{"operation":"document","citation":"17-0019","title":"Nissan Group of North America — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2017-06-19","effective_on":null,"summary":"17-0019 response to Nissan Group of North America concerning 173.185.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-17-0019.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-17-0019.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-17-0019","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/58516/170019.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\n1200 New Jersey Avenue, SE\nMaterials Safety\nPipeline and Hazardous\nWashington, DC 20590\nAdministration\nJUN 1 9 2017\nMr. Mark Marson\nNissan Group of North America\n983 Nissan Drive\nBin 1D\nSmyrna, TN 37167\nReference No. 17-0019\nDear Mr. Marson:\nThis letter is in response to your February 9, 2017, email and subsequent phone conversations\nrequesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180)\napplicable to transporting lithium ion batteries. Specifically, you describe a packaging concept\nconsisting of a lithium ion battery assembly encased in a steel outer casing, which is then banded\nto a steel pallet with dunnage welded and screwed to it to prevent shifting of the battery.\nWe have paraphrased and answered your questions as follows:\nQ1. You ask if the packaging concept described above meets the requirements in\n§ 173.185(b)(5) for lithium ion batteries exceeding 12 kilograms.\nAl.\nThe answer is yes. Section 173.185(b)(5) allows for various methods to ship large\nbatteries with strong, impact resistant outer casings. Using a pallet is one possible\nmethod. In addition, the battery assembly must be secured to prevent inadvertent\nsuperimposed elements.\nmovement (i.e., the straps and dunnage), and the terminals may not support the weight of\nQ2.\nYou ask if the packaging concept described above would meet the definition of a strong\nouter package.\nA2.\nThe answer is no. Strong outer packaging is defined as \"the outermost enclosure that\nprovides protection against the unintentional release of its contents.\" The pallet used in\nyour packaging concept does not completely enclose the battery assembly. Therefore, it\nis not a strong outer packaging.\nQ3.\nYou ask if the packaging concept described above must meet United Nations\nperformance packaging requirements, specifically testing requirements.\n\n<<<PAGE 2>>>\n\nA3.\nThe answer is no. Shipping under § 173.185(b)(5) excepts the shipment from the\nother requirements of § 173.185(b) are met.\nspecification packaging requirements of § 173.185(b)(3)(ii) and (b)(3)(iii), provided all\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nAlan sota\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\n5/73.185-\nwar.\nDodd, Alice (PHMSA)\nBatterces\n7-00/9\nFrom:\nSent:\nINFOCNTR (PHMSA)\nTo:\nMonday, February 13, 2017 4:33 PM\nSubject:\nHazmat Interps\nFW: Letter of Interpretation Request - Lithium battery packaging requirement\nHi Shante/Alice,\nPlease submit this as a letter of interpretation. Mr. Marson spoke with Eamonn and Jodi.\nPlease let me know if you have any questions.\nThanks,\nJordan\nFrom: Marson, Mark [mailto:Mark.Marson@Nissan-Usa.com]\nSent: Thursday, February 09, 2017 6:37 PM\nTo: INFOCNTR (PHMSA) < INFOCNTR.INFOCNTR@dot.gov>\nSubject: Letter of Interpretation Request - Lithium battery packaging requirement\nHello,\nI am working on a project which will require the shipment of a lithium ion battery assembly for our electric vehicle.\nThe battery assembly itself consists of a steel shell that is completely sealed, and weighs approximately 983 Ibs. All of\nthe lithium battery cells are enclosed and sealed within this steel outer casing.\nOur plan is to ship this battery pack on a steel pallet that will have specific dunnage details welded/screwed into the\npallet which will support the battery and prevent movement from side to side. The battery pack will also be banded in\n4 locations to further prevent shifting due to impacts/vibration/etc. Other than a polyethylene bag to cover the\nbattery, the rack would not \"enclose\" the battery itself. Below is a photo of our rack concept.\nCan you confirm that this packaging concept meets requirements detailed in CFR 49, section 173.185, (b) Packaging,\nparagraph (5); specifically that this meets the definition of a 'strong outer packaging'? Also, can you confirm that this is\nnot required to meet the UN performance packaging requirements (testing) as defined in this paragraph?\nThank you in advance for your time and guidance.\nRegards,\n\n<<<PAGE 4>>>\n\nMark Marson\nLogistics Engineering & Strategy\nSr. Packaging Engineer\nNissan Group of North America\nPhone: +1 615-223-3751\nNISSAN GROUP\nOF NORTH AMERICA","truncated":false,"body_characters":4303}