{"operation":"document","citation":"00-0139","title":"U. S. Department of Transportation — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2000-05-18","effective_on":null,"summary":"00-0139 response to U. S. Department of Transportation concerning 172.407.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-00-0139.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-00-0139.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-00-0139","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2000/000139.pdf","body":"<<<PAGE 1>>>\n\n1.5. Departmen\nof Transportation\n400 Seventh Street, S.W.\nWashington, D.C\n20590\ndministratic\nMAY 1 8 2000\nMr. Kent D. Fleming\nRef. No. 00-0139\nFederal Motor Carrier Safety Administration\nU.S. Department of Transportation\n105 Sixth Street\nAmes, Iowa 50010-6337\nDear Mr. Fleming:\nThis is in response to your letter dated April 20, 2000, requesting clarification of the\nrequirements for the display of a hazard warning label on a non-spillable wet battery. As shown\nin your enclosed photographs, the battery displays a reduced size CORROSIVE label,\napproximately 1.5 inches on each side. You asked if the reduced size label is in compliance\nwith the provisions of § 172.407(c), especially taking into account the exception from\nregulations, including labeling, provided for batteries in § 173.159(d).\nThe reduced size label on the battery as shown in the photographs does not comply with the\nrequirements in § 172.407(c). Even though § 173.159(d) provides a complete exception from the\nHMR under specified conditions, if the shipper attempts to comply with a portion of the HMR\nthey must do so in compliance with that specific requirement. Since the shipper labeled the\nbattery, the label must comply with the specifications in § 172.407(c), which states that a hazard\nwarning label must be at least 100 mm (3.9 inches) on each side.\nI hope this information is helpful.\nSincerely,\nDelmer F. Billings\nChief, Standards Development\nOffice of Hazardous Materials Standards\n172.407\n000139\n\n<<<PAGE 2>>>\n\nBillings\n$172.40\nI.S. Departmen\nf Transportatio\n105 Sixth Street\nAmes, Iowa 50010-6337\nSakey Anion alien\n00-0139\nApril 20, 2000\nDel Billings DHM-11\nResearch and Special Programs Administration\nOffice of Hazardous Materials Standards\nWashington, DC 20590\nDear Mr, Bittings:\nRecently it was discovered during a dock inspection that a company was offering into\ntransportation Batteries, wet, non-spillable, 8, UN2800, PG II, without the proper size hazardous\nmaterials label. The labels used are approximately 1.5 inches. The enclosed photograph shows\nthe battery with the label. The ball point pen next to the label is 5.5 inches from tip to tip.\nThe label is accurate. However, it does not meet the required size of 49 CFR 172.407 (c).\n49 CFR 173.159 (d) allows certain exceptions from the regulations if the conditions of the\nsection are met.\nOur question is if the original shipper of the battery was able too met the requirements in 49 CFR\n173.159 (d) and choose to place the hazardous materials label on the package, even when it is not\nrequired, would they be in violation of 49 CFR 172.407 (c) for the size of the label.\nThis becomes an important issue when the package is offered into transportation by other\nshippers that are not able to use 49 CFR 172.159 (d) and rely on the existing labels placed on the\npackage by the original offer.\nWe have an enforcement case pending on the guidance that we will receive from your office.\nSincerely,\nCutter 77 ernes\nAn Kent D. Fleming","truncated":false,"body_characters":2991}