Interpretation Response #22-0113
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Totex Manufacturing, Inc.
Individual Name: Jim Sides
Location State: CA Country: US
View the Interpretation Document
Response text:
January 19, 2023
Jim Sides
Director, Product Development
Totex Manufacturing, Inc.
3050 Lomita Boulevard
Torrance, CA 90505
Reference No. 22-0113
Dear Mr. Sides:
This letter is in response to your October 26, 2022, letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to packaging exceptions based on lithium ion battery size. In your letter, you describe a scenario where a company manufactures a lithium ion battery that is physically capable of a Watt-hour (Wh) rating of more than 100 Wh. You further state that the lithium ion battery is designed and programmed with firmware (i.e., software for device hardware) that prevents the user from charging the lithium ion battery to an energy level that exceeds 100 Wh. You ask whether the lithium ion battery can be considered less than 100 Wh for the purposes of transportation (i.e., shipping).
The answer is yes. The United Nations Manual of Tests and Criteria, subsection 38.3.2.3, defines Wh rating or nominal energy as "the energy value of a cell or battery determined under specified conditions and declared by the manufacturer...." Firmware that controls the voltage and ultimately the nominal energy is within the design and specified conditions of the lithium ion battery manufacturer. Therefore, the lithium ion battery—as described in your scenario—can be considered 100 Wh or less for shipping purposes.
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