Nissan Group of North America — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation 1200 New Jersey Avenue, SE Materials Safety Pipeline and Hazardous Washington, DC 20590 Administration JUN 1 9 2017 Mr. Mark Marson Nissan Group of North America 983 Nissan Drive Bin 1D Smyrna, TN 37167 Reference No. 17-0019 Dear Mr. Marson: This letter is in response to your February 9, 2017, email and subsequent phone conversations requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to transporting lithium ion batteries. Specifically, you describe a packaging concept consisting of a lithium ion battery assembly encased in a steel outer casing, which is then banded to a steel pallet with dunnage welded and screwed to it to prevent shifting of the battery. We have paraphrased and answered your questions as follows: Q1. You ask if the packaging concept described above meets the requirements in § 173.185(b)(5) for lithium ion batteries exceeding 12 kilograms. Al. The answer is yes. Section 173.185(b)(5) allows for various methods to ship large batteries with strong, impact resistant outer casings. Using a pallet is one possible method. In addition, the battery assembly must be secured to prevent inadvertent superimposed elements. movement (i.e., the straps and dunnage), and the terminals may not support the weight of Q2. You ask if the packaging concept described above would meet the definition of a strong outer package. A2. The answer is no. Strong outer packaging is defined as "the outermost enclosure that provides protection against the unintentional release of its contents." The pallet used in your packaging concept does not completely enclose the battery assembly. Therefore, it is not a strong outer packaging. Q3. You ask if the packaging concept described above must meet United Nations performance packaging requirements, specifically testing requirements.#

Page 2A3. The answer is no. Shipping under § 173.185(b)(5) excepts the shipment from the other requirements of § 173.185(b) are met. specification packaging requirements of § 173.185(b)(3)(ii) and (b)(3)(iii), provided all I hope this information is helpful. Please contact us if we can be of further assistance. Sincerely, Alan sota T. Glenn Foster Chief, Regulatory Review and Reinvention Branch Standards and Rulemaking Division#

Page 35/73.185- war. Dodd, Alice (PHMSA) Batterces 7-00/9 From: Sent: INFOCNTR (PHMSA) To: Monday, February 13, 2017 4:33 PM Subject: Hazmat Interps FW: Letter of Interpretation Request - Lithium battery packaging requirement Hi Shante/Alice, Please submit this as a letter of interpretation. Mr. Marson spoke with Eamonn and Jodi. Please let me know if you have any questions. Thanks, Jordan From: Marson, Mark [mailto:Mark.Marson@Nissan-Usa.com] Sent: Thursday, February 09, 2017 6:37 PM To: INFOCNTR (PHMSA) < INFOCNTR.INFOCNTR@dot.gov> Subject: Letter of Interpretation Request - Lithium battery packaging requirement Hello, I am working on a project which will require the shipment of a lithium ion battery assembly for our electric vehicle. The battery assembly itself consists of a steel shell that is completely sealed, and weighs approximately 983 Ibs. All of the lithium battery cells are enclosed and sealed within this steel outer casing. Our plan is to ship this battery pack on a steel pallet that will have specific dunnage details welded/screwed into the pallet which will support the battery and prevent movement from side to side. The battery pack will also be banded in 4 locations to further prevent shifting due to impacts/vibration/etc. Other than a polyethylene bag to cover the battery, the rack would not "enclose" the battery itself. Below is a photo of our rack concept. Can you confirm that this packaging concept meets requirements detailed in CFR 49, section 173.185, (b) Packaging, paragraph (5); specifically that this meets the definition of a 'strong outer packaging'? Also, can you confirm that this is not required to meet the UN performance packaging requirements (testing) as defined in this paragraph? Thank you in advance for your time and guidance. Regards,#

Page 4Mark Marson Logistics Engineering & Strategy Sr. Packaging Engineer Nissan Group of North America Phone: +1 615-223-3751 NISSAN GROUP OF NORTH AMERICA#