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Interpretation Response #98-0540 ([HMT Associates, L.L.C] [Mr. E.A. Altemos])

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

Interpretation Response Details

Response Publish Date:

Company Name: HMT Associates, L.L.C

Individual Name: Mr. E.A. Altemos

Location State: DC Country: US

View the Interpretation Document

Response text:

FEB 5, 1998


Mr. E.A. Altemos
HMT Associates, L.L.C.
1850 K Street, NW, Suite 200
Washington, DC 20005

Dear Mr. Altemos:

This is in response to your letter of December 5, 1997, regarding highway shipment of lithium cells and batteries for testing purposes under the Hazardous Materials Regulations (HMR; 49 CFR parts 171-180). Your questions are paraphrased and answered as follows:

Q. Under § 173.1850), is transportation of lithium batteries "for testing purposes" limited to transport for purposes of performing lithium battery classification or may prototype lithium cells and batteries be transported for performance testing in connection with cell and battery development programs?

A. Prototype lithium cells and batteries may be transported for performance testing (i.e., product evaluation) in connection with development programs when transported in conformance with § 173.1850).

Q. In the case of lithium ion cells and batteries, do the 12g and 500g limitations on the lithium or lithium alloy content in any cell or battery, respectively, apply to the quantity of ionized lithium in the anode?

A. Yes, the quantity limitation for lithium or lithium alloy content in any cell or battery applies to the quantity of lithium (ionic or metallic) in the anode of a fully charged battery.

Q. May cells and batteries transported in accordance with § 173.1850) be classed as Class 9 without performing the classfication test otherwise required in accordance with § 173.l85(e)(9)?

A. The answer is yes. Provided the cells or batteries are not contained in equipment, the quantity limitations for lithium or lithium alloy in each cell or battery are not exceeded, and the transportation is by highway only, they may be classed as Class 9.

I hope this information is helpful.



Edward T. Mazzullo
Director, Office of Hazardous
Materials Standards

Regulation Sections

Section Subject
173.185 Lithium cells and batteries