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

Interpretation Response #14-0158 ([Mr. Richard J. Lloyd])

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

Interpretation Response Details

Response Publish Date:

Company Name:

Individual Name: Mr. Richard J. Lloyd

Location State: PA Country: US

View the Interpretation Document

Response text:

January 29, 2015

Mr. Richard J. Lloyd
31 Bastian Lane
Allentown, PA 18104

Reference No. 14-0158

Dear Mr. Lloyd:

This is in response to your recent e-mail requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the requirements for packaging "UN 3091 Lithium metal batteries contained in equipment or Lithium metal batteries packed with equipment (including lithium alloy batteries), 9 (miscellaneous), Packing Group (PG) II." Specifically, you ask if smaller lithium cells and batteries packed with or contained in equipment are placed in packagings that conform with the exceptions prescribed in § 173.185(c) must these packagings be United Nations (UN) performance packagings that meet the PG II performance level.

Further, you note that requirements in § 173.185(c) for lithium batteries amended in the Docket No. PHMSA-2009-0095 (HM-224F; 79 FR 46012) final rule are not completely harmonious with those prescribed for UN 3091 lithium batteries in the UN Recommendations for the Transport of Dangerous Goods (Recommendations) in that they do not expressly except these batteries from the performance packaging requirements that apply to lithium cells and batteries packed with equipment prescribed in § 173.185(b)(3)(iii).

The answer is no. Provided the completed package of lithium cells and batteries, or lithium cells or batteries packed with or contained in equipment, meets the conditions prescribed in § 173.185(c), it is not subject to the PG II, UN performance packaging requirements specified in § 173.185(b)(3)(iii). However, inner packagings that contain lithium cells and batteries packed with equipment in conformance with § 173.185(c) must comply with the inner packaging requirements prescribed in § 173.185(b)(3)(iii)(A) or (b)(3)(iii)(B). The Pipeline and Hazardous Materials Safety Administration will clarify this requirement in a future rulemaking.

I hope this satisfies your request.



T. Glenn Foster
Chief, Regulatory Review and Reinvention Branch
Standards and Rulemaking Division

173.185(c), 173.185(b)(3)(iii), 173.185(b)(3)(iii)(A)

Regulation Sections

Section Subject
173.185 Lithium cells and batteries