{"operation":"document","citation":"18-0105","title":"Sidley Austin LLP — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2018-10-15","effective_on":null,"summary":"18-0105 response to Sidley Austin LLP concerning 173.185.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-18-0105.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-18-0105.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-18-0105","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/69566/18-0105public.pdf","body":"<<>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nOCT 1 5 2018\nJudah Prero\nCounsel\nSidley Austin LLP\n1501 K Street NW\nWashington, DC 20005\nReference No. 18-0105\nDear Mr. Prero:\nThis letter is in response to your July 11, 2018, email requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to the classification of a lithium\nion battery contained in a computer server power converter. You describe a power converter that\nfunctions to convert externally supplied electricity from an alternating current to direct current\nfor the operation of a computer server. The power converter also contains a 32-volt (V) lithium\nion battery to supply emergency power to the computer server in the event of external power\nfailure. You ask whether the power converter with a lithium ion battery installed should be\nclassified as \"UN3480, Lithium ion battery\" or \"UN348 l, Lithium ion battery contained in\nequipment\" when it is shipped to the server assembler.\nThe power converter must be classified as \"UN3480, Lithium ion battery\" when shipped to the\nserver assembler. For the purposes of lithium batteries, \"equipment\" is defined in § 173.185 as\n\"the device or apparatus for which the lithium cells or batteries will provide electrical power for\nits operation.\" The battery's purpose in the converter is to supply emergency power to the\ncomputer server; thus, it must be transported using a proper shipping name that most\nappropriately describes the battery type housed in the power converter. However, once the\npower converter is installed into the computer server, the completed device, when transported,\nwould be classified as \"UN3481, Lithium ion battery contained in equipment.\"\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\n. t,~\nrrk rKin~ _\nChief, Standards Development Branch\nStandards and Rulemaking Division\n\n<<>>\n\nPlease check in this attachment as a letter of interpretation and assign it to me. Thanks!\nEamonn\nFrom: Prero, Judah [mailto:jprero@sidley.com]\nSent: Wednesday, July 11, 2018 11:52 AM\nTo: Patrick, Eamonn (PHMSA) \nSubject: Request for Interpretation\nEamonn - got a better understanding of this equipment - but my client decided it wanted to submit a formal request for\nan interpretation. Attached, please find that letter. Can you please forward it to the appropriate individuals?\nThank you again!\nJudah\nJUDAH PRERO\nCounsel\nSIDLEY AUSTIN LLP\n+1 202 736 8451\niprero@sidley.com\nFrom: Patrick, Eamonn (PHMSA) \nSent: Monday, June 25, 2018 10:58 AM\nTo: Prero, Judah < iprero@sidley.com>\nSubject: RE: Follow up\nJudah,\nI should be available most of the day.\nEamonn\n*********\n*********\n**********\nThis e-mail is sent by a law firm and may contain information that is privileged or confidential.\nIf you are not the intended recipient, please delete the e-mail and any attachments and notify us\nimmediately.\n1\n\n<<>>\n\n0\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey AVenue, SE\nWashington. D.C. 20590\nNOV 1 1 201!\nMr. Kendall Wilcox\nData Domain, DRS Division of EMC Corporation\n2421 Mission College Blvd.\nSanta Clara, CA 95054\nRef. No.: 12-0137\nDear Mr. Wilcox:\nThis responds to your June 24, 2012 letter requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to the requirements for\nlithium batteries. In your letter, you describe a 7.2V battery pack that consists of two United\nNations (UN) Manual of Tests and Criteria (UN 38.3) tested lithium ion cells connected in\nseries. The battery pack itself has been tested under section 38.3 of the UN Manual of Tests\nand Criteria and incorporates protective circuitry. You install these battery packs in your\nsyslems, which incorporate a charging circuit. You state that there arc between 3 and 6\nbattery packs on each system, each wilh its own identical charging circuit. The packs are\nconnected in parallel lo provide 7.2V power and are protected via fusing and diodes to\nprevent reverse currents between packs. ln addition, the packs and chargirtg circuits have\nbeen evaluated for compliance with UL2054 battery regulations. You ask if the fin~I\nconnected system, as shown in your attached diagram, must be evaluated to the UN 38.3\ntransportation test. If so, you ask whether every syste'm needs to be tested or can a single\nsystem be used to represent all of them, assuming all of the protection circuitry is identical.