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Interpretation Response #16-0206 ([Vergio] [Mr. Justin Zhou])

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

Interpretation Response Details

Response Publish Date:

Company Name: Vergio

Individual Name: Mr. Justin Zhou

Location State: FL Country: US

View the Interpretation Document

Response text:

July 3, 2017

Mr. Justin Zhou
747 SW 2nd Avenue
IMB#28, Suite 227
Gainesville, FL 32601

Reference No. 16-0206

Dear Mr. Zhou:

This letter is in response to your December 22, 2016, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to a small lithium metal battery contained in equipment. In your email, you describe a temperature monitoring device that incorporates a single lithium metal battery that contains 0.155 grams of lithium metal. You provide information indicating that the battery meets the requirements of the United Nations (UN) Manual of Tests and Criteria and the equipment is incapable of generating sparks or a dangerous quantity of heat. Specifically, you ask if the device meets the requirements of § 173.185(c).

Under § 173.22 of the HMR, it is the shipper's responsibility to properly class a hazardous material. Such determinations are not required to be verified by this Office. However, based on the information included in your email, it is the opinion of this Office that: (1) the lithium metal cell contained in the temperature monitoring device is of the type proven to meet the criteria in part III, sub-section 38.3 of the UN Manual of Tests and Criteria as required by § 173.185(a)(1); and (2) the lithium content is less than the 1 gram per cell limit described in § 173.185(c)(1). The shipper must ensure that the battery and the device as presented for transport are adequately protected from damage, will not generate a dangerous quantity of heat or sparks and otherwise complies with all applicable requirements of the HMR.

In addition to the HMR requirements, you also must ensure compliance with all applicable FAA requirements, including those in 14 CFR § 91.21 that address operation of portable electronic devices aboard aircraft. Information and guidance to assist with compliance of this requirement can be found in Advisory Circular (AC) 91.21-1C, titled "Use of Portable Electronic Devices Aboard Aircraft." For additional information regarding the FAA requirements including any interpretation on whether your particular device meets electronic transmission requirements contained in 14 CFR § 91.21, you may contact the FAA at the following address:

Federal Aviation Administration
Office of the Chief Counsel
Regulations Division
800 Independence Avenue SW
Washington, DC 20591

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



Duane A. Pfund
International Standards Coordinator
Standards and Rulemaking Division

Regulation Sections

Section Subject
173.185 Lithium cells and batteries