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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 #21-0099

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

Interpretation Response Details

Response Publish Date:

Company Name: Lithium Battery Service GbR

Individual Name: Eva Glimsche

Location City: Munich Country: DE

View the Interpretation Document

Response text:

December 8, 2021

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

Reference No. 21-0099

Dear Ms. Glimsche:

This letter is in response to your October 29, 2021, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to transportation of lithium batteries. We have paraphrased and answered your questions as follows:

Q1: You ask whether placards are required when shipping an energy storage system classified as "UN3536, Lithium batteries installed in cargo transport unit, 9."

A1: The answer is yes. Special provision 389 is assigned to that proper shipping name and states that "the cargo transport unit shall display the UN number in a manner in accordance with § 172.332 of this subchapter and be placarded on two opposing sides."

Q2: You ask whether the driver of a motor vehicle transporting an energy storage system classified as "UN3536, Lithium batteries installed in cargo transport unit, 9" is required to have a hazmat endorsement on his or her Commercial Driver's License (CDL).

A2: The answer is no. For purposes of 49 CFR Part 383 and the applicability of the CDL hazmat endorsement, a "hazardous material" is defined in 49 CFR 383.5 as a material that has been designated as hazardous under 49 U.S.C. 5103 and is required to be placarded under Subpart F of 49 CFR Part 172; or any quantity of a material listed as a select agent or toxin in 42 CFR Part 73. In your scenario, the cargo transport unit does not require placards under Subpart F of 49 CFR Part 172 (see § 172.504(f)(9)).

Q3: You ask whether the Pipeline and Hazardous Materials Administration (PHMSA) has any current proposals to require the placarding of an energy storage system classified as "UN3536, Lithium batteries installed in cargo transport unit, 9" under Subpart F of 49 CFR Part 172.

A3: The answer is no, PHMSA has no such proposals under consideration at this time. If you believe a rulemaking change is warranted, we invite you to file a petition for rulemaking in accordance with 49 CFR 106.95, 106.100, and 106.105, including all information needed to support your petition. Your request will be evaluated for consideration in a future upcoming rulemaking. For regulations in 49 CFR Parts 171 through 180, please submit the petition to: Standards and Rulemaking Division, Pipeline and Hazardous Materials Safety Administration, PHH-10, U.S. Department of Transportation, East Building, 1200 New Jersey Avenue, SE, Washington, DC 20590-0001. Please contact Mr. Steven Andrews in the Regulatory Review and Reinvention Branch of the Standards and Rulemaking Division at 202-366-8553 for more information.

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

106.95, 106.100, 106.105, 172.332, 172.504(f)(9)

Regulation Sections

Section Subject
106.95 Requesting a change to the regulations
172.332 Identification number markings
172.504 General placarding requirements