{"operation":"document","citation":"06-0230","title":"Wiley Rein & Fielding LLP — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2006-10-25","effective_on":null,"summary":"06-0230 response to Wiley Rein & Fielding LLP concerning 172.401, 173.159, 173.303.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0230.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0230.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0230","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2006/060230.pdf","body":"<<<PAGE 1>>>\n\nS. Departmel\nTransportatic\nWashington, D.C. 20590\n400 Seventh Street, S.W.\nPipeline and Hazardous\nMaterials Safety Administration\nOCT 2 5 2006\nMr. George A. Kerchner\nRef. No.: 06-0230\n1776 K Street, NW\nWiley Rein & Fielding LLP\nWashington, DC 20006\nDear Mr. Kerchner:\nThis is in response to your October 2, 2006 letter concerning the transportation of \"Battery fluid,\nacid, 8, UN 2796, PG II\" with dry (new, empty) batteries under the Hazardous Materials\nRegulations (HMR; 49 CFR Parts 171-180). In your letter you describe the following scenario:\n• A dry battery (i.e., a lead acid battery that has not yet been filled with acid) is packaged\nin a fiberboard box that is marked and labeled for a corrosive material.\n• A bottle containing battery fluid, acid (UN2796) renamed \"Consumer commodity\" and\nreclassed \"ORM-D\" in accordance with § 173.154(b) and (c) and is packaged in a 4G\nfiberboard box that is properly marked in accordance with §§ 172.312 and 172.316.\n• These two packages are overpacked in a larger fiberboard box that is marked with\norientation arrows and \"Consumer commodity, ORM-D.\"\nSpecifically, you ask if the package containing the dry battery, which is a non-hazardous\nmaterial, may remain marked and labeled as a corrosive material if it is overpacked in a way that\nthe corrosive markings and labels are not visible during transportation.\nThe answer is yes, provided the packaging containing the dry battery is transported in such a\nlarger fiberboard box), and is loaded by the shipper and unloaded by the shipper or consigner\nnanner that the markings and label are not visible during transportation (e.g., overpacked in\n(see §§ 172.303(b) and 172.401(d)).\nI hope this information is helpful. If you have further questions, please do not hesitate to contact\nthis office.\nSincerely.\nHattie L. Mitchell\nOffice of Hazardous Materials Standards\nChief, Regulatory Review and Reinvention\n173.159(€)\n113.303 b)\n060230\n172.4016)\n\n<<<PAGE 2>>>\n\nWRF, LLP FAX CTR\nFax: 202-719-7049\nOct 6. 2006\n17:20\nP. 02\nPollack\nWiley Rein & Fielding LLP\n$173.159 (e)\nBatteries\n08-8230\nWASHINGTON, OC 20006\n1776K STREET NW\nOctober 4, 2006\n202.719.4109\nGeorge Kerchner\ngkerchner@wrf.com\n: 202.719.7049.\nYES DOES BRANCH DAVE\nMr. Edward Mazzullo\nMCLEAN, VA 22102\nSUITE 6200\nU.S. Department of Transportation\nPipeline and Hazardous Materials Safety Administration\nPAX\nPHONE\n703.905.2800\n400 7' Street, SW\n703.905.2820\nWashington, DC 20590\nwww.wrt.com\nRe: Request for Interpretation\nDear Mr. Mazzullo:\ncertain lead acid battery products classified as Consumer Commodities.\nI am writing to request an interpretation on the requirements for shipping\nThe U.S. DOT agreed in 2004 that certain lead acid battery products may be\nproducts consist of battery electrolyte in a plastic container of less than 1 liter that\nshipped as a Consumer Commodities. (See DOT letter Ref. No. 04.01.50.) Those\n\"fresh packs\" and are used in motorcycles, ATVs, snow mobiles, etc. For years the\nare packed with a dry lead acid battery. These products are commonly referred to as\nmanufacturers and distributors are now reclassifying and offering these as\nbattery industry shipped these as Class 8 Corrosive hazardous materials but more\nConsumer Commodities.\nDuring the transition from Class & Corrosive to Consumer Commodity a\nsignificant amount of changes to the fresh pack packaging is required. As a result,\nthe question I have pertains to the following packaging scheme:\n1. A fresh pack retail box (containing a 1 liter plastic container of battery\nelectrolyte and a dry lead acid battery) is marked, labeled, and packed as\na Class 8 Corrosive hazardous material.\n2.\nIn order to take advantage of the Consumer Commodity reclassification,\na distributor would like to repackage the fresh pack as follows:\na. Remove the 1 liter of battery electrolyte from the ietail box and\nplace it in a 4G fiberboard box that will be marked with the\nConsumer Commodity/ORM-D markings and orientation arrows;\nb. Leave the dry lead acid battery in the retail box thạt will remain\nmarked and labeled as a Class 8 Corrosive hazardous material;\nc. The battery electrolyte (marked as Consumer Commodity) and\ndry lead battery (marked and labeled as Class 8. Corrosive) will\nthen be placed in an overpack that is marked Consumer\nCommodity/ORM-D.\n\n<<<PAGE 3>>>\n\nWRF, LLP FAX CTR\nFax: 202-719-7049\nOct 6 2006 17:21\nP. 03\nWiley Rein & Fielding uP\nOctober 4, 2006\nPage 2\nwithout battery electrolyte are not regulated as Class 8 Corrosive hazardous\nIt is very important to recognize that dry lead acid batteries shipped\nmaterials.\ndescribed in paragraph 1.c. above. Can a dry lead acid battery that is rarked and\nMy question pertains to the packaging, marking, and labeling scenario as\nthat is marked and packed as a Consumer Commodity be placed separately in an\nlabeled as a Class 8 Corrosive hazardous material and a liter of Battery fluid, acid\nthe appropriate Consumer Commodity/ORM-D and orientation arrow markings on\noverpack and then offered for transportation as a Consumer Commodity (with only\nthe overpack)?\nThank you for your assistance.\nSincerely,\nGeorge A. Kerchiner\nGeorge A. Kerchiner.","truncated":false,"body_characters":5153}