# Britton & Associates, S.C. — Hazardous Materials Safety Interpretation

**Citation:** 10-0199  
**Type / status:** guidance / guidance  
**Agency:** Pipeline and Hazardous Materials Safety Administration  
**Effective:** Not stated  
**Published:** 2010-10-21

10-0199 response to Britton & Associates, S.C. concerning 173.185.

## Document text

<<<PAGE 1>>>

U.S. Department of Transportation Pipeline and Hazardous Materials
Safety Administration
1200 New Jersey Ave, SE
Washington, D.C. 20590
OCT 2 1 2010
Mr. Larry J. Britton
Britton & Associates, S.C.
735 North Water Street
16th Floor West
Milwaukee, WI 53202
Ref. No.: 10-0199
Dear Mr. Britton:
This is in response to your September 3, 2010, letter requesting clarification of requirements in the
Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to design-type testing
of lithium ion batteries. You describe a single lithium ion battery comprised of electrically
connected cells weighing approximately 650 lbs and a watt-hour (Wh) rating of 28,000 Who
Additionally, you state that the component cells will pass each ofthe applicable tests outlined in the
5th revised edition of the UN Manual ofTests and Criteria. Specifically you ask if the battery
described in your letter must additionally pass each of the applicable tests outlined in the UN
Manual ofTests and Criteria.
In accordance with the UN Manual of Tests and Criteria, a lithium battery assembly in which the
aggregate lithium content of all anodes, when fully charged, is more than 500 g, or in the case ofa
lithium ion battery, a Watt-hour rating ofmore than 6,200 Watt-hours is comprised ofelectrically
connected batteries that have passed all applicable tests does not need to be tested if it is equipped
with a system capable of monitoring the battery assembly and preventing short circuits, or over
discharge between the batteries in the assembly and any overheat or overcharge ofthe battery
assembly.
The provision described above applies to a battery assembly composed of electrically connected
batteries that have passed all applicable tests. Since the battery described in your letter is assembled
from individually tested cells and not individually tested batteries, the battery described in your
letter must meet all ofthe applicable tests in the UN Manual of Tests and Criteria. While each of

<<<PAGE 2>>>

the cells that form the battery described in your letter may pass each of the applicable design type
tests, there is no evidence of the ability of the battery to pass the applicable tests.
I hope this information is helpful. If you have further questions, please contact this office.
Sincerely,
~
Ben Supko
Acting Chief, Standards Development
Office of Hazardous Materials Standards

<<<PAGE 3>>>

Leari{
BRITTON §n3./ft'S
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ASSOCIATES sc ICJ"'C q
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TELEPHONE: 414-273-29
LARRY J. BRlTTON ATTORNEYS AT LAW FALX: 414-273-2905
E-MAIL: Ijb@britton-law.com
WEBSITE: www.britton-law.com Est. 1913
September 3,2010
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Office of Hazardous Materials Special Permits and Approvals en
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ATIN: Mr. Don Berger 0 V
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1200 New Jersey Avenue -0 "»
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Room# E21-406 Ul
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Washington, DC 20590
Sent in Duplicate via Electronic Mail to: Specialpermits@dot.gov
RE: Request for Clarification
Dear Mr. Berger:
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Johnson Controls-Saft Power Solutions, LLC, ("JCS") is a manufacturer of lithium~ion batteries.
By regulation, lithium-ion batteries are to be subjected to the,te~ng.prptocols present in the UN
Test Manual. The 5th edition of the UN Test Manual contains the following language:, ' .
<
38.3.3 WHEN A CELL OR BATTERY TYPE IS TO B.E TESTED UNDER THIS SUBSECTION,
THE NUMBER AND CONDITION OF· CELLS AND BATTERIES. OF EACH
TYPE TO BE TESTED ARE AS FOLLOWS:
When batteries that have passed all applicable tests are electrically connected to
form a battery assembly in which the aggregate lithium content of all anodes,
when fully charged, is more than 500g, or in the crute.of \he lithium-ion battery,
with a watt-hour rating of more than 6200WH, that battery assembly does not
need to be tested if it is equipped with a system capable ofmonitoring the battery
assembly and preventin,g :short circuits, or over discharge between the batteries in
the assembly and any overheat or overcharge of the l?attery assembly~~, ,_: " I., . '
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In other words, the 5th edition of the uN testing protocol does not require testing for very' large
batteries which, are comprised of smaller batteries where those smaller batteries pass all
applicable tests. This exemption recognizes the physical limitations of testing very large
batteries.
735 NORTH WATER STREET, 16TH FLOOR WEST, MILWAUKEE, WISCONSIN 53202
BRI'ITON & ASSOCIATES, S.C. IS A UMITED UABILITY LEGAL ENTITY

<<<PAGE 4>>>

Mr. Don Berger
September 3, 20 I 0
Page 2 of2
Johnson Controls-Saft will soon manufacture a very large battery for electric vehicles that
weighs approximately 650 pounds, containing approximately 4,000 g of lithium content with a
rating of 28,000 Watt-hours (the "EV Pack"). While the EV Pack easily exceeds the 500 g/6,200
Watt-hour criteria, it is not an assembly of small batteries. Instead, the BV Pack consists of cells
which are connected electrically with a battery monitoring system, and each ofthe cells will pass
the testing specified in the UN Test Manual (5th edition).
JCS believes that the aforementioned exemption should apply to its EV Pack. The exemption is
based on the fact that very large batteries cannot be easily tested due to their size and weight, but
the exemption is only available where the components making up the very large batteries
successfully pass the applicable tests. In other words, the exemption for very large batteries is
essentially an exemption from re-testing assembled components that have themselves already
passed the applicable testsl before assembly into a very large battery pack.
The cells used in the JCS EV Pack will pass all safeguards and safety requirements set forth in
the UN testing procedure. JCS requests confirmation from PHMSA that the exemption for very
large batteries, which would eliminate the need to re-test JCS's EV Pack, applies to its
manufacturing process of connecting cells to form a battery assembly in which the aggregate
lithium content of all anodes, when fully charged, is more than 500 g or in the case of a lithium
battery, with a Watt-hour rating of more than 6,200, so long as it is equipped with a system
capable of monitoring the battery assembly in preventing short circuits or overcharge between
the cells in the assembly and any overheat or overcharge of the battery assembly. In other
words, JCS believes that the aforementioned exemption to testing should apply to both a battery
assembly made up of cells and a battery assembly made up of smaller batteries so long as all
other testing provisions have been met.
I would appreciate your immediate confirmation on this issue to determine our packaging and
transportation requirements for the JCS EV Packs.
Sincerely,
BRlTTON & ASSOCIATES, S.c.
•.. ...)
-(j)~
La J. Britton
LJB.SMT.mmk
I Johnson Controls-Saft is authorized to test lithium ion batteries in accordance with the amendments in Section 38.3
of the UN Manual of Tests and Criteria pursuant to Approval CA2010030026.

## Provenance

- Official: Yes
- Source: <https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2010/100199.pdf>
- Source ID: `phmsa`
- SHA-256: `9ad600e45d4ccae365c3d5847bac98b6335adff969a4ce2c574c9a80ed515944`
- Retrieved: 2026-08-20T00:59:31.977Z
- Exported: 2026-08-23T22:51:15.374Z
- Document slug: `phmsa-interpretation-10-0199`

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