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Interpretation Response #07-0202 ([Department of the Navy, Naval Air Systems Command] [Mr. Joseph J. Krowitz])

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

Interpretation Response Details

Response Publish Date:

Company Name: Department of the Navy, Naval Air Systems Command

Individual Name: Mr. Joseph J. Krowitz

Location State: MD Country: US

View the Interpretation Document

Response text:

December 7, 2007

Mr. Joseph J. Krowitz
Department of the Navy
Naval Air Systems Command
Building 2272, Room 350 NAS
47123 Buse Road
Patuxent River, MD 20670-1537

Ref. No.: 07-0202

Dear Mr. Krowitz:

This is in response to your October 15, 2007 letter regarding the transportation of primary lithium batteries contained in equipment under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). According to your letter, your equipment containing one or two primary lithium batteries is authorized for transport via passenger aircraft because it meets the exception specified in Special Provision A101, in § 172.102 of the HMR. You ask if the equipment described in your letter must be shipped as a Class 9 material.

The answer is no. A piece of equipment containing a lithium battery must be transported as a Class 9 material if the battery contained therein is subject to the HMR as a Class 9 material. Based on the description in your letter, your batteries are excepted from the HMR; therefore, the equipment is not required to be shipped as a Class 9 material.

I hope this information is helpful. If you have further questions, please do not hesitate to contact this office.


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

172.102 Special Provision A101

Regulation Sections

Section Subject
173.185 Lithium cells and batteries