{"operation":"document","citation":"02-0297","title":"Southwest Airlines Company — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2003-03-06","effective_on":null,"summary":"02-0297 response to Southwest Airlines Company concerning 173.159.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-02-0297.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-02-0297.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-02-0297","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2002/020297.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\n400 Seventh St., S.W.\nWashington, D.C. 20590\nSpecial Programs\nResearch and\nAdministration\nMAR - 6 2003\nMr. John Andrus\nManager of Transportation Safety and Procedures\nRef No. 02-0297\nSouthwest Airlines Company\nP.O. Box 36611\nDallas, Texas 75235-1611\nDear Mr. Andrus:\nThis is in response to your November 19, 2002 letter requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to nonspillable wet cell batteries.\nSpecifically, you request marking and packaging requirements for equipment with installed nonspillable\nbatteries transported aboard passenger aircraft. Your questions are paraphrased and addressed as\nfollows:\nQ1.\nIs the outer packaging of equipment installed with nonspillable batteries required to be marked\n\"NONSPILLABLE\" or \"NONSPILLABLE BATTERY\" and otherwise meet the requirement\nof § 173.159(d)?\nAl.\nYes. Section 173.159(d)(2) requires each nonspillable battery and its outer packaging to be\nplainly and durably marked \"NONSPILLABLE\" or \"NONSPILLABLE BATTERY\" if the\nbattery was manufactured after September 30, 1995. If a product contains a nonspillable\npackaging must be marked either \"NONSPILLABLE\" or \"NONSPILLABLE BATTERY.\"\nbattery and is placed in an outer packaging (e.g., fiberboard box), the battery and the outer\nNonspillable batteries must be protected against short circuits, securely packaged and capable\nof withstanding the vibration and pressure differential tests without leakage of battery fluid from\nthe battery.\nQ2.\nMust equipment that contains a nonspillable battery that is securely attached to the equipment,\nprotected from short circuits and marked as a nonspillable battery, but offered as baggage\nwithout an outer package, be placed in an outer package marked \"NONSPILLABLE \" or\n\"NONSPILLABLE BATTERY\" or could it be accepted without further packaging? A two-\nwheeled electric scooter is cited as an example.\nA2.\nProvided the battery is protected against short circuits, securely packaged, plainly and durably\nmarked \"NONSPILLABLE\" or \"NONSPILLABLE BATTERY\" and is capable of\nwithstanding the vibration and pressure differential tests found in § 173.159(d)(3), further\n173.159\n020297\n\n<<<PAGE 2>>>\n\npackaging would not be required. Similar vibration and pressure differential test criteria are\ncontained in the International Civil Aviation Organization's (ICAO) Technical Instructions for\ninternational air. Special Provision A67 of the ICAO Technical Instructions requires that a\ntemperature of 55' degrees C. be used to determine whether the electrolyte will flow from a\nruptured or cracked case.\nI hope this information is helpful. If we can be of further assistance, do not hesitate to contact us.\nSincerely,\nChief, Standards Development\nOffice of Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\nSOUTHWEST AIRLINES CO.\nCommAnde Safety\nTexas\nNovember 19, 2002\nMr. Edward T. Mazzullo\nDirector, Office of Hazardous Materials Standards\nU.S. DOT/RSPA (DHM-10)\n400 7th Street S. W.\nWashington, D.C. 20590-0001\nDear Mr. Mazzullo:\nI am writing to obtain clarification regarding the transportation aboard passenger aircraft\nof equipment with an installed nonspillable wet cell battery.\n173.159 (d) clearly sets forth the requirements for nonspillable batteries being shipped\nalone, but I remain uncertain about package marking requirements for equipment with\ninstalled nonspillable batteries.\nIs the outer packaging of equipment with installed nonspillable batteries required to be\nmarked \" nonspillable\" or \" nonspillable battery\" and otherwise meet the requirements\nof 173.159(d)?\nThe second scenario is for equipment that contains a nonspillable battery that is securely\nattached to the equipment, protected from short circuit and marked as a nonspillable\nbattery, but offered to be checked as baggage without an outer package. An example\nwould be a 2 wheeled electric scooter. Must this device be placed in an outer package\nmarked \" nonspillable\" or \" nonspillable battery\" or could it be accepted without further\npackaging?\nThank you for your assistance with this matter. Please contact me at (214) 792-6201 if\nyou have questions or require clarification.\nSincerely,\n1l Ca\nohn Andru\nManager of Transportation Safety and Procedures","truncated":false,"body_characters":4265}