Interpretation Response #03-0049 ([Latham & Watkins LLP] [Mr. Kelly E. Richardson])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Latham & Watkins LLP
Individual Name: Mr. Kelly E. Richardson
Location State: CA Country: US
View the Interpretation Document
Response text:
May 20, 2003
Mr. Kelly E. Richardson Reference No. 03-0049
Latham & Watkins LLP
701 B Street, Suite 2100
San Diego, CA 92101-6197
Dear Mr. Richardson:
This responds to your January 29, 2003 letter regarding the applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to the transportation of certain ultracapacitors. Your letter states that the ultacapacitors, which are approximately the size of a quarter, are comprised of a sealed steel container that encloses layers of activated carbon, metal and plastic. The activated carbon is saturated with an electrolyte solution and the electrolyte contains quaternary salt and a small amount (1.5 grams or less) of acetonitrile. The ultracapacitors in question are the Maxwell models PC-5 and PC-10. You also submitted photographs and a test report from Underwriters Laboratories, Inc. Specifically, you ask whether the ultracapacitors are subject to the HMR. I apologize for the delay and any inconvenience it may have caused.
Based on the information you provided, it is our determination that 1.5 grams or less of acetonitrile in a sealed steel container is in a quantity and form that does not pose a hazard in transportation. Therefore, the ultacapacitors are not subject to the HMR.
I hope this satisfies your request.
Sincerely,
Hattie L. Mitchell
Chief, Regulatory Review and Reinvention
Office of Hazardous Materials Standards
171.1