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Interpretation Response #12-0251 ([Resistacap Energy Products] [Mr. Davy Hicks])

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

Interpretation Response Details

Response Publish Date:

Company Name: Resistacap Energy Products

Individual Name: Mr. Davy Hicks

Location State: AL Country: US

View the Interpretation Document

Response text:

January 22, 2013

Mr. Davy Hicks
Resistacap Energy Products
11547 South Memorial Parkway
P.O. Box 14069
Huntsville, AL 35815

Ref. No.: 12-0251

Dear Mr. Hicks:

This is in response to your November 5, 2012 email concerning requirements under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) for design-type testing of lithium-ion batteries.  The specific requirements you address are contained in Section of the United Nations (UN) Manual of Tests and Criteria and are implemented through the provisions of 49 CFR 173.185.  Specifically you ask if the attachment of a tab to a lithium ion battery would require the battery design to be retested in accordance with the UN Manual of Tests and Criteria. 

The criteria by which a lithium battery design is considered to be a new type of battery and require retesting are found in § of the UN Manual of Tests and Criteria.  One of the criteria that requires testing is when a cell or battery differs from the type tested by "a change that would lead to a failure of any of the tests."  The type of change that might be considered to differ from a tested type, such that it might lead to failure of any of the test results, may include, but is not limited to: 1) a change in the material of the anode, cathode, the separator or electrolyte; 2) a change of protective devices, including hardware and software; 3) a change of safety design in cells or batteries, such as a venting valve; 4) a change in the number of component cells; or 5) a change in connecting mode of component cells.  A manufacturer of lithium batteries should take these types of changes into account when determining whether or not a cell or battery is a new type and requires retesting.

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


Delmer Billings
Senior Regulatory Advisor
Standards and Rulemaking Division


Regulation Sections

Section Subject
173.185 Lithium cells and batteries