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Interpretation Response #14-0218 ([Maxxsonics] [Mr. Ken Eldridge])

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

Interpretation Response Details

Response Publish Date:

Company Name: Maxxsonics

Individual Name: Mr. Ken Eldridge

Location State: IL Country: US

View the Interpretation Document

Response text:

March 11, 2015

Mr. Ken Eldridge
Warehouse Manager
1290 Ensell Road
Lake Zurich, IL 60047

Reference No. 14-0218

Dear Mr. Eldridge:

This is in response to your November 12, 2014 e-mail requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the shipment of small lithium ion batteries contained in equipment, UN 3481. You present that you will be shipping a new product containing a 2 cell, 7.4 volt lithium ion battery with a 1,100 mAh rating. You note that batteries meet the criteria in Part III, sub-section 38.3 of the UN Manual of Tests and Criteria. Finally, you indicate that each piece of equipment containing the battery is individually packaged in a blister pack with a rigid outer fiberboard packaging. You ask for confirmation of what specific HMR provisions are waived for these lithium ion batteries as packaged.

In a final rule published on August 6, 2014 (79 FR 46011; HM-224F), § 173.185 relating to lithium cells and batteries was revised. In the final rule special provision 188 was eliminated and incorporated into § 173.185. In addition, the term Watt-hour (Wh) was adopted in place of "equivalent lithium content" for lithium ion batteries. As described, the lithium ion battery contained in the equipment equates to 8.14 Wh for the battery and 4.07 Wh for each cell.

Based on the information you have provided, the lithium ion cells and battery meets the size limitation (less than 20 Wh for a cell and less than 100 Wh for a battery) to be eligible for the exceptions for smaller cells and batteries provided by § 173.185(c), therefore, provided the battery, equipment, and package meets all other applicable requirements of § 173.185 the batteries as packaged are not subject to the following provisions of the HMR:

Subpart C of Part 172, Shipping Papers;
Subpart D of Part 172, Marking;
Subpart E of Part 172, Labeling;
Subpart F of part 172, Placarding;
Subpart G of part 172, Emergency Response Information;
Subpart H of part 172, Training; and
The UN performance packaging requirements of §§ 173.185(b)(3)(ii) and 173.185(b)(4).

The provisions of subpart I of part 172, Safety and Security Plans, do not apply to lithium batteries.

In addition, since each package contains less than four lithium cells and two lithium batteries installed in equipment the requirements for additional hazard communication (§ 173.185(c)(3)) and the lithium battery handling mark (§ 173.185(c)(4)(i)) also do not apply.

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



Shane C. Kelley
Acting International Standards Coordinator
Standards and Rulemaking Division

173.185, 173.185(c), 173.185(b)(3)(ii), 173.185(b)(4), 173.185(c)(3), 173.185(c)(4)(i)

Regulation Sections

Section Subject
173.185 Lithium cells and batteries