Interpretation Response #24-0034

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

Interpretation Response Details

Response Publish Date: 10/16/2024

Company Name: ProteQ

Individual Name: Ben Smith

Location State: VA Country: US

View the Interpretation Document

Response text:

October 16, 2024

Ben Smith
Sr. Multimodal DG Specialist
ProteQ
2325 Dulles Corner Blvd, Ste 725
Herndon, VA  20171

Reference No. 24-0034

Dear Mr. Smith:

This letter is in response to your May 17, 2024, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to lithium batteries, particularly those shipped as damaged, defective, and recalled (DDR) cells or batteries as prescribed in § 173.185(f). You ask whether lithium batteries treated as described in the scenario below would still be considered DDR lithium batteries. Specifically, you describe a lithium battery that has been processed—prior to transportation-to no longer have the potential to:

• Be electrically charged.
   
• Hold any electrical charge or be capable of being charged.
   
• Be electrically connected to equipment (e.g., electrical plugs have been destroyed).
   
• Hold electrolyte, flammable, or explosive liquids, or gases.
   
• Have the operational ability to provide power to equipment.
   
• Present a dangerous evolution of heat, fire, or be short circuited.

You further add that the batteries have been tested in accordance with Resource Conservation and Recovery Act (RCRA) testing (Toxicity Characteristic Leaching Procedure (TCLP), and ignitability) with results showing no flash point below 140 degrees F, and no TCLP metals detected.

As specified in § 173.22 of the HMR, it is the shipper's responsibility to properly class and describe a hazardous material in accordance with Parts 172 and 173 of the HMR. This Office generally does not perform that function. However, it is the opinion of this Office that the lithium batteries processed in the manner you describe would not be considered a battery nor a DDR battery. A lithium battery or cell is not subject to the HMR, if it does not meet the definition of a battery or cell in Section 38.3.2.2 of the UN Manual of Tests and Criteria. Furthermore, it is the responsibility of the shipper to determine whether any materials or contents that remain meet any HMR criteria for hazardous materials.

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

173.22, 173.185(f)

Regulation Sections