Interpretation Response #17-0024
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Currie Associates, Inc.
Individual Name: Tom Fergison
Location State: NY Country: US
View the Interpretation Document
Response text:
February 7, 2018
Mr. Tom Ferguson
Director of Technical Services
Currie Associates, Inc.
Queensbury, NY 12804
Reference No. 17-0024
Dear Mr. Ferguson:
This is in response to your March 8, 2017, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the testing of a lithium ion battery design in accordance with the United Nations (UN) Manual of Tests and Criteria (MTC). In your email, you describe two scenarios in which the original component cells of a lithium ion battery that were successfully tested in accordance with the provisions of part III, sub-section 38.3 of the UN MTC are replaced with new cells and ask whether the battery design would be considered a new type and require testing.
You provide two scenarios where a battery manufacturer is no longer able to obtain component cells from the cell manufacturer used in the original battery design. In the first scenario, the battery manufacturer will develop cells for use in their battery. The new cells are constructed to the same design as the cells in the previously tested battery design. In the second scenario, replacement cells from another manufacturer will be used. In this scenario, the materials used for the anode and cathode have a slightly different composition from those of the original design while maintaining the same performance criteria as the original cell with regards to nominal energy, size, weight, etc.
For both scenarios, you ask if the lithium ion battery design, that was previously successfully tested, requires retesting if the component cells are replaced with cells manufactured to the same or similar cell design specifications, but are built by a different manufacturer and independently tested in accordance with the provisions of part III, sub-section 38.3 of the UN MTC?
Based on the information provided, this Office cannot determine that the new component cells are identical to the old cells as there are various features inherent to the new cells (such as electrode makeups and a specific electrolyte) that may or may not be present in the old cells. The provisions in Section 38.3.2.2 are intended to provide a tolerance for minor differences from a tested type but any change that would lead to failure of any of the tests prescribed in this section is considered a new type and must be subjected to the required tests. Section 38.3.2.2 also describes the types of changes that may be considered sufficiently different from a tested type so that it might lead to a failure of any of the test results.
I hope this information is helpful. If you have further questions, please do not hesitate to contact this office.
Sincerely,
Duane Pfund
International Program Coordinator
Standards and Rulemaking Division