National Electrical Manufacturers Association — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Ave.. S E Washtngton DC 20590 SEP 1 1 2008 Mr. Craig Updyke National Electrical Manufacturers Association 1300 North 1 7th street, Suite 1752 Rosslyn, VA 22209 Ref. No.: 08-0 172 Dear Mr. Updyke: This is in response to your June 30,2008 letter concerning the packaging of lithium batteries offered for transportation by aircrafi under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171 - 180) and International Civil Aviation Organization Technical Instructions for the Safe Transport of Dangerous Goods by Air (ICAO Technical Instructions). A provision contained in Packing Instruction 968 of the ICAO Technical Instructions 2009- 2010 edition requires certain packages containing lithium cells or batteries to be capable of withstanding a 1.2 meter drop test without shifting ofcontents that would allow battery to battery (cell to cell) contact. You ask if this provision is intended to prohibit all contact between batteries while in transport or just contact that could lead to short circuiting. The intent of this provision is to ensure a package containing lithium cells or batteries is capable of withstanding in any orientation, a drop from a height of 1.2 meters while retaining the cells or batteries in their original orientation. In your letter, you provide an example of AA batteries packed in a blister pack where the insulating jackets of the batteries contact each other but no contact between the conductive terminals occurs. Cells or batteries securely packed in this manner would meet the intent of the requirement. I hope this answers your inquiry. Sincerely, , HA J+j Susan Gorsky Acting chief, Standards Development Office of Hazardous Materials Standards#

Page 2-- ~ Setting Standards for. Excellence KYLE PlTSOR Vice President. Cove~nl~~erlt Relat~u~ra June 30,2008 Mr. Charles E. Betts Senior Transportation Regulations Specialist Office of Hazardous Materials Standards Pipeline and Hazardous Materials Safety Administration U.S. Department of Transportation 1200 New Jersey Avenue, SE Washington, DC 20590 Dear Mr. Betts, I am writing on behalf of the Dry Battery Section of the National Electrical Manufacturers Association (NEMA) to request an official interpretation of a requirement contained in the 2009- 2010 edition of the ICAO Technical Instructions. We are raising this inconsistency and interpretation problem in advance of PHMSA's recognition of the 2009-2010 TIs in the U.S. Hazardous Materials Regulations (HMR) and hope that our inquiry, your interpretation and our proposed text to rectify the situation can be integrated into PHMSA's adoption of the TIs. At issue is the proper interpretation of a small but important portion of the new Packing Instruction 968 for lithium metal batteries. Specifically, under "Additional requirements", the second sub-bullet of the section on the 1.2 meter drop-test specifies that the batteries should not touch (at all, that is, no "battery to battery (cell to cell) contact"). Is this the true intent, that the batteries should be completely isolated from each other, i.e., not only should the conductive terminals of the batteries not touch, but also should the insulating jackets of AA batteries not be able to come in contact with each other in a blister pack? This interpretation is also important for shrink and volume packs of batteries. We do not believe that the ICAO Dangerous Goods Panel intended to prohibit all contact between batteries in transport, only contact that could lead to short circuiting. On an attached page we have included some photographs of these types of packaging for your consideration. National Electrical Manufacturers Association 1300 North 17th Street. Suite 17-32 Rosslyn. VA 22209 (703) 84 1 -3274 FAX (703) 841 -3374 k y I-pitsor@nerna.org#

Page 3To aid in clarifying the matter and avoiding misinterpretation, we offer the text in question with new suggested text in bold: Additional requirements In addition, the following new packaging and documentation requirements apply, except for when packaged in blister packs or with equipment: Cells and batteries must be packed in inner packagings that completely enclose the cell or battery. Cells and batteries must be protected so as to prevent short circuits. This includes protection against contact with conductive materials within the same packaging that could lead to a short circuit. Each package must be capable of withstanding a 1.2 m drop test in any orientation without: damage to cells or batteries contained therein; shifting of the contents so as to allow battery to battery (or cell to cell) positive-to-negative terminal contact; release of contents. Special Provision 188 already limits the number of batteries that can be packed with a device to the number necessary to power the equipment. Thank you for prompt consideration of this interpretation request and of the suggested text. I and our member companies look forward to your reply. Should you have questions or need more information about this request, please contact Craig Updyke of my staff at (703) 841-3294 or cra updyke@,nema.org. Sincerely, cc: Robert Richard, Deputy Associate Administrator for Hazardous Materials Safety Duane Pfund, International Standards Coordinator John Gale, Standards Development Chief, Office of Hazardous Materials Standards attachment#

Page 4Photos of Shrink, Blister and Volume Packs of AA Lithium Metal Batteries Shrink Pack Blister Card Volume Pack#