Interpretation Response #24-0115
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: AJ Networks
Individual Name: Austin Yang
View the Interpretation Document
Response text:
April 2, 2025
Austin Yang
Manager
AJ Networks
14F, AJ Bldg, 8-9, Jeongui-ro, Songpa-gu
Seoul, Korea 05836
Reference No. 24-0115
Dear Mr. Yang:
This letter is in response to your October 14, 2024, email and subsequent email conversation requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to prototype and low-production run lithium battery packaging requirements in § 173.185(e). Specifically, in your email, you describe a packaging arrangement in which a battery is placed inside of a fiberboard box with polyethylene foam blocks to secure the battery against shifting. The fiberboard box is subsequently surrounded by non-combustible, electrically non-conductive material and placed into an outer packaging.
We have paraphrased and answered your questions as follows:
Q1. You ask whether the packaging requirements in § 173.185(e)(1) for a prototype or low-production run lithium battery may be met in the manner described in your letter, that is by surrounding an inner packaging with non-combustible, electrically non-conductive cushioning material.
A1. The answer is yes. In accordance with § 173.185(e)(1), each prototype or low-production run cell or battery must be individually packed in a non-metallic inner packaging, inside an outer packaging, and must be surrounded by cushioning material that is non-combustible and electrically non-conductive, or contained in equipment. The packaging arrangement described in your letter appears to meet the requirements of § 173.185(e), provided the cushioning material prevents shifting of the batteries within the package that may lead to damage and a dangerous condition.
Q2. You ask whether there is a registration requirement or authorization process to use performance-oriented packaging (e.g., a 4G fiberboard box) following successful completion of the required tests in Part 178, Subpart M.
A2. The answer is no. There is no requirement to register, obtain prior approval from PHMSA, or submit records of successful tests to the Department of Transportation to use a non-bulk performance-oriented packaging. Test records must be retained and provided to a representative of the Department of Transportation upon request—see § 178.601(l).
Q3. You ask for confirmation that a non-bulk performance-oriented packaging that has passed the design tests required in Part 178, Subpart M and has been marked in accordance § 178.503 may be used to transport hazardous materials.
A3. The answer is yes. Each performance-oriented packaging must be marked with the name and address or symbol of the manufacturer or the approval agency certifying compliance with Subpart L and Subpart M of Part 178. Symbols, if used, must be registered with the Associate Administrator. This marking certifies that the packaging design complies with the applicable requirements of the HMR.
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
178, 173.185(e), 173.185(e)(1), 178.503, 178.601(l).