Wabtec Corporation — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue, SE Washington, DC 20590 December 12, 2023 Vincent M. Melillo Wabtec Corporation 2901 East Lake Road Erie, PA 16531 Reference No. 23-0088 Dear Mr. Melillo: This letter is in response to your October 5, 2023, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to lithium batteries. You provide schematics for a lithium ion battery pack design that weighs approximately 1600 lbs, with a completely enclosed fiberglass-resin composite casing comprised of “end cap” housings and “covers” with a nominal thicknesses of 0.20 inch and 0.13 inch respectively. The end caps are mounted and sealed to the ends of the covers at each end with an aluminum chill plate and the covers are mounted and sealed against the top and bottom faces of the aluminum chill plate. When fully assembled, the battery pack is sealed. You ask for confirmation that the battery pack design described above, and illustrated in the schematics you provided, would meet the requirement in § 173.185(b)(5) to have a “strong, impact-resistant outer casing." Based on the information in the schematics you provided, it is the opinion of this Office that the battery pack design meets the performance standard of a strong, impact-resistant outer casing as specified in § 173.185(b)(5). I hope this information is helpful. Please contact us if we can be of further assistance. Sincerely, Dirk Der Kinderen Chief, Standards Development Branch Standards and Rulemaking Division#

Page 2Cardeez 23-0088 From: INFOCNTR (PHMSA) To: Dodd, Alice (PHMSA) Cc: Hazmat Interps Subject: FW: Interpretation and Application of 49 CFR § 173.185(b)(5) Date: Friday, October 6, 2023 10:52:37 AM Attachments: image001.png WABTEC BATTERY PACK DESIGN (97 & 83 kWH) OVERVIEW - 2023-10-05.pdf Hello Alice, Please see the below interpretation request. Let us know if you need anything. Sincerely, Janaye From: Melillo, Vincent <vincent.melillo@wabtec.com> Sent: Thursday, October 5, 2023 4:22 PM To: INFOCNTR (PHMSA) <INFOCNTR.INFOCNTR@dot.gov> Cc: Perumal, Durai <durai.perumal@Wabtec.com> Subject: Interpretation and Application of 49 CFR § 173.185(b)(5) CAUTION: This email originated from outside of the Department of Transportation (DOT). Do not click on links or open attachments unless you recognize the sender and know the content is safe. To Whom This May Concern at the Hazardous Materials Information Center, Wabtec Corporation kindly requests an interpretation of 49 CFR § 173.185(b)(5) and the applicability of this clause to our battery pack design. Our Li-ion battery pack is designed to be incorporated into Freight and Diesel Locomotives, creating Battery Electric and Hybrid Locomotives. An interpretation of 49 CFR § 173.185(b)(5) would be helpful due to our desire to transport our Li- ion battery packs to customer service facilities as new replacement packs for our customers’ battery electric locomotives (We understand that used/defective/damaged batteries have different packaging requirements). We’re working with packaging companies to develop dunnage to safely ship our battery pack. However, we were recommended by consultant Lion Technology (Located in Sparta, NJ) to acquire an interpretation of 49 CFR § 173.185(b)(5) and whether our battery pack meets the requirements of this clause, specifically the “strong, impact-resistant outer casing” requirement. I’ve included an overview of our battery pack design in the presentation attached to this email. If you have any questions about the design specifics or require additional images for clarity, please do not hesitate to contact me. Lastly, if you could provide approximately how long an interpretation may take, that would allow us#

Page 3to design our dunnage and plan validation testing, if the interpretation requires. Vincent M. Melillo Lead Energy Storage Packaging Design Engineer 2901 East Lake Road Erie, PA 16531 This email and any attachments are only for use by the intended recipient(s) and may contain legally privileged, confidential, proprietary or otherwise private information. Any unauthorized use, reproduction, dissemination, distribution or other disclosure of the contents of this e-mail or its attachments is strictly prohibited. If you have received this email in error, please notify the sender immediately and delete the original. Neither this information block, the typed name of the sender, nor anything else in this message is intended to constitute an electronic signature unless a specific statement to the contrary is included in this message.#

