Honda Development and Manufacturing of America — 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 31, 2023 Mr. Joe Williamson Senior Staff Engineer Honda Development and Manufacturing of America Purchasing and Supply Chain Planning – Strategic Planning Dept. / Business Management Unit 24000 Honda Pkwy Marysville, OH 43040 Reference No. 23-0091 Dear Mr. Williamson: This letter is in response to your August 4, 2023, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to packaging lithium ion batteries. In your email, you describe a lithium ion battery assembly with a strong, impact- resistant outer aluminum casing enclosing the assembly, and you state that the battery and casing weigh several hundred kilograms. You further note that the battery assemblies are secured to a steel handling rack to prevent inadvertent shifting, and that the terminals do not support the weight of other superimposed elements. Specifically, you ask whether these lithium ion battery assemblies may be packaged in a steel handling rack for highway transportation—rather than in United Nations performance-oriented packaging—in accordance with § 173.185(b)(5). Provided that the aluminum casing is strong and impact-resistant, the lithium ion batteries are secured to prevent inadvertent shifting, and the terminals do not support the weight of other superimposed elements, it is the opinion of this Office that the packing and handling arrangement you describe in your email is acceptable for highway transportation in accordance with § 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 2Patrick From: INFOCNTR (PHMSA) To: Dodd, Alice (PHMSA) Cc: Hazmat Interps Subject: FW: Request for Letter of Interpretation under 49 C.F.R. § 173.185(b)(5) Date: Friday, August 4, 2023 4:20:00 PM Attachments: Request for Interpretation Letter Battery Assy HDMA.pdf Appendix A_Confidential.pdf 23-0091 Hi Alice, Please see the below and attached interpretation request. Let us know if you need anything. Regards, -Breanna From: Joseph Williamson <Joseph_Williamson@na.honda.com> Sent: Friday, August 4, 2023 2:07 PM To: INFOCNTR (PHMSA) <INFOCNTR.INFOCNTR@dot.gov> Subject: Request for Letter of Interpretation under 49 C.F.R. § 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. Dear Mr. Kelley: On behalf of Honda Development & Manufacturing of America, LLC, I am requesting a formal letter of interpretati on regarding transportation of the Company’s new lithium battery assembly. These battery assemblies will be used i n the production of new electric vehicles. The battery assembly details are provided in Appendix A. Please note that we are requesting confidential treatment of Appendix A in its entirety under 49 C.F.R. § 105.30. Appendix A constitutes a trade secret, and its disclosure co uld cause competitive harm to HDMA. Disclosure of these materials would reveal the proprietary design specificati ons of the battery assemblies to HDMA’s competitors, and allow them to reverse-engineer competing battery assem blies. Can you please confirm the following: 1. Do the lithium battery assemblies described above constitute “lithium batteries that weigh 12 kg (2 6.5 pounds) or more and have a strong, impact-resistant outer casing” under 49 C.F.R. § 173.185( b)(5)? 2. Can the battery assemblies be transported by truck using the steel racks shown “instead of package s meeting the UN performance packaging requirements in paragraphs (b)(3)(ii) and (iii)” of 49 C. F.R. § 173.185? Should you need any additional information, please let us know. Thank you for your attention to this request. Very truly yours, Joe Williamson Senior Staff Engineer#

Page 3Purchasing & Supply Chain Center: Strategic Planning/New Model Honda Development and Manufacturing of America Email: Joseph_Williamson@na.honda.com tel: 937-731-8457 Confidentiality Notice: This transmission (including any attachments) may contain confidential information belonging to the sender and is intended only for the use of the party or entity to which it is addressed. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, retention or the taking of action in reliance on the contents of this transmission is strictly prohibited. If you have received this transmission in error, please immediately notify the sender and erase all information and attachments.#

Page 4August 4, 2023 VIA EMAIL Mr. Shane Kelley Director, Standards and Rulemaking Division U.S. DOT/PHMSA (PHH-10) 1200 New Jersey Avenue, SE East Building, 2nd Floor Washington, DC 20590 infocntr@dot.gov Re: Request for Letter of Interpretation under 49 C.F.R. § 173.185(b)(5) Dear Mr. Kelley: On behalf of Honda Development & Manufacturing of America, LLC, I am requesting a formal letter of interpretation regarding transportation of the Company’s new lithium battery assembly. These battery assemblies will be used in the production of new electric vehicles. The battery assembly details are provided in Appendix A. Please note that we are requesting confidential treatment of Appendix A in its entirety under 49 C.F.R. § 105.30. Appendix A constitutes a trade secret, and its disclosure could cause competitive harm to HDMA. Disclosure of these materials would reveal the proprietary design specifications of the battery assemblies to HDMA’s competitors, and allow them to reverse-engineer competing battery assemblies. Can you please confirm the following: 1. Do the lithium battery assemblies described above constitute “lithium batteries that weigh 12 kg (26.5 pounds) or more and have a strong, impact-resistant outer casing” under 49 C.F.R. § 173.185(b)(5)? 2. Can the battery assemblies be transported by truck using the steel racks shown “instead of packages meeting the UN performance packaging requirements in paragraphs (b)(3)(ii) and (iii)” of 49 C.F.R. § 173.185? Should you need any additional information, please let us know. Thank you for your attention to this request. Very truly yours, Joe Williamson Enclosure#