{"operation":"document","citation":"98-0383","title":"Radian International — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"1999-03-31","effective_on":null,"summary":"98-0383 response to Radian International concerning 173.185.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-98-0383.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-98-0383.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-98-0383","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/1998/980383.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\n400 Seventh Street, S.W.\nSpecial Programs\nResearch and\nWashington, D.C.\n20590\nAdministration\nMAR 3 | 1999\nMr. Andrew N. Romach\nCorporate Regulatory Manager\nRadian International\nPost Office Box 13000\nResearch Triangle Park, NC 27709\nRef. No. 98-0383\nDear Mr. Romach:\nThis is in response to your letter requesting clarification relating to lithium batteries under the\nprovisions of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180).\nYour questions have been paraphrased and answered as follows:\nQ1.\nIn the United Nation's (UN) Recommendations on the Transport of Dangerous\nGoods, Manual of Tests and Criteria, the word \"battery\" means two or more cells\nwhich are electrically connected together by a permanent means. Is this definition\napplicable to the provisions specified in § 173.185? *\n.: •\n.:\nAl.\nYes, the UN definition of a \"battery\" is applicable to the lithium battery\nprovisions specified in § 173.185.\nQ2.\nIf the Department of Transportation does not recognize this definition, how does\nDOT define the word \"battery?\"\nA2.\nSee above response.\nQ3.\nDoes the term \"permanent means\" include a soldered or welded connection, or a\nconnection screwed together?\nA3.\nThe term \"permanent means\" could include a soldered or welded connection, but\nnot a connection screwed together.\nQ4.\nWould examples of a non-permanent means include metal clips or holders where\nthe batteries could be removed easily?\n\n<<<PAGE 2>>>\n\nA4.\nYes, metal clips or holders are considered a non-permanent means of attachment.\n05.\nDoes the enclosed diagram constitute one battery or many batteries, assuming the\nindividual cells are clipped into battery holders so the cell can be removed\nreadily?\nA5.\nBased on your diagram, you have one battery containing 16 cells.\nI hope this answers your inquiry. If you need additional assistance, do not hesitate to contact us.\nSincerely,\nThoms Allen\nThomas G. Allan\nSenior Transportation Regulations Specialist\nOffice of Hazardous Materials Standards\n2\n\n<<<PAGE 3>>>\n\nFROM:\nRADIAN\nINTERNATIONAL\nFAX NO.:\n9194611374\n12-23-98\n10:27A\nP. 02\nRADIAN INTERNATIONAL\nkarim\nBRUM\nA DAMES & MOORE GROUP COMPANY\n3173.185\nPost Office Box 13000\niviallble Address:\nResearch Inangle Park\nNorth Carolina 27709\nDecember 23, 1998\nPhysical/Shipping Address:\nMorrisville, North Carolina 27560\n1600 Perimerer Park Drive\n919 461 1415 Fax\n919 461 1100 Tcl\nMr. Ed Mazzullo, Director\nOffice of Hazardous Material Standards\n98-0383\nResearch and Special Programs Administration\nU.S. Department of Transportation\n400 7th Street, SW\nWashington. DC 20509-0001\nFAX: (202) 366-3012\nDear Mr. Mazzullo:\nThe manufacture and production of certain equipment containing lithium batteries is\nbeing delayed until DOT issues a regulatory response to the questions listed below. For\nthis reason, I am asking for an expedited response from DOT to these questions.\nI am writing to you to request a written regulatory interpretation concerning the\napplicability of the hazardous material regulations (HMR) to the following transportation\nscenario involving the shipment of lithium batteries contained in equipment. The piece\nof equipment in question contains a battery pack, which is comprised of eight single cell\nlithium batteries configured in series and in parallel. Refer to the schematic in Figure 1.\nBased on discussions with your DOT HAZMAT regulatory exports, a specific definition\nfor \"battery\" is not provided in the HMR, including 49 CFR $173.185, where specific\nrequirements for shipping lithium batteries and cells are found.\nHowever, in 49 CPR §173.185(c), an exception is given for lithium cells and batteries\nthat meet four specified criteria. The third criterion given in paragraph (c)(3) reads:\n(3) Each cell or battery is of the type proven to be non-dangerous by testing in\naccordance with tests in the UN Manual of Tests and Criteria, such testing must\nbe carried out on each type prior to the initial transport of that type.\nIn the UN publication referenced here, entitled Recommendations on the Transport of\nDangerous Goods, Manual of Tests and Criteria, Second revised edition (United Nations,\n1997), the following definition of \"battery\" is found in Section 38.3.3.2 on p. 364:\nBattery moans two or more cells which are electrically connected together by a\npermanent means,\nengincering Services in Nor Carolin aru performed through Radian Internatioral's wiloky owned subsidiary, Radian Engineering, Inc.\nOffices Worldwide\n\n<<<PAGE 4>>>\n\nFROM:\nRADIAN INTERNATIONAL\nFAX NO.:\n9194611374\n12-23-98\n10:27A\nP.03\nRADIAN INTERNATIONAL\nA DAMES & MOORE GROUP COMPANY\nI have several questions concening lithium batteries:\n• Does the DOT Office of Hazardous Material Standards apply the above UN definition\nfor determining compliance with 49 CFR §173.185?\n• If the DOT does not apply the above definition, how does DOT define battery?\n• In the section on UN testing in the above-referenced manual, no further explanation of the\nterma \"permanent means\" is given. In an effort to clarify the term \"permanent means\":\nWould examples of a \"permanent means\" include a soldered or welded connection, ot a\nscrewed together connection?\n•\nWould examples of a \"non-pormanent means\" include metal clips or holders where the\nbatteries could be removed easily?\n• Under the DOT's definition of a battery, would the attached schematic in Figure 1\nrepresent onc battery or many battcries, assuming the individual cells were clipped into\nbattery holders where the cells could be removed readily?\nI would appreciate your clarification of these issues. Thank you for your attention to this\nmatter. If you have any questions concerning my request for clarification, please call me\ndircctly at (919) 461-1220.\nSincerely,\nALAS\nAndrew N. Romach\nCorporate Regulatory Manager\nRadian International\nCc: Carolyn Norris, Radian/RTP\nBrian Schimmoller, Radian/ Austin\nOffice: Woridwide\n\n<<<PAGE 5>>>\n\nFigure 1: Battery Pack Schematic\nDiodes, 8\nssvitch\nFuse\nDLI23\n3V\npairs in\nA, 8\nholders\nOttices Worldwide","truncated":false,"body_characters":6013}