{"operation":"document","citation":"25-0096","title":"Matson Navigation Co. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2025-09-24","effective_on":null,"summary":"25-0096 response to Matson Navigation Co. concerning 173.185, 176.905.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-25-0096.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-25-0096.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-25-0096","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/2025-09/250096.pdf","body":"<<<PAGE 1>>>\n\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\nSeptember 24, 2025\nJames Owen\nManager Dangerous Goods\nMatson Navigation Co.\n3426 E Libby St.\nPhoenix AZ 85032\nReference No. 25-0096\nDear Mr. Owen:\nThis letter is in response to your July 15, 2025 email requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to lithium battery-powered\nvehicles. It is your understanding that according to PHMSA’s lithium battery guide1\n, vehicles\nshipped as “UN3171, Battery-powered vehicle or Battery-powered equipment, 9” are excepted\nfrom all HMR requirements under § 176.905 with certain conditions. Moreover, you believe that\nwhen the International Maritime Dangerous Goods (IMDG) Code introduced “UN3556, Vehicle,\nlithium ion battery powered, 9” it created a conflict with the aforementioned exception and the\nstricter requirements for shipment of lithium batteries under § 173.185(c)(1) in the HMR. These\nstricter requirements only allow shipment under exceptions for lithium ion batteries up to 100\nWatt-hours (Wh). You question how vehicles powered by large batteries, such as a particular\nvehicle with a 123,000 Wh battery, can be excepted from specific requirements while a\nstandalone battery slightly over 100 Wh cannot. Therefore, you seek clarification regarding the\ndiffering treatment of lithium ion batteries as a standalone versus vehicle-installed applications\nunder the HMR and IMDG Code regulations.\nWe have paraphrased and answered your questions as follows:\nQ1. How is it possible that a lithium ion battery with a capacity greater than 100 Wh is more\nregulated than a much larger battery, as in the example given in the letter, which is a\ncomponent part of a vehicle?\nA1. The HMR allows exceptions for certain materials, such as vehicles, based on comparative\nhazards in transportation. Motor vehicles are subject to vehicle safety standards (e.g., the\n1 Lithium Battery Guide for Shippers, Revised October 2024,\nhttps://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/2024-11/Lithium-Battery-Guide-2024.pdf\n\n<<<PAGE 2>>>\n\nNational Highway Traffic Safety Administration Federal Motor Vehicle Safety\nStandards). Additionally, the body of a vehicle itself offers protection against damage\nduring normal transportation conditions. Thus, based on certain additional conditions,\nsuch as a lithium ion battery that is a component of a motor vehicle being subject to UN\n38.3 testing, a vehicle is afforded exceptions from further regulation.\nQ2. Given the IMDG Code adoption of the “UN3556” description for a lithium ion battery-\npowered vehicle, can vehicles consigned under “UN3556” qualify for the exception\noutlined in Part 3, Chapter 3.3, Special Provision 961.5?\nA2. No. Special Provision 961.5 applies to a wet or dry electric storage battery or a sodium\nbattery. A lithium ion battery is neither a wet nor a dry electric storage battery. A lithium\nion battery has a distinct battery chemistry due to its chemical composition and\nassociated risks. However, a lithium ion battery-powered vehicle may still be excepted\nfrom further regulation in accordance with IMDG Code provision found in 961.1.\nQ3. Given that the IMDG Code Special Provision 961 and § 176.905(i) of the HMR have the\nsame language but now that there are differing hazardous material descriptions for\nlithium ion battery-powered vehicles, how is the exception applied under the HMR?\nA3. Domestically, the hazardous material identification number “UN3556” has not yet been\nformally adopted into the HMR. In general, electric vehicles (i.e., battery-powered\nvehicles) may be shipped under the existing description as “UN3171,” which covers a\nbattery-powered vehicle powered by lithium ion batteries. Furthermore, the HMR allows\nfor the use of international standards, such as the IMDG Code, for domestic\ntransportation under certain conditions outlined in 49 CFR Part 171, Subpart C, and in\ncombination with an enforcement policy notice issued by PHMSA which authorizes use\nof the current edition of the IMDG Code (Amendment 42-24) that includes the\n“UN3556” identification number.2 However, it should be noted that there is no difference\nin the application of exceptions between the use of “UN3171” and “UN3556” for electric\nvehicles powered by lithium ion batteries. The new identification number merely\nprovides a more distinct hazardous material description.