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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

Regulation Sections