Harry E Smith and Associates — Hazardous Materials Safety Interpretation

Page 1-:. U.S. Department of Transportation Vashington, D. 00 Seventh Street, S.W 20590 Speciai Programs Research and Administration NOV 3 0 2001 Ms. Shelly M. Marasco Ref. No. 01-0267 Sales Coordinator Harry E Smith and Associates Box 151, R.D.1 Irwin-Herminie Road Rillton, PA 15678 , Dear Ms. Marasco: This is in response to your October 10, 2001 letter and subsequent telephone conversation with a member of my staff the Hazardous Materials Regulations (HMR; 49 CFR Parts requesting clarification of the provisions in $ 173.220 of 171-180) - contained in a forklift is subject to the HMR. Specifically, you ask if a non-spillable battery The answer is no. A battery powered forklift equipped with a non-spillable forklift contains no other hazardous materials, is not wet electric storage battery, provided the nust be marked "NONSPILLABLE" or "NONSPILLABLE BATTERY," subject to the HMR ($ 173.220 (a)) • A non-spillable battery securely installed, fastened in an upright position, and protected from short circuits when contained in mechanical •equipment. See § 173.159 (d) - I hope this satisfies your request. Sincerely, Damn 73 el's Delmer E. Billings Chief, Standards Development Office of Hazardous Materials Standards 173,220 010267#

Page 2HARRY E Irwin-Herminie Road R.D. 1, Box 151 SMITH Rillton, PA 15678 1-800-336-5438 AND ASSOCIATES, INC FAX: (24) 446-3222 Corbin October 11, 2001 3173.220 Classification Office of Hazardous Materials Transportation Research and Special Programs Administration U.S. Department of Transportation 010267 Washington, D.C. 20590 Dear Sir or Madam: This confirms my understanding of the 10-9-01 conference call discussion with Ben of RSPA Hazardous Material Information Center representative, Susan Camara, Supervisor of Regulatory Compliance for USF Holland and Dana Probasco, Haz-Mat Specialist for R & L Transfer, regarding transportation of our battery powered equipment (see enclosed product literature and operators manual) that my company ships via common carrier. As long as the requirements of 173.220 (c) pertaining to the securement and protection of the installed wet cell batteries are observed, the equipment may be shipped for transportation via common carrier described only as their product trade names and are excepted from all other requirements of the hazardous materials regulations according to 173.220 (e). The installed gel cell batteries are observed as non-regulated material and can be shipped described by their product trade names. comments to 724-446-3222. If I do not receive a written response by October 22, 2001, I will If this is not correct, I can be reached directly at 1-800-336-5438 or you may fax your assume this interpretation is correct. Yours truly, Shee, M. Maraco Shelly Marasco Sales Coordinator Enclosures "We're Lifting the Standard of Service!"#