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