USA Banner

Official US Government Icon

Official websites use .gov
A .gov website belongs to an official government organization in the United States.

Secure Site Icon

Secure .gov websites use HTTPS
A lock ( ) or https:// means you’ve safely connected to the .gov website. Share sensitive information only on official, secure websites.

U.S. Department of Transportation U.S. Department of Transportation Icon United States Department of Transportation United States Department of Transportation

Interpretation Response #11-0143 ([ICC Nexergy] [Mr. David Brongiel])

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

Interpretation Response Details

Response Publish Date:

Company Name: ICC Nexergy

Individual Name: Mr. David Brongiel

Location State: IL Country: US

View the Interpretation Document

Response text:

August 29, 2011

Mr. David Brongiel
Applications Engineering Manager
ICC Nexergy
4 Westbrook Corporate Center, Suite 900
Westchester, IL 60154

Ref. No.: 11-0143

Dear Mr. Brongiel:

This responds to your June 9, 2011 letter and subsequent telephone conversation with a member of my staff regarding the requirements in the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to a lithium battery pack. In your letter you describe a device that uses three 95 Watt-hour lithium ion battery packs, each of which consists of 24, 1.1 Ah cells in a 4S6P configuration. The three lithium ion batteries described in your letter are electrically connected within the device but utilize a microcontroller to ensure that the battery pack will not activate during transportation. Specifically, you ask if the configuration described in your letter may be considered separate lithium ion batteries under the HMR.

No. Since the three battery packs are electrically connected, the configuration described in your letter meets the definition of a battery as defined in section 38.3 of the United Nations Manual of Tests and Criteria. The definition states that a battery means one or more cells which are electrically connected together by a permanent means, including case, terminals and markings.

The lithium battery described in your letter exceeds the size requirements outlined in § 172.102, Special Provision 188. This battery pack may be transported in conformance with requirements in §172.102, Special Provision 189 by highway or rail only and § 173.185 as Class 9 by highway, rail, vessel and aircraft.

I hope this answers your inquiry. If you need additional assistance, please contact the Standards and Rulemaking Division at (202) 366-8553.


Ben Supko
Acting Chief, Standards Development
Standards and Rulemaking Division

172.102 173.185

Regulation Sections

Section Subject
173.185 Lithium cells and batteries