Interpretation Response #25-0002
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Director of Quality
Individual Name: Jared Hurst
Location State: UT Country: US
View the Interpretation Document
Response text:
May 09, 2025
Jared Hurst
Director of Quality
LiveView Technologies
802 E. 1050 S.
American Fork, UT 84003
Reference No. 25-0002
Dear Mr. Hurst:
This letter is in response to your January 10, 2025 email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the shipment of equipment using solar, battery, and fuel cell technology. In your email, you state that your company manufactures mobile monitoring units that use hazardous materials; specifically, Class 9 lithium ion batteries and Class 3 methanol fuel cell cartridges. You note that these units utilize both solar panels and a fuel cell generator to charge the lithium ion batteries that provide power to operate the system. Based on § 172.101 hazardous materials table entry for “UN3528, Engine, internal combustion, flammable liquid powered or Engine, fuel cell, flammable liquid powered or Machinery, internal combustion, flammable liquid powered or Machinery, fuel cell, flammable liquid powered, 3” and the associated packaging and transportation requirements found in § 173.220, you believe an accurate classification and description of your equipment is “UN3528, Machinery, fuel cell, flammable liquid powered, 3.”
You further explain that these mobile monitoring units contain three lithium ion batteries, each weighing 50 lbs. (22.7 kg), which are securely installed upright in a battery holder and protected against damage and short circuit and have a 100 percent state of charge when transported. Moreover, you explain that these mobile monitoring units also contain four fuel cell cartridges each filled with 7.4 gallons (28 liters) of methanol, which serves as the fuel source for the generator to charge the lithium ion batteries when solar charging is not available. The fuel cells are securely housed within the units, compliant with Occupational Safety and Health Administration (OSHA) standards and designed to prevent damage and spills. You seek confirmation that “UN3528” and the associated packaging requirements are appropriate, that it is acceptable to transport these units as described as cargo on a motor vehicle or vessel, and that these units are excepted from HMR requirements regarding shipping papers, emergency response information, placarding, hazmat training, and record retention.
In accordance with 49 CFR § 173.22 of the HMR, it is the shipper’s responsibility to properly classify and describe a hazardous material. However, based on the information provided, it is the opinion of this Office that your mobile monitoring units are appropriately classified and described using “UN3528, Machinery, fuel cell, flammable liquid powered, 3.” Additionally, as required in § 173.220(d), lithium batteries contained in vehicles, engines, or mechanical equipment must be securely fastened in the battery holder and protected to prevent damage and short circuits and each lithium battery must be of a type that has successfully passed each test in the UN Manual of Tests and Criteria as specified in § 173.185. Furthermore, lithium batteries with a state of charge (SoC) limitation of 100 percent is permitted for highway and vessel transport. For fuel cells within the equipment, they must be secured and protected to avoid damage to the fuel cell. Equipment (other than vehicles, engines, or mechanical equipment) such as consumer electronic devices containing fuel cells (e.g., fuel cell cartridges) should be described as “Fuel cell cartridges contained in equipment” and transported in accordance with the requirements found in § 173.230. Finally, shipments made under the provisions of § 173.220(h) are not subject to any other requirements (i.e., shipping paper, emergency response information, placarding, training, or record retention) when transported by motor vehicle or rail car. Note, for transportation by vessel, these units would still be subject to labeling and shipping paper requirements (please see § 176.906).
Sincerely,
Dirk Der Kinderen
Chief, Standards Development Branch
Standards and Rulemaking Division
172.101, 173.22, 173.185, 173.220, 173.220(d), 173.230, 173.220(h), 176.906