{"operation":"document","citation":"07-0189","title":"Dangerous Goods Advisory Council — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2008-03-05","effective_on":null,"summary":"07-0189 response to Dangerous Goods Advisory Council concerning 173.159.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-07-0189.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-07-0189.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-07-0189","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2007/070189.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdmlnistration\n1200 New Jersey Avenue, SE\nWashington, D.C. 20590\nMr. Frits Wybenga\nTechnical Director\nDangerous Goods Advisory Council\n1 100 H Street, NW., Suite 740\nWashington, DC 20005\nRef. No. 07-0 189\nDear Mr. Wybenga:\nThis responds to your October 11,2007 email and follow-up telephone conversations\nrequesting clarification of requirements for transport of nonspillable batteries under the\nHazardous Materials Regulations (HMR; 49 CFR Parts 1 7 1 - 1 80). Specifically, you ask\nwhether the \"NONSPILLABLE\" mark on the outside of packaging applies to\nnonspillable batteries shipped separately and also applies to batteries contained in\nequipment. Additionally, you ask whether an \"uninterruptible power supply\" (UPS) is\nconsidered \"equipment\" for purposes of the HMR.\nAs a specific condition of the general exception from the requirements of the HMR under\n8 173.159(d), a nonspillable battery (manufactured after September 30, 1995) and the\nouter packaging containing a nonspillable battery must be plainly and durably marked\n\"NONSPILLABLE\" or \"NONSPILLABLE BATTERY.\" This requirement also applies\nto both a nonspillable battery contained in equipment placed in an outer packaging and a\nnonspillable battery packed with equipment placed in an outer packaging. The marking\nfacilitates the easy identification of a nonspillable battery by carriers, reshippers, and\ncompliance enforcement personnel to know whether the battery being shipped may be\noffered for transportation or transported under the general exception of 8 173.159(d). For\na nonspillable battery contained in equipment and transported without outer packaging,\nthe marking is not required on the outside of the equipment if the nonspillable battery\nmeets the conditions of § 173.159(d).\nWe understand a \"UPS\" to be a device which maintains a continuous supply of electric\npower to equipment, such as a computer or a server. A UPS is typically connected\nbetween a utility power source and the electronic equipment and provides protection\nagainst common utility source problems (e.g., power outages, power surges, etc.). There\nare two general UPS systems: a standby UPS and a continuous UPS. A standby UPS\nsupplies power to electronic equipment from a utility source until a problem occurs, at\nwhich point, the UPS switches to its own power source, often a battery. to supply power\nto the equipment. In a continuous UPS, the electronic equipment is always supplied with\n\n<<<PAGE 2>>>\n\npower from the battery housed in the UPS, which is continuously recharged by the utility\nsource. A battery housed in either type of UPS system does not power the UPS in the\nsame manner as a battery powers an electric wheelchair or a laptop computer. Rather, a\nbattery in a UPS is used to supply electric power to separate equipment. Thus, for\npurposes of the HMR, a UPS is essentially a battery and must be transported using a\nproper shipping name that most appropriately describes the battery type housed in the\nUPS.\nI hope this information is helpful. Please contact us if you require additional assistance.\nSincerely, -\nfi&J TW&)\nEdward T. Mazzullo\nDirector, Ofice of Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\nPage 1 of 1\nDrakeford, Carolyn <PHMSA>\nFrom: Gale, John <PHMSA>\nSent: Thursday, September 27, 2007 1 : 11 PM\nTo: Drakeford, Carolyn <PHMSA>\nCc: DerKinderen, Dirk <PHMSA>\nSubject: FW: Classification of UN 2800 non-spillable batteries contained in eqiupment\n: Frits Wybenga [mailto:fwybenga@dgac.org]\nSent: Thursday, September 27, 2007 11:40 AM\nTo: Gale, John <PHMSA>\nSubject: Classification of UN 2800 non-spillable batteries contained in eqiupment\nJohn - I have been discussing battery issues with one of our members who based on the attention PHMSA has\nbeen placing on batteries of late is doing a comprehensive review of the applicable requirements and their\ntransport practices.\nRegarding nonspillable batteries. Is the requirement to mark \"Nonspillable\" on the outside of the package\nrestricted to batteries shipped separately or does it also apply to batteries in equipment? It has always\nbeen assumed to just apply to batteries transported separately but now that we have all this language for\nlithium batteries covering in equipment and with equipment etc this interpretation is somewhat called into\nquestion. Placing the words \"nonspillable\" on the outside of a 2000 pound package with only one battery\ninside would be a bit of a nonsense. I note that interp letter 98-0228 says something to the effect\nthat 173.159(d) does not apply to a described situation of a battery installed in equipment. That\nwould support the notion that 173.159 only applies to batteries packed separately.\n2. Universal Power Systems. Since UPSs include extensive electronics to monitor power activity\nthey regard them as equipment. Do you agree?\nThanks - Frits","truncated":false,"body_characters":4899}