Scopelitis, Garvin, Light, Hansen & Feary, P.C. — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue, SE Washington, DC 20590 MAR 2 2 2017 Mr. Timothy W. Wiseman Managing Partner Scopelitis, Garvin, Light, Hansen & Feary, P.C. 10 West Market Street,· Suite 1400 Indianapolis, IN 46204 Reference No. 16-0123 Dear Mr. Wiseman: This letter is in response to your June 23, 2016, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to packaging requirements for lithium batteries that each weigh more than 12 kg (26.5 lbs). Specifically, you request confirmation that lithium batteries secured in the racking system described in your email conform to the provisions of§ 173.185(b)(5). In your email, you described a racking system used to transport lithium batteries in dedicated trucks between manufacturing facilities. The racking system consists of a frame and a series of shelves. The frame of the racking system is steel tubing, and the sides of the rack and each shelf are molded corrugated plastic. A single lithium ion battery is placed in a foam partition and bolted to a shelf in the rack. You provided pictures and diagrams of the batteries and the racking system. Based on the information provided, it is the opinion of this Office that the batteries placed iri the rack system would not meet conditions described in§ 173.185(b)(5). As prescribed in § 173. l 85(b )(5), lithium batteries and assemblies must have a strong impact resistant outer casing. The batteries described in your letter do not meet this requirement. However, special permits may authorize relief from any requirement in the HMR, provided the applicant demonstrates an equivalent level of safety to that intended by the regulation. To apply, you must submit an application to the Associate Administrator for Hazardous Materials Safety in conformance with the requirements prescribed in 49 CFR Part 107, Subpart B. You may obtain information on the special permit application process from our website at http://www.phmsa.dot.gov/hazmat/regs/sp-a, or by calling PHMSA's Approvals and Permits Division at (202) 366-4511. I hope this information is helpful. Please contact us if we can be of further assistance. Sincerely, ~~,fl.~! .1 Duane A. Pfund I y-- Intemational Standards Coordinator Standards and Rulemaking Division#

Page 2Goodall, Shante CTR (PHMSA) From: Betts, Charles (PHMSA) Sent: To: Cc: Subject: Friday, July 15, 2016 9:19 AM Goodall, Shante CTR (PHMSA) Solomey, Joe (PHMSA); Patterson, Tyler (PHMSA); Leary, Kevin (PHMSA) FW: Lithium Battery Issue Attachments: Honda Diagram.docx Importance: High Good morning Shante - Please log and assigned this request for interpretation to Kevin for response. Thanks, Charles From: Solomey, Joe (PHMSA) Sent: Thursday, July 14, 2016 11:10 AM To: Betts, Charles (PHMSA) Subject: FW: Lithium Battery Issue Joseph Solomey Pipeline and Hazardous Materials Safety Administration Senior Assistant Chief Counsel Hazardous Materials Safety Law Division 1200 New Jersey Avenue, SE. , PHC-10, Room E26-316 Washington, D.C. 20590 (202) 366-0977 (Phone) (202) 366-7041 (Fax) (202) 379-9057 (E-Fax) joe.solomey@dot.gov PRIVILEGED & CONFIDENTIAL: This e-mail, including any attachments, is confidential, intended only for the named recipient(s) above and may contain information that is privileged, confidential, attorney work product or otherwise legally protected. If you have received this message in error, or are not the named recipient(s), please immediately notify me and permanently delete th is e-mai I message and any attachments from your workstation and/or network mai I system. From: Wiseman, Tim [mailto:TWISEMAN@scopelitis.com] Sent: Thursday, June 23, 2016 12:34 PM To: Solomey, Joe (PHMSA); Patterson, Tyler (PHMSA) Subject: Lithium Battery Issue Joe and Tyler: 1#

Page 3I hope all is well with both of you. I was hoping to speak with someone in your office regarding the lithium ion battery regulations in 49 C.F.R. 173.185. Specifically, I represent Honda North America, which has developed a unique racking system for the purposes of transporting larger lithium batteries used for automobiles between the company's manufacturing facilities (with the use of dedicated trucks). I have attached a few photographs and diagrams of the racking system for your further review. There is a single lithium battery bolted in place on each shelf of the racking system, which is then secured in the truck. I believe that this racking system would qualify under 49 C.F.R. 173.185(b)(5) since he individual battery weighs more than 26.5 pounds. The question I have is the inner liner requirement under 173.185(b)(3)(i). Honda plans on using a molded corrugated plastic divider on all sides of each shelving that appears to meet the requirements of the regulation ("the lithium batteries must be placed in a non-metallic inner packaging that completely enclose the cells or batteries, and separate the cells or batteries from contact with equipment, other devices or conducted materials.") However, before they begin manufacturing the racking system for use, they asked me to confirm with the agency whether this would be considered acceptable under the regulations or whether a special permit may be required. As always, thanks for any guidance you can provide on this issue. /Tim Timothy W. Wiseman Scopelitis, Garvin, Light, Hanson & Feary, P.C. Managing Partner 10 West Market Street, Suite 1400 Indianapolis. IN 46204 WEBSITE BIO VCARD E-MAIL ill 317-637-1777 (office) Bl SC 0 PE LIT I S ifli' 317-687-2414 (fax) GARVIN LIGHT HANSON & FE.AR Y @ twiseman@scopelitis.com ---· --------- CONFIDENTIALITY NOTICE This message 1s privileged and confidential for the addressee(s) named above. If you are not the intended recipient. you are proh1b1ted from disseminating, using. or copying the contents and should notify the sender immediately that you received this message in error The signature(s) within this email does not constitute any binding agreement. 2#