this email (and any attachments) is unauthorized. If you have received this e-mail in\nerror, please notify the sender and immediately delete this e-mail and any copies of it from your system.\n2","truncated":false,"body_characters":5155}