Mercedes-Benz U.S. International, Inc. — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue, SE Washington, DC 20590 October 28, 2019 Joshua Galvarino NAFT A Dangerous Goods Coordinator Lead Transportation Compliance Mercedes-Benz U.S. International, Inc. P.O. Box 100 Tuscaloosa, AL 3 5403 Reference No. 19-0080 Dear Mr. Galvarino: This letter is in response to your June 13, 2019, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to lithium ion batteries transported by ground within the United States. Specifically, you describe and provide photographs depicting a large lithium ion battery assembly that weighs over 12 kg and is enclosed in a strong outer casing with some hoses protruding. You also describe and provide photographs depicting a packaging concept in which the battery is bolted into a wooden crate ( one per crate) to prevent movement during transportation, and the wooden crate fully encloses the battery when assembled. We have paraphrased and answered your questions as follows: Q 1. You ask whether the battery assembly configuration pictured and described in your letter satisfies the "strong outer casing" requirement as specified in § 173. l 85(b )( 5). A 1. The answer is yes. Based on the photographs and information you provided, the battery assembly is fully enclosed in a metal casing. This appears to meet the requirements of a strong, impact-resistant outer casing as specified in§ 173.185(b)(5). Q2. You ask whether lithium ion batteries that meet the requirements of§ 173. l 85(b )( 5) are also subject to the inner packaging requirements specified in§ 173.185(b)(3)(i). A2. The answer is no. The inner packaging requirements specified in§ 173. l 85(b )(3)(i) apply to those batteries that do not meet the requirements of§ 173.185(b)(5).#

Page 2Q3. A3. Q4. A4. You ask whether the use of United Nations (UN) specification packaging without inner packagings is authorized when packaging lithium ion batteries in accordance with § 173.185(b)(5). The answer is yes. While this section allows for the use of non-UN specification packaging for larger lithium batteries, they are still authorized as strong outer packagings. You ask whether the packaging concept you have described satisfies the requirements of § 173.185(b)(5). The answer is yes. Lithium ion batteries that weigh 12 kg (26.5 pounds) or more and have a strong, impact-resistant outer casing and assemblies of such batteries, may be packed in protective enclosures (for example, in fully enclosed or wooden slatted crates), instead of packages meeting the UN performance packaging requirements in § 173. l 85(b )(3)(ii) and (iii). Batteries or battery assemblies must be secured to prevent inadvertent movement, and the terminals may not support the weight of other superimposed elements. I hope this information is helpful. Please contact us if we can be of further assistance. Sincerely, T. Glenn Foster Chief, Regulatory Review and Reinvention Branch Standards and Rulemaking Division#

Page 3Janua~, lke~a CTR (PHMSA) 1 From: Sent: To: Subject: Attachments: INFOCNTR (PHMSA) Thursday, June 13, 2019 6:02 PM Hazmat Interps FW: Request for Official Interpretation of Title 49 CFR Interpretation Request Photos.pdf Hello Alice and lkeya, , Please see the email below and the attached document for a letter of interpretation request. Sincerely, Lynsie, HMIC From: joshua.galvarino@daimler.com [mailto:joshua.galvarino@daimler.com] Sent: Thursday, June 13, 2019 12:02 PM To: INFOCNTR (PHMSA) <INFOCNTR.INFOCNTR@dot.gov> Subject: Request for Official Interpretation ofTitle 49 CFR Hello, I am contacting you to obtain clarification of packaging requirements for shipping a large format lithium ion battery by ground in the US. Our battery assembly weighs over 12kg and has a strong outer casing which fully encloses all cells. The battery assembly has multiple hoses protruding from the assembly. Pictures of the battery are attached to this request. Does this battery assembly configuration satisfy the "strong outer casing" requirement mentioned in section §173.18S(b)(S)? Are lithium ion batteries which meet the requirements of section §173.18S(b)(S), subject to the inner packaging requirements specified in section §173 .18S(b)(3)(i)? If the requirements of section §173.18S(b)(S) are satisfied, is the use an approved UN specification packaging, without inner packaging, acceptable? Thank you for your time and guidance. Best regards, Josh Galvarino NAFTA Dangerous Goods Coordinator Lead Transportation Compliance#

Page 4Mercedes-Benz U.S. International, Inc. (MBUSI) Global Service Parts 11146 Will Walker Rd. Vance, Alabama 35490 Office: +1205 507 3773 Cell: +1205 579 0647 Fax: +1205 507 3721 Email : joshua.galvarino@daimler.com This message (including any attachments) may contain confidential information intended for a specific individual and purpose, and is protected by law. Any disclosure, copying, or distribution of this message, or the taking of any action based on it, is strictly prohibited. If you are not the intended addressee, please inform us immediately that you have received this e-mail in error, and delete it. Statements referencing regulatory requirements may not be current as regulations are subject to change. Please reference the latest released regulations. We thank you for your cooperation. If you are not the addressee, please inform us immediately that you have received this e-mail by mistake, and delete it. We thank you for your support. 2#