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Interpretation Response #15-0210 ([E.V. Logistics Coordinator] [Mr. Mike Casas])

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

Interpretation Response Details

Response Publish Date:

Company Name: E.V. Logistics Coordinator

Individual Name: Mr. Mike Casas

Location State: CA Country: US

View the Interpretation Document

Response text:

June 16,  2016

Mr. Mike Casas
E.V. Logistics Coordinator
Kinsbursky Brothers, Inc.
125 East Commercial Street, Suite A
Anaheim, CA  92801

Reference No. 15-0210

Dear Mr. Casas:

This letter is in response to your October 21, 2015, letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to lithium batteries.  Specifically, you ask if a lithium battery or cell that has been damaged (e.g. burned, crushed, cut, etc.) to a degree that it no longer meets the definition of a battery or cell, as set forth in the United Nations (UN) Manual of Tests and Criteria Sub-section 38.3, is still considered a lithium battery to be shipped under the requirements in § 173.185?

In order for a lithium battery or cell to no longer be subject to § 173.185 of the HMR, it (1) can no longer meet the definition of a battery or cell in Section of the UN Manual of Test and Criteria, or (2) can no longer be identified as being damaged or defective such that it does not conform to the type tested in accordance to the applicable provisions of the UN Manual of Test and Criteria.  In addition, a cell or battery would no longer be subject to
§ 173.185 of the HMR if:

• The battery is cut into separate pieces, which no longer meet the definition of any hazard class including hazardous materials or hazardous waste; or
• The battery does not meet the definition of being damaged or defective (regardless of the voltage across the terminals).

However, it is still the shipper’s responsibility to properly class and describe the hazardous material in accordance with § 173.22 and to meet the applicable requirements in the HMR.

I hope this information is helpful.  Please contact us if we can be of further assistance.


T. Glenn Foster
Chief, Regulatory Review and Reinvention
Standards and Rulemaking Division
173.185, 173.22

Regulation Sections

Section Subject
173.185 Lithium cells and batteries
173.22 Shipper's responsibility