The real take away is this. As a consumer you don't have to worry about any requirements of 38.3 as those requirements have already been satisfied by the original shipper of the batteries. So if you go into a store and buy some lithium batteries off the shelf, in order to get shipped to that store, they would have had to meet those requirements. Same as if you buy a product like a dive light with a battery. You don't need to worry if the battery meets 38.3. Manufactures of batteries are not even required to put on the package that it has met any part of 38.8 so imagine the nightmare if you had to somehow prove it did.
Now if you are somehow making your own batteries then it could be an issue I suppose.
that is not true. responsibility for un38.3 when transporting is on the owner and operator of the batteries, not on the original manufacturer. there are also a lot of questionable things being done with shipping these big batteries. Light Monkey, DPV manufacturers, etc. all make much larger batteries than is allowed to ship, and very few have gone through un38.3 testing because of the astronomical cost of doing so. Batteryspace ships prototype batteries regularly that haven't gone through un38.3 and are able to do so with some permits that they have for shipping "for testing purposes" under class 9 permits.
UN38.3 is a destructive test that costs several thousands of dollars on top of the cost of the actual battery packs.
With this, companies like UWLD have battery pack that gets stacked in parallel inside of the larger canisters. I.e. the mini is a 1x pack, short is 2x, and tall is 3x of the same pack. The one pack is certified and because the entire assembly is under 160wh it can fly. UWLD actually has UN38.3 Compliant engraved into the exterior of their battery packs to try to make it as easy as possible for the operators.
@Bobby can probably elaborate a bit more.
Light Monkey has their two smaller packs certified and they use a weird isolation system in the cap that separates the batteries which is a bit of a grey area.
Dive Xtras has gone to using a commercial battery pack for scooters in the Piranha which is why the battery slice concept is used there in lieu of custom batteries from Deep Sea Supply like the Fury had.
Other companies like Silent Submersion, Suex, etc. have not had their batteries tested and are technically not allowed to ship them unless they are going through the same "for testing purposes" bit and shipping class 9. It's sketchy either way and not something I'd really be keen on finding out the hard way