Interpretation Response #18-0073

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

Interpretation Response Details

Response Publish Date: 09/11/2018

Company Name: Sperberstr 50e

Individual Name: Eva Glimsche

Location City: Munich Country: DE

View the Interpretation Document

Response text:

September 11, 2018

Eva Glimsche
Lithium Batterie Service GbR
Sperberstr 50e
Munich, Germany 81827

Reference No. 18-0073

Dear Ms. Glimsche:

This letter is in response to your May 12, 2018, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to lithium cells and batteries. Specifically, you seek guidance on whether a shipper must confirm that lithium cells and batteries were manufactured under a quality management program for domestic and international transport.

We have paraphrased and answered your questions as follows:

Q1. You ask if lithium cells and batteries are forbidden for international transportation if a shipper cannot confirm that they were manufactured in accordance with the quality management program required by the United Nations (UN) Model Regulations, 2.9.4(e) and the International Civil Aviation Organization (ICAO) Technical Instructions for the Safe Transport of Dangerous Goods by Air, Part 2 2;9.3.1(e).

A1. The answer is no. For the purposes of the HMR, the shipper is not required to confirm that lithium cells and batteries were manufactured under a quality management program in accordance with the UN Model Regulations.

Q2. You ask if the HMR reference the UN Model Regulations or the ICAO Technical Instructions requirements for lithium cells and batteries to be manufactured under a quality management program.

A2. The answer is no. The HMR do not require lithium cells or batteries to be manufactured under a quality management program. As required by § 173.185(a), each lithium cell or battery must be of the type proven to meet the criteria in Part III, Sub-section 38.3 of the UN Manual of Tests and Criteria.

Q3. You ask if an email confirmation verifying compliance with the quality management program would be sufficient for a shipper, even if the person who provided the email confirmation did not include the email signature stating the person's full name and position.

A3. See A1.

Q4. You ask if confirmation that a company manufactures lithium cells and batteries in accordance with ISO 9001 would be sufficient to fulfill the quality management program requirements found in the UN Model Regulations and the ICAO Technical Instructions.

A4. As previously stated, the shipper is under no obligation to confirm that lithium cells and batteries were manufactured under a quality management program for purposes of the HMR.

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

Sincerely,

Dirk Der Kinderen
Chief, Standards Development Branch
Standards and Rulemaking Division

173.185(a)

Regulation Sections