PHMSA letter of interpretation

Lithium battery size determination

Pipeline and Hazardous Materials Safety Administration · Jul 2, 2008 · Reference No. 08-0147

PHMSA says to use caution with this letter. On August 6th, 2014, PHMSA published Final Rule, HM-224F, which amends the regulations for lithium batteries. The rule harmonizes the HMR with many of the provisions in the UN Model Regulations, ICAO Technical Instructions, and IMDG Code. Additionally, the exceptions for small and medium lithium batteries formerly found in special provisions 188 and 189, have been moved to § 173.185(c). Please refer to the most recent version of § 173.185 for information on shipping lithium batteries. The most current version of the regulations can be found in the eCFR at www.ecfr.gov.

Interprets: 49 CFR § 172.102

This is in response to your May 22, 2008 letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to lithium batteries. Specifically, you ask whether a secondary lithium battery is considered "small" if its equivalent lithium content (ELC) is less than 8 grams. You ask if there are any ground restrictions for such a battery and whether it is subject to the United Nations (UN) Manual of Tests and Criteria tests T1 through T8.

On August 9, 2007, the Pipeline and Hazardous Materials Administration (PHMSA) amended the HMR to enhance the safe transportation of lithium batteries, including both primary (non-rechargeable) and secondary (rechargeable) lithium batteries (HM-224C & HM-224E; 72 FR 44929). One amendment in this rulemaking was the addition of Special Provision 188 in
§ 172.102 of the HMR for small lithium cells and batteries. That provision specifies that a "small" lithium-ion battery has an aggregate ELC of not more than 8 grams. Except for hazardous communication requirements specified under this Special Provision, there are no restrictions for the ground transportation of a secondary lithium battery. Effective October 1, 2009, the cell or battery must be of a type proven to meet the requirements of tests T1 through T8 in the UN Manual of Tests and Criteria.

A letter of interpretation applies the regulations to the facts the requester described. It isn’t a regulation and isn’t legal advice. The agency’s copy.