{"operation":"document","citation":"11-0125","title":"Mr. Hank Sheller — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2011-06-29","effective_on":null,"summary":"11-0125 concerning 172.101.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0125.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0125.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0125","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2011/110125.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department 1200 New Jersey Avenue SE\nof Transportation Washington. DC 20590\nPipeline and Hazardous JUN 29 2011\nMaterials Safety\nAdministration\nMr. Hank Sheller\n9707 63 rd Rd, #110\nRego Park, NY 11374\nReference No. 11-0125\nDear Mr. Sheller:\nThis responds to your May 13,2011 letter requesting clarification of the requirements of\nthe Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) for the shipment of a\n9-volt alkaline battery packaged as part of a kit. The battery is shrink-wrapped and then\nplaced in the kit adjacent to other items. You request confinnation that the kit described\nin your letter may be transported to and within the United States by all modes of\ntransportation.\nDry batteries (i.e., \"Batteries, dry, sealed, n.o.s\" as listed in the §172.1 0 1 Hazardous\nMaterials Table) such as the alkaline battery illustrated in your letter are subject only to\nthe requirements outlined in § 172.102, Special provision 130 of the HMR. The\nrequirements include: (1) incident reporting; and (2) preparation and packaging of the\nbattery to prevent a dangerous evolution of heat, short circuit, and damage to tenninal(s).\nShrink-wrapping the battery is an acceptable method of preparing the battery for\nshipment. We also suggest placing the battery in the kit so that it is separated from\nconductive material contained in the package (e.g., the allen wrenches). Ifthe battery is\nalso packaged in a manner to prevent damage to the tenninal, then we consider the kit\nacceptable for hazardous material transportation without further requirements. We\nrecommend you review § 172.102, Special Provision 130 to familiarize yourself with the\ncomplete requirements and we have enclosed a copy of a guide for shipping batteries\nsafely, Shipping Batteries Safely by Air; What You Need to Know to aid your\nunderstanding of shipping all battery types including alkaline.\nI trust this satisfies your inquiry. Please contact us ifwe can be of further assistance.\nSincerely,\n~-<~\nBen Supko\nChief, Standards Development Branch\nStandards and Rulemaking Division\nEnclosure: Shipping Batteries Safely by Air; What You Need to Know\n\n<<<PAGE 2>>>\n\nMay 13,2011\n97-07 63rd Rd #11D Rego Park, NY 1:1374 per k,ndereY)\nZ317Z, 101\n~ 173. 185\n~ 1.75· } 0\nL:'\\--h ltAvY\\. t3a..-IJ.cn'es\nI 1-0 IZ5\nU.S. Department of Transportation\nPipeline and Hazardous Materials Safety Administration\n1200 New Jersey Avenue, SE, PHH-50\nWashington, DC 20590-0001\nDear Friends:\nI am Director of product development and sourcing for a small manufacturing and distribution\ncompany in New York. We are developing a product called \"Electric Guitar Essentials Kit\". This\nkit will consist of a small (11\" L x 5\" W xl\" H) plastic box with a lid and an assortment of items\ninside. For your reference, here is a complete list ofthe items inside the kit:\n- One 9V Energizer battery\n- Set of 15 Allen wrenches\n- One pair offoam earplugs\n- 10 plastic guitar picks\n- One polishing cloth\n- 18 nylon cable ties\n- One plastic string winder\n- One 6\" instrument cable\n- One wire cutter\n- One set of electric guitar strings\nAll of the items will be purchased in bulk from different suppliers in China, shipped to a central\npackaging location within China, and placed into the kit box on an assembly line. Next, the kit\nbox will be sealed in plastic shrink-wrap, labeled, and packed into shipping cartons. The product\nwill ship from China to the U.S. both by air and by ocean. Destination ports will be Port of\nNYINJ and Kennedy Airport. l\nThe 9V battery will be shrink-wrapped as shown in these pictures:\n\n<<<PAGE 3>>>\n\nWithin the kit box it is possible that the 9V battery will be adjacent to one or more ofthe other\nitems in the kit.\nBased on the information I have provided I am hoping you are able to confirm that we can\nlegally and safely ship these kits with the 9V batteries inside them, both into the U.S. from\noverseas and also within the U.S., and by all modes of transportation including plane, boat,\ntrain and truck.\nPlease confirm whether or not this will not be a problem, and let me know if any special marks,\ntests, or certifications will be required. Please also cite any relevant laws or regulations that limit\nor restrict us from packaging and shipping the batteries as I have described in this letter.\nPlease let me know if you need any additional information or materials to make a determination\nand reply to this inquiry.\nIn the interest convenience and to save time, please feel free to respond via email or telephone.\nThank you in advance for your prompt attention in this matter.\nSincerely,\nHank Sheller\nRego Park, NY\n347-400-6607\nHanksheller@Yahoo.com","truncated":false,"body_characters":4643}