Notification of Pilot in Command for Smaller Lithium Cells
Pipeline and Hazardous Materials Safety Administration · Jan 11, 2017 · Reference No. 16-0102
Interprets: 49 CFR § 173.185(b)(3)(ii), 49 CFR § 173.185(b)(4), 49 CFR § 173.185(c), 49 CFR § 175.33
Reggie’s quick take
A company asked whether lithium batteries that meet the smaller-cell rules in § 173.185(c) and are excepted from shipping paper requirements must also follow the pilot notification rule in § 175.33. The agency says yes, they are excepted. Batteries that meet the size, packaging, hazard communication, air transport, and marking exceptions for smaller lithium cells are excepted from 49 CFR Part 172 subparts C through H, and from certain UN packaging rules. A shipment excepted from shipping papers under subpart C is not subject to the shipping paper and pilot notification requirements of § 175.33.
Written by AI (Claude) on Oct 22, 2026. Robots make mistakes and leave things out, so the letter below is what counts. Not legal advice.
This responds to your June 10, 2016 email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR parts 171-180) applicable to the transport of lithium batteries. Specifically you ask if lithium batteries that meet the requirements of 173.185(c) and are excepted from shipping paper requirements are also excepted from the pilot notification requirements of § 175.33.
Lithium batteries that comply with the size, packaging, hazard communication, air transportation, and marking exceptions prescribed for smaller lithium cells and batteries in § 173.185(c) are excepted
from the requirements in 49 CFR Part 172, subparts C (Shipping Papers), D (Marking), E (Labeling),
F (Placarding), G (Emergency Response Information), and H (Training), and the UN performance packaging requirements prescribed in § 173.185(b)(3)(ii) and (b)(4).
A consignment of lithium batteries that is excepted from the shipping paper requirements in subpart C of part 172 is not subject to the shipping paper and pilot notification requirements prescribed in § 175.33.
I hope this satisfies your inquiry. Please feel free to contact us if we can be of further assistance.
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.