Interpretation Response #04-0139 ([Dukane Corporation] [Mr. Thomas A. Green])

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

Interpretation Response Details

Response Publish Date: 03/08/2005

Company Name: Dukane Corporation

Individual Name: Mr. Thomas A. Green

Location State: IL Country: US

View the Interpretation Document

Response text:

Mar 8, 2005

Mr. Thomas A. Greenacre                 Reference No. 04-0 139
President, Seacom Division
Dukane Corporation
2900 Dukane Drive
St. Charles, IL 60174

Dear Mr. Greenacre:

This is in response to your letter, product safety data sheet, and recent telephone conversation with a member of my staff concerning whether or not your company s single-cell, solid-cathode lithium battery, described as “Lithium battery, 9 (miscellaneous), UN 3090, PG II, meets the requirements of Special Provision A45 of the International Civil Aviation Organization (ICAO) Technical Instructions for the Transport of Dangerous Goods by Air (Technical Instructions). The product safety data sheet you provided states the single-cell battery contains 1.3 grams (0.046 ounces) of lithium metal.

Based on the information you provided, the lithium content in your company’s battery exceeds the amount permitted in a cell under Special Provision A45 of the ICAO Technical Instructions and may not be transported under this exception. Special Provision A45 requires a lithium metal cell to have a lithium content of 1 gram (0.03 5 ounces) or less.

You also asked how the words “cell” and “battery” are defined under the Hazardous Materials Regulations (HMR; 49 CFR Parts 17 1-180). The definitions that; apply to lithium batteries under the HMR are located in the UN Manual of Tests and Criteria. The third edition of the manual defines a cell as a single encased electrochemical unit that exhibits a voltage differential across its two terminals and defines a battery as two or more cells that are electrically connected together by a permanent means. The fourth edition of the UN Manual of Tests and Criteria further clarifies that an encased electrochemical unit meets the definition of a cell and not a battery, and defines a battery as one cell and also includes its case, terminals, and markings. Under the 2005-2006 Edition of the ICAO Technical Instructions, these revisions became effective on January 1, 2005 (see “Manual of Tests and Criteria” in Section 3.1.1). On December 20, 2004, we published a final rule in the Federal Register that incorporates by reference into the HMR the fourth Edition of the UN Manual of Tests and Criteria under § 171.7(a)(3) (see Docket No. RSPA-04-17036 (HM 215G); 69 FR 76044). This final rule, entitled “Harmonization with the United Nations Recommendations, International Maritime Dangerous Goods Code, and International Civil Aviation Organization’s Technical Instructions,” became effective on January 1, 2005, and has a mandatory compliance date of January 1, 2006.

Also, please note for your information that on December 15, 2004, we published an interim final rule (Docket No. RSPA-04-19886 (HM-224E), 69 FR 75208) imposing a limited prohibition on the transportation of primary (non-rechargeable) lithium cells and batteries as cargo aboard passenger-carrying aircraft and equipment containing or packed with large lithium batteries. We have enclosed a copy for your reference.

I hope this satisfies your request.

Sincerely,

Hattie L. Mitchell,
Chief, Regulatory Review and Reinvention
Office of Hazardous Materials Standards
Enclosure

172.102

Regulation Sections