{"operation":"document","citation":"00-0116","title":"CBS News — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2000-06-13","effective_on":null,"summary":"00-0116 response to CBS News concerning 173.159.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-00-0116.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-00-0116.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-00-0116","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2000/000116.pdf","body":"<<<PAGE 1>>>\n\n=\nU.S. Department\nof Transportation\nWashington, D.C.\nSpecial Programs\nResearch and\nAdministration\nJUN 1 3 2000\nMr. Huxley Galbraith\nRef. No. 00-0116\nCamera Department\nCBS News\n524 West 57th Street\nNew York, NY 10019\nDear Mr. Galbraith:\nThis is in response to your letter dated April 19, 2000, and subsequent telephone conversation with\nEric Nelson of our staff regarding the transportation of dry cell camera batteries under the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask whether nickel cadmium\nand nickel metal hydride camera batteries are subject to the HMR, in particular when transported by\naircraft.\nThe answer is no. Special provision 130 in § 172,102 excepts \"Batteries, dry, not subject to the\nrequirements of this subchapter\" from regulation when they are offered for transportation in a manner.\nthat prevents the dangerous evolution of heat (for example, by effective insulation of exposed terminals)\nThe HMR contains an overriding provision in § 173.21, Forbidden materials and packages.\nMaterials forbidden by § 173.21 may not be offered for transportation, or transported in commerce.\nThis section extends the forbidden designation beyond materials specifically identified in the Hazardous\nMaterials Table or elsewhere in the HMR, to various additional general categories including electrical\ndevices which are likely to create sparks or generate a dangerous quantity of heat, unless packaged in a\nmanner which precludes such an occurrence.\nAny electrical device, even one not otherwise subject to the HMR (either by specific exception from\nthe HMR, or because the device and its power source contains no material meeting the definition of a\nhazardous material), is forbidden from being offered for transportation, or transported, if the device is\nlikely to produce sparks or a dangerous quantity of heat.\nI hope this satisfies your request.\nSincerely,\nDelmer F. Billings\nChief, Standards Development\nOffice of Hazardous Materials Standards\n173.159\n000116\n\n<<<PAGE 2>>>\n\n'''''\".\nnelson\n$173.159\n00 - 0116\nCBS\nCBS News\nCamera Department\now York, New York 1001\n24 Weal 57 Stres\nITuxley Galbraith\n(212) 975-4921\n524 West 57 St.\nN.X., N.Y. 10019\nPhone: 212-975-5501\nFax: 212-975-7619\n4/19/00\nMr. Edward Mazzullo\nDirector\nOffice of Hazardous Materials Standards\nUS-DOT-RSPA\nMr. Mazzillo,\nI am requesting a letter of clarification indicating that \"nickel-cadinium\" batteries\nare considered dry cell batteries and thus are not subject to any of the requirements of the\nHazardous Materials Regulations for the transportation of dangerous materials.\nRecently one of our news crews was required to fill out two dangerous goods\nforms for American Airlines when they were boarding a plane in New Orleans. The\ncamerapcrson was asked to complete one form in order to transport the camera mounted battery\nas a carry on item and a second form to ship the remaining batterics with check-in baggage. He\nwas told that batterics are considered dangerous goods and are subject to regulation.\nI would like to have some documentation to show the airlines that the nicad\nbatteries we use are considered dry batteries and not subject to this regulation. As you may know\nwe power our news gathering cameras with nicad batteries manufactured by Anton Bauer. We\nnormally have one ballery mounled on the camera which is hand carried onto the plane and we\nship spare batteries with the rest of our equipment as check-in baggage. A letter from you will\ncerlainly help ease the process of explaining to an airline representative that nicad batteries are\nnot subject to this regulation. There is a new battery type out that is made of Nickel Metal\nHydride. Would you let me know if this type of battery is subject to regulation also?\nSincerely,\nFluxicy Galbraith","truncated":false,"body_characters":3796}