{"operation":"document","citation":"07-0223","title":"U.S. Battery Manufacturing Company — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2008-03-18","effective_on":null,"summary":"07-0223 response to U.S. Battery Manufacturing Company concerning 176.76.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-07-0223.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-07-0223.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-07-0223","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2007/070223.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety Administration\n1200 New Jersey Avenue, S.E.\nWashington, D.C. 20590\nMAR 1 8 3 3 3\nMr. Terry Campbell\nU.S. Battery Manufacturing Company\n1675 Sampson Avenue\nCorona, CA 92879\nRef. No.: 07-0223\nDear Mr. Campbell:\nThis is in response to your November 13,2007 letter regarding stowage of batteries transported\nby vessel under the Hazardous Materials Regulations (HMR; 49 CFR Parts 17 1 - 1 80).\nSpecifically, you ask if the requirement specified in 5 176.76(a)(6) is satisfied by the use of a\nlevel 1 dunnage air bag.\nIn accordance with 5 176.76(a)(6), any slack spaces between packages must be filled with\ndunnage. The HMR do not specify the type of dunnage required nor, in the event a dunnage air\nbag is used, do the HMR specify the type of air bag. Any suitable air bags may be used as\ndunnage. Under § 176.76(a)(2), all packages in a transport vehicle or freight container must be\nsecured to prevent shifting. If it is your experience that a level 1 air bag will satis@ the\nrequirements in 5 176.76 paragraphs (a)(2) and (6), you may use them to provide dunnage.\nI hope this information is helpful. If you have further questions, please do not hesitate to contact\nthis office.\nHattie L. Mitchell\nChief, Regulatory Review and Reinvention\nOffice of Hazardous Materials Standards\n\n<<<PAGE 2>>>\n\nMr. Edward T. Mazzullo\nDirector, Office of Hazardous Materials Standards\n[J. S. DOTIPHMSA (PHH- 10)\n1200 New Jersey Avenue, SE East Building, 2nd Floor\nWashington, DC 20590\nDear Mr. Mazzullo,\nRecently, during an inspection of one of packed overseas containers, an issue came up that we would\nrespectfully request clarification on.\nU.S. Battery's understanding under CFR 49 sec. 176.76 (a) (6), is that slack spaces between pallets must be\nfilled with dunnage. In order to comply with the regulation, we use a level 1 airbag to fill the space between\nthe pallets of batteries. To date, we have not had one instance of the product shifting during transportation.\nDuring an inspection by the United Sates Coast Guard at the Port of Charleston, we were instructed that a\nlevel 2 bag was required. However no regulation other than \"CFR 49 Sec. 176.76 (a)\" was sited. We can\nfind no correlation between that information and a requirement for a level 2 bag.\nWe understand that a level 2 bag is \"recommended\" for ocean travel, however, we have been successful\nusing the level 1 dunnage air bags for some time now. We currently believe that the regulation is clear and\nthat no \"level requirement\" exists. The space simply has to be filled to prevent shifting for movement\nnormally incident to ocean transportation. Are our assumptions incorrect?\nWe appreciate any assistance your office can provide us in interpreting the regulations.\n1675 Sampson Avenue Corona, CA 92879 (95 1) 37 1-8090 (800) 695-0945 Fax (95 1) 37 1-467 1 1895 Tobacco Road Augusta, GA 30906 653 Industrial Park Drive Evans, GA 30809\n(706) 790-021 8 (800) 522-0945 (706) 868-0533 (888) 81 1-0945\nFax (706) 772-7756 Fax (706) 860-9342\ninternet - http:Nwww.usbattery.com","truncated":false,"body_characters":3108}