Lithium-Batterie-Service GbR — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration May 5, 2020 1200 New Jersey Avenue, SE Washington, DC 20590 Eva Glimsche Lithium-Batterie-Service GbR Sperberstr. 50e 81827 München Germany Reference No. 19-0137 Dear Ms. Glimsche: This letter is in response to your December 18, 2019, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to packaging requirements for lithium batteries. Specifically, you ask whether lithium batteries packaged in accordance with § 173.185(b)(5) are excepted from the inner packaging requirements specified in § 173.185(b)(3)(i). The answer is yes. Section 173.185(b)(5) provides exceptions for lithium batteries that weigh 12 kg (26.5 pounds) or more and have a strong impact-resistant outer casing and are otherwise packaged to prevent short circuits and damage as required by § 173.185(b)(2). This provision allows certain lithium batteries to be packed in strong outer packagings, in protective enclosures, or on pallets or other handling devices. Therefore, lithium batteries packaged in accordance with § 173.185(b)(5) do not require inner packaging, only the strong impact-resistant outer casing that is part of the battery. The inner packagings described in § 173.185(b)(3)(i) are part of a configuration of a packaging that would accompany the outer packagings described in § 173.185(b)(3)(ii). When § 173.185(b)(5) states that lithium batteries may be packaged in configurations other than those specified in § 173.185(b)(3)(ii) and (b)(3)(iii), that also includes the requirement that the batteries be packaged with the inner packagings in paragraph (b)(3)(i). 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 2From: INFOCNTR (PHMSA) To: Hazmat Interps Subject: FW: Inner packagings required for large batteries described in 173.185 (b) (5) Date: Wednesday, December 18, 2019 2:38:20 PM Attachments: Glimshe_2_LOI.docx Hello Alice and Ikeya, Please see below for letter of interpretation request. Please contact our office with any questions. Thanks, Kathryn, HMIC From: Eva Glimsche [mailto:eva.glimsche@lithium-batterie-service.de] Sent: Wednesday, December 18, 2019 11:43 AM To: INFOCNTR (PHMSA) <INFOCNTR.INFOCNTR@dot.gov> Subject: Inner packagings required for large batteries described in 173.185 (b) (5) Dear PHMSA Team, I would like to request an interpretation as per 49 CFR 105.20 in writing on the following question: In 173.185 (b) (5) it reads that Lithium 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 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 (b)(3)(iii) of this section. Batteries or battery assemblies must be secured to prevent inadvertent movement, and the terminals may not support the weight of other superimposed elements. Batteries or battery assemblies packaged in accordance with this paragraph are not permitted for transportation by passenger-carrying aircraft and may be transported by cargo aircraft only if approved by the Associate Administrator. Since there is no mention of paragraph (b)(3)(i) does that mean that e.g. large HV automobile batteries need to be placed in an inner packaging as described in (b)(3) (i)? Best regards Eva Eva Glimsche Lithium-Batterie-Service GbR – Sperberstr. 50e – 81827 München - Germany Büro + 49 - 89 - 43579624 – Mobil + 49 - 171 – 4958177 eva.glimsche@lithium-battery-service.com www.lithium-battery-service.com#