Interpretation Response #24-0050

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

Interpretation Response Details

Response Publish Date: 07/02/2024

Company Name: Scopelitis, Garvin, Light, Hanson & Feary

Individual Name: Timothy W. Wiseman

Location State: IN Country: US

View the Interpretation Document

Response text:

July 2, 2024

Timothy W. Wiseman
Scopelitis, Garvin, Light, Hanson & Feary
10 West Market St
Suite 1400
Indianapolis, IN  46204

Reference No. 24-0050

Dear Mr. Wiseman:

This letter is in response to your May 31, 2024, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the transportation of damaged and defective lithium batteries.

We have paraphrased and answered your questions as follows:

Q1. You ask whether all damaged or defective lithium batteries must be transported in accordance with the requirements of § 173.185(f).

A1. The answer is yes. All damaged or defective lithium batteries that have the potential of producing a dangerous evolution of heat, fire, or short circuit must be transported in accordance with the requirements of § 173.185(f).

Q2. You ask whether damaged or defective lithium batteries transported for disposal, recycling, or permanent storage may be packaged in accordance with the limited exceptions offered in § 173.185(d)—i.e., without UN performance packaging.

A2. The answer is no. See answer A1.

Q3. You ask whether low production run and prototype lithium batteries that have been identified as damaged or defective may be transported in accordance with the packaging requirements in § 173.185(e).

A3. The answer is no. See answer A1.

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

Sincerely,

Eamonn Patrick
Acting Chief, Regulatory Review and Reinvention Branch
Standards and Rulemaking Division

173.185(d), 173.185(e), 173.185(f)

Regulation Sections