Nefab, Inc. — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department Washington, D.C. 20590 400 Seventh St., S.W. Special Programs Research and Administration OCT 26 2001 Mr. Thomas D. Kusek Ref. No. 01-0205 Nefab, Inc. 26435 Springland Drive Farmington Hills, MI 48334 Dear Mr. Kusek: This responds to your August 9, 2001 letter requesting clarification on § 173.159(c)(1) of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask whether you may ship alkali batteries under the provisions of § 173.159(c)(1) via rail, highway or vessel. According to your letter, you are shipping 16 individual alkali batteries in a bag with molded foam pads in place between and on top of the batteries packed in a wooden package which weighs less than 800 pounds. The molded foam pads protect the terminals as well as prevent any void space in the package. It is your understanding that provisions in § 173.159(c)(1) allow you to ship these batteries by rail, highway, or vessel within the United States as long as your package can pass a compression test of two times the weight of the package with the batteries, or 1600 pounds. Provided all provisions in § 173.159(c)(1) are met, your understanding is correct. I hope this answers your inquiry. Sincerely, She 76,050 Delmer F. Billings Chief, Standards Development Office of Hazardous Materials Standards 010205 -#

Page 209 01 01:38p Kusek 248-478-8834 p.l Boothe 173.159 (e) NEFAB Batterres 01 - 0205 Fax Date: 8/9/01 To: Mr. Edward T. Mazullo From: Thomas D. Kusek Diretor Office of Hazardous Materials Nefab, Inc. U.S. DOT/RSPA (ĐMH-10) 400 7% Street S.W. Washington, D.C. 20590-0001 Fax: 202-366-3012 Pages: 1 Dear Mr. Mazullo: In reading CFR 173.159 (c), I am interpreting this subpart to be or statements not and statements. We have a wood package containing 16 individual alkali batteries in a bag with foam The total package weighs less than 800 Ib. Using Subpart (c) 1 we are assuming that we can ship these batteries via rail, highway, or sea within the United States as long as our package can pass a compression test of two times the weight of the package with the batteries, 1600 Ib. Would you please let us know in writing whether we have interpreted CFR 173.159 (c) properly eply by fax including the detail as specified. Our fax number is 248-478-8834 nd whether it is legal to ship the batteries as I have described above. We would appreciate Thank you for your help, Sincer Dhusk Thomas I. Kusek NEFAB, INC. • 26435 SPRINGLAND DRIVE • FARMINGTON HILLS, Mj 48334 • PHONE: (248) 478-8569 • FAX: (248) 478-8834 internet: http://www.nefab.com • E-Mail: tom.kusek@nefab.com#