Interpretation Response #24-0064

Below is the interpretation response detail and a list of regulations sections applicable to this response.

Interpretation Response Details

Response Publish Date: 09/09/2024

Company Name: TriEnda

Individual Name: Jacob Hacker

Location State: WI Country: US

View the Interpretation Document

Response text:

September 09, 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

173.185(b), 173.185(b)(3)(i), 173.185(b)(3)(ii) and (b)(3)(iii), 173.185(b)(5)

Regulation Sections