Interpretation Response #15-0093 ([Wiley Rein LLP] [Mr. Roger Miksad])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Wiley Rein LLP
Individual Name: Mr. Roger Miksad
Location State: DC Country: US
View the Interpretation Document
Response text:
August 27, 2015
Mr. Roger Miksad
Associate
Wiley Rein LLP
1776 K Street NW
Washington, DC 20006
Ref. No. 15-0093
Dear Mr. Miksad:
This responds to your May 4, 2015 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 battery pack comprised of several sets of cells contained in a single outer casing. You also provide a proprietary memorandum that described the configuration in more detail along with associated schematics. As described in your letter the lithium ion battery pack is capable of being placed into one of three modes: a "transport state," a "first working state" and a "second working state." In the transport state the sets of cells in the battery pack are physically and electrically disconnected from each other through the use of a "transport cap." The transport cap fixes the battery pack in the transport state and prevents movement to one of the working states. You request confirmation of your understanding that when the transport cap is installed into the lithium ion battery pack, the battery pack would constitute separate lithium batteries.
Based on the information described in your letter, the lithium ion battery pack configuration and the associated schematics, it is the opinion of this Office that your lithium ion battery pack would constitute individual lithium batteries when the transport cap is installed. In several previous letters (14-0152, 11-0307, 10-0264 and 09-0182) we stated that a battery pack comprised of multiple cells or batteries that incorporate a switch or other means so that the cells or batteries are electrically isolated would be considered separate batteries. In this case, provided the transport cap electrically isolates the sets of cells then each set of cells would be considered a separate lithium ion battery. If the transport cap is not installed, not functional, or the battery pack is in one of the working states, the pack would constitute a single lithium ion battery. The resulting single lithium ion battery must comply with all applicable requirements of the HMR.
Please note that prior to transportation in commerce the lithium ion battery pack described in your letter 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 for each state prior to transport.
I hope this answers your inquiry. If you need additional assistance, please contact the Standards and Rulemaking Division at (202) 366-8553.
Sincerely,
Duane Pfund
International Standards Coordinator
Standards and Rulemaking Division