TriEnda — Hazardous Materials Safety Interpretation

Page 11200 New Jersey Avenue, SE Washington, DC 20590 U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration September 9, 2024 Jacob Hacker Business Development Manager TriEnda N7660 Industrial Road Portage, WI 53901 Reference No. 24-0064 Dear Mr. Hacker: This letter is in response to your June 26, 2024, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the packaging requirements for lithium ion batteries. Specifically, you state that a customer is requesting your company manufacture a packaging for six lithium ion batteries consisting of a plastic pallet base, a plastic outer sleeve, and a plastic pallet lid banded together and holding two foam trays inside which contain the six individual batteries. You state that each battery weighs 56.7 kg and has a strong, aluminum outer casing. Lastly, in your email you provide drawings of the proposed configuration and a picture of a single lithium ion battery. You ask whether the foam trays “holding” the batteries need to meet the inner packaging requirements specified in § 173.185(b). The answer is no. Section 173.185(b)(3)(i) requires lithium cells or batteries to be placed in non- metallic inner packagings that completely enclose the cells or batteries and separate the cells or batteries from contact with equipment, other devices, or electrically conductive materials (e.g., metal) in the packaging. The packaging configuration described in your letter would not meet this requirement because the inner packaging does not completely enclose the batteries. However, in accordance with § 173.185(b)(5), lithium cells or batteries that weigh 12 kg or more and have a strong, impact-resistant outer casing, may be packed on pallets or other handling devices instead of packages meeting the UN performance packaging requirements of § 173.185(b)(3)(ii) and (b)(3)(iii), including the inner packaging requirement of paragraph (b)(3)(i). Provided that the battery 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, Eamonn Patrick Acting Chief, Regulatory Review and Reinvention Branch Standards and Rulemaking Division#

Page 2Larson 24-0064 From: INFOCNTR (PHMSA) To: Hazmat Interps Subject: FW: UN Battery Packaging Question / Verification Date: Wednesday, July 17, 2024 3:48:38 PM Attachments: logo.png facebook-grey.png twitter-grey.png linkedin-grey.png youtube-grey.png trienda_auto_2023_banner.png image001.png image002.png image003.png image004.png image005.png Hello, Below is a request for letter of interpretation. The physical mailing address is: TriEnda N7660 Industrial Road Portage, Wisconsin 53901 Thanks, Jonathon From: Jacob Hacker <jhacker@trienda.com> Sent: Wednesday, June 26, 2024 10:37 AM To: INFOCNTR (PHMSA) <INFOCNTR.INFOCNTR@dot.gov> Cc: Andy Axelsen <aaxelsen@trienda.com> Subject: UN Battery Packaging Question / Verification 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. Good morning, I am with TriEnda a reusable plastic manufacturing company and we are working on a project for a customer and was directed to you from our UN Testing facility to reach out for verification. We would like to ask a few questions around the inner packaging requirements of our pack and if this is compliant with your DOT regulation. Here is our proposed packaging for 6 batteries. Plastic pallet base, plastic outer sleeve, and a plastic pallet as the lid banded together. The 2 foam trays on the inside hold the batteries and#

Page 3keep them separated as a load unit. My question is around the 2 foam trays holding the batteries and the UN Inner Packaging requirement.#

Page 4So below is the picture of the exact battery and the battery weight is 56.7 kg so we check that box of being over 12 kg. They performed a 1.1 m drop test on the actual battery and thus did not meet the 1.2 m drop test required for the verification of the outer casing battery drop test. They did confirm that the outer casing of the battery is aluminum and all the elements of the battery is enclosed. The customer questioned the highlighted statement above meets the impact resistant outer casing requirement even without a 1.2m drop test. They still want our packaging to be UN tested and approved. So total loaded pack weight with batteries is 825 lbs so we are planning on doing the 5 side drop test for UN packaging approval. I know we have the Outer packaging requirement met with the pallet/sleeve/pallet lid, but my question is if the foam trays holding the 6 modules on the inside meet Inner packaging requirements or if that foam needs to completely enclose each battery and have the foam fill the inside of the packaging?#

Page 5Transportation Mode Road / Rail (ADR/RID), Sea Freight (IMDG Code) Nominal Energy > 100 Wh (per battery) Name and Description Batteries (without equipment) (at least one battery which is not Batteries packed with equipment E attached) 5) Special Provision / Packing Instruction P903, LP903 SP 390, P903, LP903 Max. Quantity ADR 1.1.3.6: max. 333 kg (per transport unit, e.g. truck incl. trailer) If exceeded, further requirements for vehicle equipment and driver Weight Limit n/a Packaging be protected to prevent short circuits Batteries must be placed in inner packagings that completely enclose the battery, batteries must packaging (Packing Group Il: e.g. UN/4G/Y30/...) Batteries must be secured against movement within the outer packaging. UN approved p Marking (10 cm × 10 cm) Hazard label No. 9A (10 cm x 10 cm) Hazard label No. 9A UN 3480 ADR: ADR: IMDG Code: UN 3481 LITHIUM-ION BATTERIES UN 3480 IMDG Code: LITHIUM-ION BATTERIES PACKED WITH EQUIPMEN LITHIUM-ION BATTERIES CONTAINED IN EQUIPMEI Sea Freight Container- Marking (min. 25 cm x 25 cm) Container Plackards#

Page 6Thanks Jacob Hacker Business Development Manager Direct 608.742.9467 or 2298 Mobile 608-566-4447 Email jhacker@trienda.com Website www.trienda.com#