Page 4WABTEC BATTERY PACK OVERVIEW 97 kWh / 83 kWh VINCENT M. MELILLO 10/05/2023 The information contained in this document may contain confidential, proprietary and/or privileged material of either Wabtec Corporation or one of its subsidiaries. Any review, retransmission, dissemination or other use of, or taking of any action in reliance upon, this information by persons or entities other than the intended recipient is prohibited unless authorized in writing. If you have received this document in error, please contact the sender and delete the material from any system and destroy any copies.#

Page 5Battery Pack Designs - Overview • Wabtec has designed the following battery packs for our next generation of locomotives - Battery Electric Locomotives (BELs) and Hybrid Locomotives • Height and width of both battery packs are consistent– 97 kWh Battery Pack is approximately 7” longer than 83 kWh Battery Pack 97 kWh Battery Pack 83 kWh Battery Pack 66” 59” 48” 10” Confidential & Proprietary 2#

Page 6Battery Pack Designs - Overview • Wabtec has designed the following battery packs for our next generation of locomotives - Battery Electric Locomotives (BELs) and Hybrid Locomotives 97 kWh Battery Pack 83 kWh Battery Pack Confidential & Proprietary 3#

Page 749 CFR § 173.185(b)(5) • Interpretation of 49 CFR § 173.185(b)(5) and whether Wabtec battery packs meet the requirements will impact the design of dunnage/packaging for new battery pack shipments • 49 CFR § 173.185(b)(5) states: Lithium batteries that… weigh 12 kg (26.5 pounds) or more have a strong, impact-resistant outer casing ✓ (97 kWh = 1600 lbs; 83 kWh = 1400 lbs) ? (Wabtec requires Interpretation) 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. Batteries must be secured to prevent inadvertent shifting, and the terminals may not support the weight of other superimposed elements. Batteries packaged in accordance with this paragraph may be transported by cargo aircraft if approved by the Associate Administrator. • Please note: Wabtec does not intent to transport battery packs by aircraft (at this time) Confidential & Proprietary 4#

Page 8“Outer Casing” of Battery Pack • The “End Cap” housings and the “Covers” of are made of a tough fiberglass-resin composite with a nominal thicknesses of 0.20” and 0.13” respectively. • The End Caps are mounted and sealed to the ends of the Covers at each end of the aluminum chill plate; the Covers are mounted and sealed against the top and bottom faces of the aluminum chill plate • When fully assembled, the battery pack is sealed and rated to IP67 (Test Results Pending) COVER (TOP) END CAP (EXHAUST) END CAP (CONTROL) ALUMINUM CHILL PLATE COVER (BOTTOM) Confidential & Proprietary 5#

Page 9Validation Testing • Wabtec’s Battery Pack Validation Plan includes, but is not limited to, the following Validation Tests that will validate the mechanical integrity of the Battery Pack: TEST NAME DUT STATUS UN 38.3 Transport Test* MODULE COMPLETE, ANALYZING RESULTS Impact Test (IAW IEC 62619) MODULE SCHEDULED Service Height Drop Test (IAW SAE J2929; J2464: 1m) BATTERY PACK COMPLETE, ANALYZING RESULTS Corner Drop/Bump Test (IAW IEC 62619) BATTERY PACK SCHEDULED Environmental Qualification Testing (IAW IEC 61373) BATTERY PACK SCHEDULED Temperature Extremes (IAW 62619) MODULE SCHEDULED Temperature Cycling (IAW Wabtec Internal Environmental Standards) BATTERY PACK SCHEDULED Various Thermal Runaway Tests CELL MODULE BATTERY PACK IN PROCESS Ingress Protection (IP67 - IAW IEC 60529) BATTERY PACK SCHEDULED *Successful UN 38.3 Testing is required for battery pack transport Confidential & Proprietary 6#

Page 10Wabtec Battery Pack Images Confidential & Proprietary 7#

Page 11Wabtec Battery Pack Images Confidential & Proprietary 8#

Page 12Wabtec CORPORATION#