Interpretation Response #24-0070

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

Interpretation Response Details

Response Publish Date: 10/02/2024

Company Name: ProteQ

Individual Name: Ben Smith

Location State: VA Country: US

View the Interpretation Document

Response text:

October 2, 2024

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

Reference No. 24-0070

Dear Mr. Smith:

This letter is in response to your July 24, 2024, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the requirements for prototype lithium cells or batteries found in 49 CFR 173.185(e).

We have paraphrased and answered your questions as follows:

Q1. You ask whether the meaning for "low production" and "prototype" lithium cells or batteries in § 173.185(e) are intended to be the same.

A1. The answer is no. While the exceptions in § 173.185(e) can apply to both low production runs of lithium cells or batteries and to prototype lithium cells or batteries transported for purposes of testing, these two terms are separate.

Q2. You ask whether there is a maximum quantity of prototype lithium cells or batteries transported for purposes of testing that are permitted to be offered by air annually.

A2. The answer is no. However, to qualify for the exceptions in § 173.185(e) the prototype lithium cells or batteries must be transported for purposes of testing.

Q3. You ask whether § 173.185(e) limits low production lithium cells or batteries to 100 (or less) offered in commerce for air transportation per year.

A3. Section 173.185(e) defines a low production run of batteries as "annual production runs consisting of not more than 100 lithium cells or batteries." This is a production limit, not a limit on annual shipments by air or other mode. If more than 100 of a lithium cell or battery type are produced in an annual production run, those lithium cells or batteries are not considered a low production run.

Q4. You ask whether there is a limit on the number of prototype lithium cells or batteries transported for purposes of testing that a shipper can offer into commerce annually.

A4. The answer is no. If the prototype lithium cells or batteries are being transported for purposes of testing, there is no annual limit on the number of prototype lithium cells or batteries a shipper can offer into commerce annually. However, any prototype lithium cells or batteries being transported for purposes other than testing would not qualify for the exceptions in § 173.185(e). Please note that PHMSA cannot determine whether the lithium cells or batteries in your specific scenarios are prototypes being transported for purposes of testing based on the information provided.

Q5. If the answer to question Q4 is yes, you ask whether a manufacturer is limited by each design type they produce or by all UN 38.3 untested prototypes lithium cells or batteries across all design types they produce.

A5. See answer A4. There is no annual shipment limit for prototype lithium cells or batteries as long as they are being transported for the purposes of testing. Please note that PHMSA cannot determine whether the lithium cells or batteries in your specific scenarios are prototypes being transported for purposes of testing based on the information provided.

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

Sincerely,

Alexander Wolcott
Acting Chief, Regulatory Review and Reinvention Branch
Standards and Rulemaking Division

173.185(e)

Regulation Sections