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Interpretation Response #09-0085 ([Cell-Con, Inc.] [Mr. Steve Fricker])

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

Interpretation Response Details

Response Publish Date:

Company Name: Cell-Con, Inc.

Individual Name: Mr. Steve Fricker

Location State: PA Country: US

View the Interpretation Document

Response text:

May 21, 2009




Mr. Steve Fricker
Vice President
Cell-Con, Inc.
305 Commerce Drive, # 300
Exton, PA 19341

Ref. No.: 09-0085

Dear Mr. Fricker:

This is in response to your April 3, 2009 letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you request a letter confirming your conclusion that effective October 1, 2009 all "small" lithium ion batteries must pass the tests outlined in Section 38.3 of the UN Manual of Tests and Criteria.

Your understanding is correct. On August 9, 2007, the Pipeline and Hazardous Materials Safety Administration amended the HMR to enhance the safe transportation of lithium batteries (HM-224C & HM-224E; 72 FR 44929). As described in § 172.102, Special Provision 188 applicable to small lithium cells and batteries, effective October 1, 2009, each cell or battery must be of a type proven to meet the requirements of each test in the UN Manual of Tests and Criteria.

I trust this satisfies your inquiry. If we can be of further assistance, please contact us.


Charles E. Betts
Chief, Standards Development
Office of Hazardous Materials Standards

172.102 SP 188, 173.185

Regulation Sections

Section Subject
173.185 Lithium cells and batteries