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Interpretation Response #11-0307 ([ICC Nexergy] [Mr. David Brongiel A])

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

Interpretation Response Details

Response Publish Date:

Company Name: ICC Nexergy

Individual Name: Mr. David Brongiel A

Location State: IL Country: US

View the Interpretation Document

Response text:

February 8, 2012

Mr. David Brongiel
Applications Engineering Manager
ICC Nexergy
4 Westbrook Corporate Center, Suite 900
Westchester, IL 60154

Ref. No.: 11-0307

Dear Mr. Brongiel:

This responds to your December 8, 2011 letter regarding the requirements in the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to a lithium ion battery pack. In your letter you describe a device that uses three 95 Watt-hour lithium ion batteries, each of which consists of 24, 1.1 Ah cells in a 4S6P configuration. In a previous letter (11-0143) we advised you that your device met the definition of a battery as defined in section 38.3 of the United Nations Manual of Tests and Criteria rather than three separate batteries because the three lithium ion battery packs were electrically connected. According to your letter, you have since redesigned the battery pack to include a 3-pole rocker switch that physically isolates the three batteries. You ask if the configuration described in your letter may be considered three separate 95 Watt-hour lithium ion batteries for the purposes of the HMR.

Yes, because the rocker switch physically isolates the individual battery packs from each other this configuration would constitute separate lithium ion battery packs. Additionally, the measures described in your letter to prevent damage, short circuits and accidental activation during transport, (securing the batteries in the device, shipping the batteries in a shutdown state that cannot be changed without input power and a command from the host device) appear to meet the additional requirements of § 172.102, Special Provision 188.

Please note that prior to transportation in commerce, each lithium ion battery pack must be of a type proven to successfully pass all of the applicable tests in Section 38.3 of the UN Manual of Tests and Criteria.

I hope this answers your inquiry. If you need additional assistance, please contact the Standards and Rulemaking Division at (202) 366-8553.



Ben Supko
Acting Chief, Standards Development
Standards and Rulemaking Division

172.102 SP 188

Regulation Sections

Section Subject
173.185 Lithium cells and batteries