Interpretation Response #25-0012
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: TTI Power Equipment, Inc.
Individual Name: Alyssa Forkin
Location State: SC Country: US
View the Interpretation Document
Response text:
Alyssa Forkin
Transportation Analyst
TTI Power Equipment, Inc.
100 Innovation Way
Anderson, SC 29621
Reference No. 25-0012
Dear Ms. Forkin:
This letter is in response to your February 4, 2025 email and subsequent email conversation requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to placarding requirements for Class 9 hazardous materials transported by highway and rail domestically. You state that your company imports lithium ion battery-powered devices described as "UN3481, Lithium ion batteries packed with equipment, 9" in accordance with the International Maritime Dangerous Goods (IMDG) Code.
We have paraphrased and answered your questions as follows:
Q1. Is a freight container loaded with packages of “UN3481, Lithium ion batteries packed with equipment, 9” required to display Class 9 placards for transportation within the United States even though the container is placarded to satisfy the IMDG Code requirements for vessel transportation?
A1. No. In accordance with § 172.504(f)(9), Class 9 placards are not required for domestic transportation, including that portion of international transportation which occurs within the United States.
Q2. Is a shipment of "UN3481, Lithium ion batteries packed with equipment, 9" that is prepared in accordance with § 173.185(c) not considered hazardous material for transportation via ground within the United States?
A2. No. For ground transportation, lithium batteries that comply with the requirements of § 173.185(c) are not subject to certain hazard communication nor training requirements of Subparts C through H of Part 172 of the HMR, or UN performance packaging requirements. However, they are still a hazardous material and subject to other requirements in the HMR including incident reporting (see §§ 171.15-171.16) and safe stowage in a motor vehicle (see § 177.834). For your reference, I have enclosed Letter of Interpretation Reference No. 22-0017, which discusses the applicability of other relevant Department of Transportation requirements to Class 9 hazardous materials, including the hazardous materials endorsement on a Commercial Driver's License.
Additionally, please note that the Packing Group designation was removed from lithium battery entries in the § 172.101 Hazardous Materials Table in 2015 in final rule HM-215M. Updating your shipping documentation may help avoid confusion and frustration of your shipments.
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
§ 171.15, § 171.16, § 172.101 , § 172.504(f)(9), § 173.185(c), § 177.834