Sandia National Laboratories — Hazardous Materials Safety Interpretation

Page 11515 Eubank SE Albuquerque, NM 87123 Reference No. 17-0127 Dear Mr. Colborg: This letter is in response to your November 15, 2017, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to lithium batteries. You explain that your company produces a non-UN tested prototype lithium battery contained in equipment. While the lithium battery weighs less than 12 kg (26.5 pounds), the equipment in which the lithium battery will be contained weighs more than 12 kg (26.5 pounds). Specifically, you ask if the prototype lithium battery contained in equipment meets the requirements of § 173.185(e)(4), which allow shipment in a strong outer packaging, or if the completed package must meet the requirements of § 173.185(e)(3). Based on the information you provided, you would not be permitted to pack the equipment in strong outer packagings, in protective enclosures, or on pallets or other handling devices and must instead comply with UN performance packaging requirements. The 12 kg (26.5 pounds) or more exception in § 173.185(e)(4) applies to the battery only and not the combined weight of the battery and the equipment. I hope this information is helpful. Please contact us if we can be of further assistance. Sincerely, Chief, Standards Development Branch Standards and Rulemaking Division#

Page 2Please see the attached interp request. Thanks, -Breanna From: Colborg, Shawn P [mailto: spcolbo@sandia.gov] Sent: Wednesday, November 22, 2017 3:55 PM To: INFOCNTR (PHMSA) <INFOCNTR.INFOCNTR@dot.gov> Subject: FW: Request for interpretation My physical address is: Sandia National Laboratories Shawn Colborg 1515 Eubank SE Albuquerque, NM 87123 Shawn Colborg Hazardous Material Trasportation From: Colborg, Shawn P Sent: Wednesday, November 15, 2017 10:07 AM To: 'infocntr@dot.gov' <infocntr@dot.gov> Subject: Request for interpretation Please see attached for the requested interpretation. Thanks SHAWN COLBORG HAZARDOUS MATERIALS SHIPPING SANDIA NATIONAL LABORATORIES 505-844-3196 SPCOLBO@SANDIA.GOV#

Page 4Subject: Request for formal interpretation of 49 CFR 173.185(e)(4) Dear To whom it may concern: Sandia National Laboratories (SNL) is seeking clarification concerning 49 CFR 173.185(e)(4) "Low production runs and prototypes" of lithium cells and batteries. SNL routinely makes prototype (non-UN tested) lithium batteries for research and testing with most of them contained in a piece of equipment that the battery powers. Some of the batteries that we make or that we are testing on behalf of a 3° party vender weighs less than the 12 kg (26.5 Ibs.) as stated in 173.185(e)(4). My question is this: Even though the battery itself weighs less than 12 kg but that battery is mounted ("contained in equipment") in the equipment that it will be supplying the power to will be well over the 12 kg weight. Would that equipment containing the prototype battery that weighs greater than the 12 kg, meet this provision and would be allowed to be shipped in strong outer packaging instead of having to meet the requirements in 173.185(e)(3)(i) and (ii)? (e) Low production runs and prototypes. Low production runs (i.e., annual production runs consisting of not more than 100 lithium cells or batteries), or prototype lithium cells or batteries, including equipment transported for purposes of testing, are excepted from the testing and record keeping requirements of paragraph (a) of this section, provided: [173.185(e)] (4) Lithium batteries, including lithium batteries contained in equipment, that weigh 12 kg (26.5 pounds) or more and have a strong, impact-resistant outer casing or assemblies of such batteries, may be packed in strong outer packagings, in protective enclosures (for example, in fully enclosed or wooden slatted crates), or on pallets or other handling devices, instead of packages meeting the UN performance packaging requirements in paragraphs (b)(3)(ii) and (iii) of this section. The battery or battery assembly must be secured to prevent inadvertent movement, and the terminals may not support the weight of other superimposed elements; [173.185(e)(4)] Sincerely, Shawn P. Colbor Sandia National Laboratories Hazard Material Transportation spcolbo@sandia.gov (505) 844-3196 Exceptional Service in the National Interest#