Scopelitis, Garvin, Light, Hanson & Feary — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue, SE Washington, DC 20590 July 2, 2024 Timothy W. Wiseman Scopelitis, Garvin, Light, Hanson & Feary 10 West Market St Suite 1400 Indianapolis, IN 46204 Reference No. 24-0050 Dear Mr. Wiseman: This letter is in response to your May 31, 2024, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the transportation of damaged and defective lithium batteries. We have paraphrased and answered your questions as follows: Q1. You ask whether all damaged or defective lithium batteries must be transported in accordance with the requirements of § 173.185(f). A1. The answer is yes. All damaged or defective lithium batteries that have the potential of producing a dangerous evolution of heat, fire, or short circuit must be transported in accordance with the requirements of § 173.185(f). Q2. You ask whether damaged or defective lithium batteries transported for disposal, recycling, or permanent storage may be packaged in accordance with the limited exceptions offered in § 173.185(d)—i.e., without UN performance packaging. A2. The answer is no. See answer A1. Q3. You ask whether low production run and prototype lithium batteries that have been identified as damaged or defective may be transported in accordance with the packaging requirements in § 173.185(e).#

Page 2A3. The answer is no. See answer A1. I hope this information is helpful. Please contact us if we can be of further assistance. Sincerely, Eamonn Patrick Acting Chief, Regulatory Review and Reinvention Branch Standards and Rulemaking Division#