{"operation":"document","citation":"04-0150","title":"The CapAnalysis Group, LLC — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2004-07-09","effective_on":null,"summary":"04-0150 response to The CapAnalysis Group, LLC concerning 173.154, 173.159.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0150.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0150.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0150","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2004/040150.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\n400 Seventh St., S.W.\nWashington, D.C. 20590\nSpecial Programs\nResearch and\nAdministration\nJUL - 9 2004\nMr. George Kerchner\nRef. No.: 04-0150\nManager-Environmental & Transportation\nConsulting\nThe CapAnalysis Group, LLC\n1299 Pennsylvania Ave., NW\nWashington, DC 2004-2402\nDear Mr. Kerchner:\nThis responds to your e-mail and our subsequent meeting with you and representatives from the\nbattery industry concerning the transportation of \"Battery fluid, acid, 8, UN 2796, PG II\" with\ndry (new, empty) batteries under the Hazardous Materials Regulations (HMR; 49 CFR parts 171-\nYour questions are paraphrased and answered below:\nQ1. May \"Battery fluid, acid, 8, UN 2796, PG II\" be offered as a limited quantity when\npacked in a combination packaging conforming to the PG II performance requirements and\nfurther overpacked (including shrink-wrapped) with a dry battery in accordance with § 173.25?\nAl. The answer is yes, provided the limited quantity provisions in § 173.154 are met.\nSection 173.154(b)(i) limits the net capacity in each inner packaging to a maximum of 1 L (0.3\ngal) for Class 8, PG II liquids. The limited quantity package may be overpacked, including\nshrink wrapped, with the dry battery in accordance with the provisions in § 173.25. Limited\nquantity shipments are excepted from specification packaging when packaged in a combination\npackaging according to §173.154.\nA limited quantity which conforms to the provisions of §173.154(b) and is a \"consumer\ncommodity\" as defined in §171.8 may be renamed \"Consumer commodity\" and reclassed as\n\"ORM-D\". The Consumer commodity package containing the battery fluid, acid may be\noverpacked with the dry battery in accordance with § 173.25. Under the limited quantity and the\nconsumer commodity provisions, the battery fluid and the dry battery may not be packaged\ntogether in the same outer combination packaging.\nShould the battery fluid and the dry battery be packaged together in the same outer\ncombination package, the provisions of § 173.159 (g) or (h) apply. See Special provision N6.\nQ2. Regarding the sample brown 4G fiberboard box imprinted with the Class 8\n(corrosive) label, is the label in conformance with the HMR?\n173.159\n040150\n173.154\n\n<<<PAGE 2>>>\n\nA2. The answer is no. The background of a Class 8 label is required to be white in the\ntop half and black in the lower half. \"White\" as defined by the American College Dictionary is an\nachromatic color of maximum lightness; as new snow. Further alterations to the symbol, such as\nthe speckles shown on the hand depicted on the label, are not authorized. See § 172.407(b)(1).\nQ3. Is it permissible to transport \"Batteries, wet, filled with acid, 8, UN 2794, PG III\"\nand \"Battery fluid, acid, 8, UN 2796, PG II\" on the same transport vehicle under the provisions\nin $ 173.159(e)?\nA3. The answer is no. Electric storage batteries containing electrolyte or corrosive\nbattery fluid are excepted from the HMR when transported in accordance with the provisions\nspecified in § 173.159(e). The condition specified in § 173.159(e)(1) states that no other\nhazardous materials may be transported on the same vehicle. Therefore, with the exception of the\nbatteries, no hazardous materials, including corrosive battery fluid, may be transported on the\nQ4. Section 178.601(g) describes selective testing of packagings that differ only in\nreduce the size or the number of the inner packagings in accordance with Variation 1 without\nminor respects from the tested packaging. If we have a tested combination package, can we\nfurther testing? Similarly, if we have a tested combination package, can we reduce the size of the\nexternal packaging in accordance with Variation 4 without further testing?