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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 #21-0050

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

Interpretation Response Details

Response Publish Date:

Company Name: Arcimoto, Inc.

Individual Name: Pete Z

Location State: OR Country: US

View the Interpretation Document

Response text:

June 10, 2021

Mr. Pete Z
Director of Global Regulatory Compliance
Arcimoto, Inc.
2034 W 2nd Ave
Eugene, OR  97402-7105

Reference No. 21-0050

Dear Mr. Z:

This is in response to your May 6, 2021, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to lithium batteries in electric vehicles. Your questions are paraphrased and answered as follows:

Q1: You ask whether a lithium ion battery contained in an electric vehicle and securely fastened to the battery holder must comply with all of the requirements in § 173.185.

A1: An electric vehicle powered by a lithium-ion battery that is transported with the battery installed should be classed as "UN3171, Battery-powered vehicle, 9" and offered for transportation and transported in accordance with § 173.220 of the HMR. A battery in an electric vehicle shipped in accordance with § 173.220 must be: (1) securely fastened in its holder/compartment; (2) protected in such a manner as to prevent damage and short circuits; and (3) of a type that successfully passed tests in the United Nations (UN) Manual of Tests and Criteria as specified in § 173.185.

Q2: You ask whether a lithium ion battery—one that is removed from an electric vehicle and packed separately from the vehicle—must comply with the requirements in § 173.185.

A2: When a lithium-ion battery is removed from an electric vehicle and packed separately, the battery must be shipped as "UN3480, Lithium ion batteries, 9" and prepared in accordance with the applicable requirements specified in § 173.185.

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


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

173.185, 173.220

Regulation Sections

Section Subject
173.185 Lithium cells and batteries
173.220 Internal combustion engines, vehicles, machinery containing internal combustion engines, battery-powered equipment or machinery, fuel cell-powered equipment or machinery