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Interpretation Response #07-0007 ([Foley & Lardner, LLP] [Ms. Katherine E. Lazarski])

Below is the interpretation response detail and a list of regulations sections applicable to this response.

Interpretation Response Details

Response Publish Date:

Company Name: Foley & Lardner, LLP

Individual Name: Ms. Katherine E. Lazarski

Location State: DC Country: US

View the Interpretation Document

Response text:

Feb 28, 2007

Ms. Katherine E. Lazarski                     
Reference No. 07-0007
Foley & Lardner, LLP
777 East Wisconsin Avenue
Milwaukee, WI 53202-5306

Dear Ms. Lazarski:

This is in response to your December 26, 2006 letter regarding the applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to the transportation of certain ultracapacitors. In your letter, you state the ultracapacitors consist of activated carbon saturated with a solution of quaternary salt and acetonitrile contained in an aluminum container sealed with a rubber hung. The ultracapacitors are individually packaged in vacuum sealed plastic bags in quantities between 50 and 500 depending on size. The plastic bags are placed in a corrugated fiberboard box surrounded by foam packing peanuts. Individual ultracapacitors contain between 0.09 grams and 6.58 grams of acetonitrile.

You cite a letter of interpretation dated May 20, 2003, in which we provided a determination, based on information provided in that letter, that an ultracapacitor containing 1.5 grams or less of acetonitrile absorbed in activated carbon in a sealed steel container is in a quantity and a form that does not pose a hazard in transportaticn. An ultracapacitor of a similar construction containing 1.5 grams or less of acetonitrile contained in a sealed aluminum container packaged in individual, vacuum sealed plastic bags is also in a quantity and form that does not pose a hazard in transportation. However, you did not provide information for us to determine if the ultracapacitors referenced in your letter that contain greater than 1.5 grams of acetonitrile are in a quantity and form that does not pose a hazard in transportation. Therefore, the ultracapacitors described in your letter that contain greater than 1.5 grams of acetonitrile, should be described as "Dangerous Goods in Apparatus, 9, UN3363" (see § 173.222). Alternatively, these ultracpacitors may be transported in accordance with the small quantity exceptions, provided the requirements of § 173.4 are met.

I hope this information is helpful. Please contact us if you require additional assistance.

Sincerely,

John A. Gale
Chief, Standards Development
Office of Hazardous Materials Standards

171.1, 172.101

Regulation Sections

Section Subject
171.1 Applicability of Hazardous Materials Regulations (HMR) to persons and functions
172.101 Purpose and use of hazardous materials table