\nA4. The answer to both questions is yes. As provided by § 178.601(g)(1), variations are\nof performance is maintained. Variation 1 may be applied to allow the substitution of smaller\npermitted in the inner and outer packagings without further testing, provided an equivalent level\ninner containers of similar design and Variation 4 to allow a reduction in the external dimensions\nof a tested outer container. The new package cannot exceed the gross weight (combined weight\nof package and contents) of the originally tested package design.\nI trust this satisfies your request. If we can be of further assistance, please do not hesitate to\ncontact me.\nSincerely,\nHothe R. mithel\nHattie L. Mitchell\nChief, Regulatory Review and Reinvention\nOffice of Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\nCorbin\nThe Captina yes Group Lle\nScenario No. 1\n1299 Pennsylvania Ave., Nu\n8173.159\nWashingfon, D& Shipping Battery fluid, acid (UN 2796)\n8173.154\n(202) 383-7163\n200042402\nBatteries\n1. Shipping as Class 8 haz mat: Confirm UN markings for combination packaging and single 04-015,\npackaging pursuant to 49 CFR 173.202\nExamples:\ni. Combination - UN/4G/Y10/S/02/USA/+BK0023\nii. Single - UN/6HA2/Y1.7/15/02/USA/+BK0023\n2. Question: Does Battery fluid, acid qualify for both limited quantity and ORM-D exceptions?\n(See interpretation letter.)\ni. Limited Quantities: 49 CFR 173.154 (b)(1)\n- No labeling, UN certified packaging, and placard\nii. ORM-D: 49 CFR 173.154(c) and 173.156\n- No labeling, UN certified packaging, shipping papers, and placard\n3. Question: Are the marking requirements for limited quantities and ORM-D noted on the\nattached correct?\nScenario No. 2\nShipping Battery fluid, acid w/ Dry (Storage) Battery (UN 2796)\nPursuant to 173.159 (g)(3) or 173.159(h) and Special Provision N6\nBased on interpretation letters issued by RSPA to Yuasa (see attached), RSPA asserts UN\ncertified packaging is required when shipping Battery fluid, acid with storage batteries and\ncannot be shipped as limited quantity. This of course implies that it can only be shipped as Class\n8 hazardous material.\n1. Question: Can Battery fluid, acid be packaged in UN certified packaging, dry battery\npackaged in non-UN certified packaging, and then the entire contents placed in overpack\n(including shrink-wrap) pursuant to 49 CFR 173.25? The overpack would comply with all\nClass 8 marking and labeling requirements.\nOr\n2. Question: Must Battery fluid, acid and storage battery be placed in UN certified outer\npackaging that would include the use of combination packaging?\n\n<<<PAGE 4>>>\n\nScenario No. 3\nShipping Battery fluid, acid w/ Dry (Storage) Battery\nas Limited Quantities or ORM-D\n1. Question: Can Battery fluid, acid be packaged in UN-certified packaging, battery packaged\nin non UN-certified packaging, and then the entire contents placed in overpack and shipped\nas Limited Quantity or ORM-D? The overpack would comply with marking requirement in\n49 CFR 173.25: That is,\n, \"Inner packages comply with all prescribed specifications.\"\nMiscellaneous Question\n1. Can Battery fluid, acid be shipped in the U.S. using a smaller label than normally required\nunder the HMR, and labeled pursuant to the exception in 49 CFR § 172.407(f)?\n49 CFR § 172.407(f) contains exceptions to the labeling requirements provided the shipper\ncomplies with the specification requirements in the UN Recommendations. (See Part 5, Chapter\n5.2 of the UN Recommendations.)\n2\n\n<<<PAGE 5>>>\n\nLIMITED QUANTITY\nFrom:\nABC Company\nTo:\n123 East Street\nXYZ Company\n123 West Street\nAnvihere. USA\nSomewhere, USA\nUN 2796\nORM-D MATERIALS\nFrom:\n123 East Street\nABC Company\nXYZ Company\nTo:\nAnvwhere. USA\n123 West Street\nSomewhere, USA\nBattery fluid, acid\nORM-D","truncated":false,"body_characters":7447}