ABS All Battery Service GmbH — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue, SE Washington, DC 20590 April 3, 2025 Eva Glimsche ABS All Battery Service GmbH Sperberstraße 50e 81827 Munich, Germany Reference No. 24-0094 Dear Ms. Glimsche: This letter is in response to your October 15, 2024, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to lithium battery test reports. Specifically, may a manufacturer redact some information from a lithium battery test report and does the lithium battery test report example included with your email provide the necessary information to meet the requirements in 49 CFR § 173.185(a)(3)? The HMR do not prohibit redaction of some information from lithium battery test reports; however, the full lithium battery test report must be made available by the manufacturer to an authorized representative of the Federal, state, or local government upon request—see 49 CFR § 173.185(a)(2)(ii). In addition, as required by 49 CFR § 173.185(a)(3), each manufacturer and subsequent distributor must make available a lithium battery test summary that includes the following elements: • Name and address of the cell, battery, or product manufacturer including address, telephone, email, and website; • Name and address of the test facility including address, telephone, email, and website; • A unique test report number; • Date of the test report; • Cell or battery description including if the battery is lithium ion or lithium metal, the battery’s mass, watt-hour rating or lithium content, physical description of the cell/battery, and model number; • List of tests conducted; • Reference to assembled battery testing requirements, when applicable; • Edition of United Nations Manual of Tests and Criteria used; and • Name and title of responsible person.#

Page 2Upon review, it appears that the redacted lithium battery test provided with your email is incomplete. Required information such as the test report number, name of testing laboratory, and name and title of responsible person are redacted. 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 3Pollack 24-0094 From: INFOCNTR (PHMSA) To: Dodd, Alice (PHMSA) Cc: Hazmat Interps Subject: FW: Request for a written letter of clarification Date: Tuesday, October 15, 2024 4:54:38 PM Attachments: PHMSA-UN383-test-summary-with-two-mistakes-anonymized-2024-10-15.png Hello Alice, Please see the below interpretation request. Let us know if you need anything. Sincerely, Janaye From: Eva Glimsche <eva.glimsche@lithium-battery-service.de> Sent: Tuesday, October 15, 2024 4:17 AM To: INFOCNTR (PHMSA) <INFOCNTR.INFOCNTR@dot.gov> Subject: Request for a written letter of clarification 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 PHMSA team, we were asked by one of our customers to check a UN 38.3 test summary for plausibility and completeness. The battery manufacturer is seated in the USA. When doing so we had two findings: 1. The version given in the UN 38.3 test summary did not match the version of the Manual of Tests and Criteria that was valid at the date of testing. We did request the battery manufacturer to correct the UN 38.3 test summary and we received the reply that the battery was tested according to 7th revised edition even if the test report was from 2023. 2. No test institute was entered in the UN 38.3 test summary we received. Asking for the test institute we received the following statement: "To clarify, that information does need to be passed on to regulatory authorities requesting the summary like, the FAA, IATA, etc but, it does not need to be passed on to anyone else, at our discretion. If any of those agencies need a non-redacted copy, they will ask us for one. At that point, we have a "reasonable" amount of time to provide the document to them, per part 4, section H of the document you sent me. Nobody else needs a non-redacted copy for any reason. If you are requesting this document from us for transportation purposes, the copy I sent you will#

Page 4satisfy the transporters, as they do not need a non-redacted copy. I hope that helps." Now we would like a written letter of clarification whether the statements this battery manufacturer made under list point 1 and under list point 2 reflect the PHMSAs point of view. For reference I have attached the anonymized version of the UN 38.3 test summary we received as document PHMSA-UN383-test-summary-with-two-mistakes-anonymized-2024-10-15 Thank you very much for looking into this. Best regards, Eva Glimsche#

Page 5Eva Glimsche ABS All Battery Service GmbH Sperberstr. 50e – 81827 Munich - Germany Office +49 - 89 - 43579624 Mobile +49 - 171 – 4958177 eva.glimsche@lithium-battery-service.com www.lithium-battery-service.com CEO: Eva Glimsche and Juergen Werny Registered office: Munich Commercial Register: Amtsgericht München (district court Munich) HRB 296612#