\nQ4. Does PHMSA consider a lithium ion battery to be a dry electric storage battery, and if\nnot, how does a lithium ion battery meet the exception within § 176.905(i)?\n2 Notice of Enforcement Policy Regarding International Standards 2024, https://www.phmsa.dot.gov/regulatory-\ncompliance/phmsa-guidance/notice-enforcement-policy-regarding-international-standards\n\n<<<PAGE 3>>>\n\nA4. No. As stated in answer A2, a lithium ion battery is not considered a dry electric storage\nbattery for purposes of the HMR or the IMDG Code. Furthermore, a lithium ion battery-\npowered vehicle may still be eligible for exception from regulation in accordance with\nSpecial Provision 961.1 or its counterpart in § 176.905(i)(1).\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nDirk DerKinderen\nChief, Standards Development Branch\nStandards and Rulemaking Division\n\n<<<PAGE 4>>>\n\nBaker, Y.\n25-0096\nFrom: INFOCNTR (PHMSA)\nTo: Baker, Yul (PHMSA)\nCc: Hazmat Interps\nSubject: FW: Lithium Battery Interpretation Request\nDate: Tuesday, July 15, 2025 10:44:13\nAttachments: image001.png\nimage002.png\nimage003.png\nimage004.png\nimage005.png\nimage006.png\nimage007.png\nGood morning,\nMr. Owen submitted a second request for a letter of interpretation.\nPlease let me know if anything else is needed.\nBest,\nAminah\nFrom: James Owen <JOwen@matson.com>\nSent: Monday, July 14, 2025 5:06 PM\nTo: INFOCNTR (PHMSA) <INFOCNTR.INFOCNTR@dot.gov>\nSubject: Lithium Battery Interpretation Request\nCAUTION: This email originated from outside of the Department of Transportation (DOT). Do not\nclick on links or open attachments unless you recognize the sender and know the content is safe.\nTo whom it may concern,\nI am requesting an interpretation of 176.905(1)(5) in relation to lithium battery powered vehicles. The\nLithium Battery Guide published on the PHMSA website states under section 09 that vehicles\nshipping under UN3171 are exempt from all requirements of the HMR if the requirements of 176.905\nare met.\nFor lithium-ion battery powered vehicles this is in direct contrast to the exemption for lithium\nbatteries. The exemption under 173.185(c)(i) only allows for lithium-ion batteries up to 100wh’s. How\nis it possible that a lithium-ion battery at 101wh’s is not exempt but a Tesla Cybertruck which has a\nwatt hour rating of 123,000 watt hours can be exempted from all requirements?\nFurthermore, IMDG Code 42-24 created UN3556 and defined it separately from UN3171. The\nexemption noted above for vehicles does not by definition appear to include lithium batteries.\n\n<<<PAGE 5>>>\n\nIMDG Code SP 388\nIMDG Code SP 961.5\nIs it your department’s position that vehicles consigned under the new UN3556 entry would quality\nfor the exemption? Both IMDG and 49CFR have the same verbiage in the exemption but now they\nhave different definitions for a vehicle powered by a lithium-ion battery.\nDoes DOT/PHMSA classify a lithium-ion battery as a dry electric storage battery? If not, how does a\nlithium-battery meet this exemption?\nA LOI can be mailed to:\nJames Owen\nMatson Navigation Co.\n3426 E Libby St\nPhoenix AZ 85032\nNOTE: Approval of Shipping Papers is always subject to the Port/Vessel’s ability to accommodate the\ndangerous goods with other commodities, stowage restrictions and permit requirements.\nFor assistance from the DG Team after 8PM PST please call a member of the team directly.\nJames Owen| Manager Dangerous Goods | SQES l MBA\njowen@matson.com | Tel: 480-653-1114\nMatson.com\nNOTICE: This message, including any attachments, is intended for the use of the party to which it is\naddressed and may contain information that is privileged, confidential and exempt from disclosure. If you\nare not the intended recipient, any dissemination, distribution or copying of this communication is strictly\nprohibited. If you have received this communication in error, please contact the sender immediately by\nreply e-mail, and delete the original and any copies of this message. It is the sole responsibility of the\n\n<<<PAGE 6>>>\n\nrecipient to ensure that this message and any attachments are virus free.","truncated":false,"body_characters":8583}