PHMSA Response Letter

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Mr. Jeffrey A. McKinney
Vice President and Chief Patent Counsel
Altair Nanotechnologies, Inc.
204 Edison Way
Reno, NV 89502

Ref. No. 08-0186

Dear Mr. McKinney:

This responds to your July 11, 2008 letter requesting clarification of the requirements for shipment of lithium batteries under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask whether § 173.185(e), Shipments for testing (prototypes), applies to shipments of prototype lithium cells or batteries transported for purposes of product performance and field demonstration testing.

The answer is yes. Section 173.185(e) is not limited to transportation of prototype lithium cells or batteries for the purpose of UN testing in accordance with § 173.185(a). Prototype lithium cells or batteries may also be transported under the provisions of § 173.185(e) for product performance testing or field demonstration testing in connection with product development programs.

I hope this information is helpful. Please contact us if you require additional assistance.

Sincerely,

Susan Gorsky,
Regulations Officer
Office of Hazardous Materials Standards

173.185(e)