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Interpretation Response #11-0268 ([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:

December 14, 2011



Mr. George Kerchner

Wiley Rein LLP

1776 K Street, NW

Washington, DC 20006

Ref. No. 11-0268

Dear Mr. Kerchner:

This responds to your October 26, 2011 letter regarding the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to design type testing of lithium batteries. The requirements you address are contained in Section 38.3 of the 5th Revised Edition of the United Nations (UN) Manual of Test and Criteria and are implemented through the provisions of § 173.185 of the HMR. Specifically, you request confirmation that paragraph (f) in Section 38.3.3 applies only to the testing of a battery assembly consisting of lithium batteries that have met the applicable tests in the UN Manual of Tests and Criteria and not to batteries which must be tested in accordance with paragraphs (a), (b) and (d) of Section 38.3.3.

Your understanding is correct. Paragraph (f) in 38.3.3 provides limited relief from the UN design type testing requirements for a battery assembly in which the lithium content of all anodes, when fully charged, is not more than 500 g, or in the case of a lithium ion battery assembly, a watt-hour rating of not more than 6200 Watt-hours, that is assembled from batteries that have passed all applicable design type tests.

I hope this information is helpful. If you have further questions, please contact this office.


Ben Supko

Acting Chief, Standards Development

Office of Hazardous Materials Standards


Regulation Sections

Section Subject
173.185 Lithium cells and batteries