\nIt is the opinion of this Office that in your scenario, each bat.tcry assembly, with different\nnumbers of batlery packs, would not require additional testing under UN 38.3. Based on\nyour scenario, the final connected system you describe does not appear to be a ball.cry .\nassembly as described in UN 38.3(f). Under this section, the battery assembly is not\nrequired to undergo tests 3, 4, 5 and, in addition, test 7 in Lhe case of a rechargeable ba11ery\nassembly.\n., .. J\n(;µ /l-1 ,,,, ,\nt T \" \"'\nI hope this satisfies your inquiry. Please contact us if we can be of further assistance.\nSincerely,\nT, Glenn Foster\nChief, Regulawry Review and ReinvcrHion Branch\nStandards and Rulemaking Division\nI\nI\nf\n\n<<>>\n\nSIDLEY\nSIDLEY AUSTIN LLP\n1501 K STREET, N.W.\nWASHINGTON, D.C. 20005\n+1 202 736 6000\n+1 202 736 8711 FAX\nAMERICA • ASIA PACIFIC • EUROPE\nJPRERO@SIDLEY.COM\n+1 202 736 8451\nJuly 11, 2018\nMr. Dirk Der Kinderen\nChief, Standards Development Branch\nStandards and Rulemaking Division\nPipeline and Hazardous Materials Safety Administration\nUnited States Department of Transportation\n1200 New Jersey Avenue\nWashington, DC 20590\nRe: Classification of power conversion equipment that contains batteries\nDear Mr. Der Kinderen:\nI write to you on behalf of my client seeking clarification as to the Hazardous Materials\nRegulations (\"HMR\") classification of their product as \"UN 3481, Lithium Ion Batteries contained in\nequipment.\"\nMy client manufactures what is essentially a power converter (the \"Equipment\") that is used in\nconjunction with computer servers. The Equipment functions to convert AC electrical charge provided\nby the electrical utility into a DC charge that is utilized to power the computer server. By itself, the\nEquipment provides no power; It merely functions to convert the power input to a usable current for the\nattached computer server. However, in order to address the circumstance where there may be a power\nfailure and to ensure that the server may continue to operate, the Equipment also contains an\nemergency back-up battery. This battery is also connected to a converter. When the AC current\nprovided by the electrical utility stops flowing due to a power failure, the emergency battery backup in\nthe Equipment will be activated and its power will be converted and power the server until the regular\npower supply is restored. As mentioned, the Equipment is not intended to be a power source.\nThe enclosed attachment illustrates what the Equipment is and how it functions. In Figure 1, the\nsmall metal box in the.rear left corner is the Equipment. The power source is connected to the back of\nthis box. This box, which is approximately 12 in. x 7 in. x 1.5 in., is placed on the rear of a \"tray.\" In the\nfront of the tray is the server, comprised of processors and the printed circuit board. The box, which is\nthe Equipment, is connected to the server. Approximately 30-40 of these server \"trays\" are placed in a\ncabinet, and these trays are connected to a computer network from the front of each tray.\nFigure 2 illustrates how the Equipment functions. An AC electrical charge, as indicated by the\nsolid black arrows, comes in through the rear of the Equipment (black box on lower left), then proceeds\nSidley Aultin (DC) UP 11 a Delaware imllod HablNty partnerlhlp doing bUsiness as Sidley Aullin UP and pradidng In affiliation with other Sidley Aullin partnerships.\n\n<<>>\n\nSIDLEY\nMr. Dirk Der Kinderen\nJuly 11, 2018\nPage 2\nthrough the converter, and then flows out as DC charge via a connector to the server. As discussed,\nthere is also the emergency back-up battery, labelled as \"8 Cell 32 V Battery,\" which is connected to a\nconverter as well, and provides DC charge only when the regular power source is interruptec;I.\nThe Equipment is not a source of power and is not intended to function as a standalone source\nof power. Accordingly, it appears that, under the HMR, the Equipment could be appropriately classified\nas \"UN 3481, Lithium Ion Batteries Contained in Equipment'' as opposed to \"UN 3480, Lithium Ion .\nBatteries\" when being shipped to the server manufacturer. We seek your clarification on this matter of\nclassification.\nThank you for your assistance. Please let me know if any additional information is needed.\nSincerely,\nJudah Prero\nAttachment\n\n<<>>\n\nNVie SSDs\nUp to (8) M:2\nThis smaller metal bo\nrepresented In Figure 2 whicha\nnot to scale)\nDDRA DIMMS\nNext Gen CPUs\nking\nUp to (3) FHHL\nPiCle x16 Cards\n\n<<>>\n\nPage4\nFigure 2\nServer Blade MoUI Box\n------------------------·---------------------------------------------------------------\nr-p';;;;;;'i;;,,;;:.:.-;;,-;;-----------------------------------------1\nI\n,,\nI\nI\nI\nI\nI\nI\n.:\n. ,\nI\nI\nI\nI\nI\nI\nI\nI\n,,\nI\nI\nI\nI\nI\nI\nSatte,y M11N1tmenl SY5tem\n3ZV DC to 12VOC\nConverter\n8 Ceit 32V Battery\nSipoland\nPata\nConnector ;\n\"-·-,---...!\nI\nI\nI\n- -·-A- -\n•\n,\nOCOutput .\np.,_\nCo