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Interpretation Response #09-0188 ([Wiley Rein LLP] [Mr. George Kerchner])

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

Interpretation Response Details

Response Publish Date:

Company Name: Wiley Rein LLP

Individual Name: Mr. George Kerchner

Location State: DC Country: US

View the Interpretation Document

Response text:

November 6, 2009

 

 

 

Mr. George Kerchner

Wiley Rein LLP

1776 K Street NW

Washington, DC 20006

Ref. No.: 09-0188

Dear Mr. Kerchner:

This responds to your August 18, 2009 email requesting clarification of our

August 7, 2009 letter (Ref. No. 09-0143) in which we discussed the applicability of the Hazardous Materials Regulations (HMR; 49 CFR parts 171-180) to lithium batteries. Specifically, you ask for a clarification of our response concerning the applicability of the United Nations design type testing requirements to lithium batteries transported under the materials of trade exception.

You reference a letter written to Ms. Erica Jenkins, Aero Vironment, Inc. (Reference No. 02-0314; June 20, 2003) that stated lithium batteries qualify for the materials of trade exception. That is correct. However, as we stated in our August 18, 2009 letter, in order to meet the provisions of the materials of trade exception, lithium batteries must be of a type proven to meet the criteria of Class 9 by testing in accordance with the UN Manual of Tests and Criteria. The June 2003 letter does not mention the size of the batteries transported, nor does it mention UN design type testing. The letter merely confirms the applicability of the materials of trade exception to the transport of lithium batteries. At that time, depending on the size of the cell or battery the HMR waived many requirements including UN design type testing. Effective October 1, 2009, all lithium batteries must be of a type proven to meet the criteria of Class 9 by testing in accordance with the UN Manual of Tests and Criteria.

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

Sincerely,

Charles E. Betts

Chief, Standards Development

Office of Hazardous Materials Standards

173.6, 173.185

Regulation Sections

Section Subject
173.185 Lithium cells and batteries