{"operation":"document","citation":"09-0296","title":"Mansfield Consultants HK Ltd. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2010-12-14","effective_on":null,"summary":"09-0296 response to Mansfield Consultants HK Ltd. concerning 172.316, 173.154.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0296.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0296.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0296","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2009/090296.pdf","body":"<<>>\n\nU.S. Department of Transportation 1200 New Jersey Ave, SE\nWashington, D.C. 20590\nPipeline and Hazardous Materials\nSafety Administration\nDEC 142010\nMr. Jeffrey Mansfield\nMansfield Consultants HK Ltd.\nUnit 601 Bupa Centre\n141 Connaught Road W.\nHong Kong\nReference No. 09-0296\nDear Mr. Mansfield:\nThis is in response to your inquiry requesting clarification of the Hazardous Materials\nRegulations (HMR; 49 CFR Parts 171-180) applicable to the packaging, marking and labeling of\na package containing a dry motorcycle battery, which has not been filled with acid, and a bottle\ncontaining lead battery acid. You asked about requirements for transporting the package as a\nConsumer commodity, ORM-D material and submitted photographs of various packagings,\nasking which are authorized for transporting consumer commodities. Specifically, you asked\nwhether the Box 4 overpack in your attachment must have a corrosive label displayed and\nwhether the Box 5 overpack must have \"Consumer commodity,\" \"ORM-D\" and \"Overpack\"\nmarkings displayed.\nYou do not state the proper shipping name and hazard class of your product in your letter.\nHowever, to determine whether your product may be renamed \"Consumer commodity\" and\nreclassed as ORM-D, the packaging exception section referenced in Column (8A) of the\n§ 172.101 Hazardous Materials Table (HMT) for the specific material must reference a\npackaging section that authorizes the shipment to be transported as a Consumer commodity,\nORM-D material (such as § 173.154). The product must be packaged for shipment in\naccordance with the limited quantity provisions for the appropriate packing group in that\nreferenced section. Additionally, the product must meet the definition for consumer commodity\nin § 171.8 and otherwise meet the provisions in the applicable, referenced exception section in\nColumn (8A) of the HMT. Consumer commodities are excepted from specification packagings,\nbut must be packaged in strong outer packagings.\nThe Box 4 overpack has the correct markings for Consumer commodity, ORM-D materials\nprovided the markings meet the specifications in § 172.316. Section 172.316 specifies that nonbulk\npackages containing Consumer commodity, ORM-D materials must be marked on at least\none side or end with \"ORM-D\" immediately following or below the proper shipping name\n\"Consumer commodity.\" The ORM designation must be placed within a rectangle that is\napproximately 6.3 mm (0.25 inches) larger on each side than the \"ORM-D\" marking.\n\n<<>>\n\nA corrosive label, initial proper shipping name (\"Battery acid\") and UN number are not required\nto be displayed on packagings of materials that have been renamed \"Consumer commodity\" and\nreclassed as \"ORM-D\" (see § 173. 154(b)). Note that § 172.316(a)(1) requires packages\ncontaining consumer commodities that are prepared for air shipment and packaged in accordance\nwith the provisions of § 173.27 to be marked with \"ORM-D-AIR\" on the outer packages.\nAlso applicable to Box 4, \"Overpack\" is not a required marking when specification packages are\nnot required (see § 173.25(a)(4)). Limited quantity shipments are excepted from specification\npackagings when packaged in a combination packaging as specified in § 173.154. Section\n173.154(b)(1) and (b)(2) limit the net capacity in each inner packaging to a maximum of 1 L (0.3\ngal) for Class 8, Packing Group II liquids and 5.0 L (1.3 gallons) for Packing Group III liquids.\nThe inner packages must be packed in strong outer packagings. Provided the limited quantity\nprovisions in § 173.154 are met, the limited quantity package may be overpacked with the dry\nbattery in accordance with the provisions in § 173.25.\nThe markings on Box 5 are not correct for a shipment of Consumer commodity, ORM-D\nmaterials. For this package to be in compliance with the HMR to transport a consumer\ncommodity material, the overpack must be marked with \"Consumer commodity, ORM-D\" in\naccordance with § 173.316, as described for Box 4.\nI hope this information is helpful. Please contact this office if you have additional questions.\nSincerely, ~\n~p>>\n\nPage 1 of2\nDrakeford, Carolyn (PHMSA)\nFrom: INFOCNTR (PHMSA) MeIvt-hjr~\nTo: Drakeford, Carolyn (PHMSA)\nSent: Monday, December 07,20098:31 AM .:g111.. ·tol\nSubject: FW: DOT - c/o Edward Mazzullo § 113 * 16.'-t\nAttachments: ExhibitA.pdf App /1 e(;('bd 1:5\nFrom: Jeffrey Mansfield [mailto:jhcmansfield@gmail.com]\nSent: Monday, December 07,20095:41 AM To: PHMSA HM InfoCenter\nOq-():Lq&\nSubject: DOT - c/o Edward Mazzullo\nDecember 7, 2009\nMr. Edward Mazzullo\nPipeline and Hazardous Materials Safety Administration\nU.S. Department of Transportation\n1200 New Jersey Avenue SE\nWashington, D.C. 20590-0001\nOffice of Hazardous Materials Standards PHH-I0\n1-202 366 8553 Phone\n1-2023667435 Fax\nRe: Request for interpretation ofpackaging and labeling requirements for fresh pack lead acid\nmotorcycle battery products.\nDear Mr. Mazzullo,\nWe are writing you to request a letter of Department of Transportation's (DOT's) interpretation ofthe\npackaging and marking requirements of certain lead acid motorcycle battery products classified as\nConsumer Commodities.\nSpecifically, we are focused on determining the appropriate markings for packaging a dry motorcycle\nbattery (that has not yet been filled with acid) and a bottle containing battery acid. The battery acid\nbottle is placed in a box. The dry battery and the acid bottlelbox (\"fresh pack\") are overpacked in a\nlarger box. Please see Exhibit A for photographs and specific labels.\nOur question is which box (4 or 5) shown in Exhibit A is appropriately labeled according to DOT\nrequirements?\nBox 4 does not have the 4-inch \"Corrosive\" class 8 label. Does it need this label to meet DOT\nrequirements?\nBox 5 does not have a Consumer Commodity \"ORM-D\" label and does not have an \"Overpack\" label.\nDoes Box 5 need these two labels along with the 4-inch \"Corrosive\" class 8 label to meet DOT\nrequirements?\n12/7/2009\n\n<<>>\n\nPage 2 of2\nThank you in advance for your guidance and assistance.\nSincerely,\nJeffrey Mansfield\nMansfield Consultants HK Ltd.\nemail: jhcman~fi~14@waiLcQm\n12/7/2009","truncated":false,"body_characters":6231}