Interpretation Response #04-0154 ([CapAnalysis] [Mr. George A. Kerchner])

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

Interpretation Response Details

Response Publish Date: 08/02/2004

Company Name: CapAnalysis

Individual Name: Mr. George A. Kerchner

Location State: DC Country: US

View the Interpretation Document

Response text:

Aug 2, 2004

Mr. George A. Kerchner                 Reference No. 04-0154
Manager
CapAnalysis
1299 Pennsylvania Ave., N.W.
Washington, DC 20004

Dear Mr. Kerchner:

This is in response to your letter requesting clarification of provisions for lithium and
lithium ion batteries shipped internationally in accordance with the International Air
Transport Association’s (IATA) standards, International Civil Aviation Organization’s
Technical Instructions for the Safe Transport of Dangerous Goods by Air (ICAO
Technical Instructions) and the International Maritime Dangerous Goods (IMDG) Code.

Specifically you ask. whether all lithium and lithium ion batteries, including those containing not more than 2 grams of lithium metal and not more than 8 grams of equivalent lithium content are subject to the United Nations Manual of Tests and Criteria, Part III, Sub-section 38.3.

The answer is yes. The IATA regulations do not have official standing under the U.S. Hazardous Materials Regulations (HMR; 49 CFR Parts 171.180). The regulation recognized by the HMR and authorized in § 171.11 as an alternative to compliance with HMR requirements is the International Civil Aviation Organization’s Technical Instructions for the Safe Transport of Dangerous Goods by Air (ICAO Technical Instructions). In accordance with ICAO Technical Instructions special provision “A45(f),” lithium cells and batteries that were manufactured before January 1, 2003, that have not been tested in accordance with the testing requirements in Chapter 38.3 of the UN Manual of Tests and Criteria maybe transported until December 31, 2004, if all of the other applicable requirements are met. However, the ICAO Technical Instructions require all lithium cells and batteries manufactured after January 1, 2003, to be tested in accordance with the UN Manual of Tests and Criteria.

For transportation by vessel, special provision “310” of the International Maritime Dangerous Goods (IMDG) Code states that the testing requirements in chapter 38.3 of the UN Manual of Tests and Criteria do not apply to production runs consisting of not more than 100 lithium cells and batteries, or to pre-production prototypes of lithium cells and batteries when these prototypes are transported for testing, if;

1.     The cells and batteries are transported in an outer packaging that is a metal, plastics or plywood drum or a metal, plastics, or wooden box and that meets the criteria for Packing Group I packagings; and
2.     Each cell and battery is individually packed in an inner packaging inside an outer packaging and is surrounded by cushioning material that is non-combustible and non-conductive.

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

173.185

Regulation Sections