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Interpretation Response #24-0019

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

Interpretation Response Details

Response Publish Date:

Company Name: ProteQ

Individual Name: Mr. Marc Gordnier

Location State: VA Country: US

View the Interpretation Document

Response text:

May 29, 2024

Mr. Marc Gordnier
Director, Maritime Operations & Logistics
ProteQ
2325 Dulles Corner Blvd, Suite 725
Herndon, VA  20171

Reference No. 24-0019

Dear Mr. Gordnier:

This letter is in response to your March 19, 2024, letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to lithium battery testing requirements. You seek clarification on the requirements in § 173.185 for lithium batteries to be of a type proven to meet the criteria in Part III, subsection 38.3 of the United Nations (UN) Manual of Tests and Criteria. You state that your company offers battery assemblies for transportation: 1) with a watt-hour (Wh) rating of less than 6,200 Wh; 2) that are assembled from individual lithium ion batteries that are electrically connected in-series; and 3) have individually passed the tests required in Part III, subsection 38.3 of the UN Manual of Test and Criteria. Specifically, you ask whether the lithium ion battery assemblies described in your letter require additional testing in accordance with subsection 38.3.3.1(f) of the UN Manual of Test and Criteria.

The answer is yes. Subsection 38.3.3.1(f) of the UN Manual of Test and Criteria requires lithium ion battery assemblies with a Wh rating of not more than 6,200 Wh to be assembled from individual batteries that have passed all applicable tests and to be subjected to additional testing (i.e., T.3, T.4, and T.5, and—in addition—T.7 in the case of a rechargeable battery). Therefore, although the individual lithium ion batteries described in your letter have passed all the applicable tests in section 38.3 of the UN Manual of Test and Criteria, subsection 38.3.3.1(f) requires one battery assembly (in a fully charged state) with a Wh rating of less than 6,200 Wh to pass additional testing (i.e., T.3, T.4, and T.5, and—in addition—T.7 in the case of a rechargeable battery).

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

Sincerely,

Steven Andrews
Acting Chief, Regulatory Review and Reinvention Branch
Standards and Rulemaking Division

173.185

Regulation Sections

Section Subject
173.185 Lithium cells and batteries