{"operation":"document","citation":"11-0313","title":"Patterson Companies, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2012-02-06","effective_on":null,"summary":"11-0313 response to Patterson Companies, Inc. concerning 173.159.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0313.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0313.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0313","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2011/110313.pdf","body":"<<<PAGE 1>>>\n\nP#II-t( ··iifil'iJJ1J)sitr·····\n..~~¥.......\n1- 1-1;}.\nFEB - 6 2012\nMr. Robb Boros\nPatterson Companies, Inc.\n1905 Lakewood Drive\nBoone, Iowa 50036\nReference No.: 11-0313\nDear Mr. Boros:\nH~-q\n..iifWlAl:!is{(f......\nD~7 ··6ATi!'·..\n••\n..\n··••\n..••\n{-I,,-Il\nr(1H-L1\n..iN'lflAl:!iSilf···..•\nS~ f-J\n··tiA'tlf· ..\n••\n•·\n..\n..·•••\nt 11 1'This is in response to your letter ofDecember 16, 2011, requesting information on the\nshipment of dry batteries containing potassium hydroxide under the Hazardous Materials\nRegulations (HMR; 49 CFR Parts 171-180). Your questions are paraphrased and answered\nas follows:\nQl. For the entry, \"Batteries, dry, sealed, n.o.s.,\" what constitutes a battery being\nconsidered dry?\nAI. The dry batteries described in § 172.102, Special Provision 130 have gelled alkaline\nelectrolytes absorbed by the contents of the battery. While these batteries are not completely\nfree ofmoisture they may be used in any orientation which allows them to be used in\nportable power applications. Common dry batteries include alkaline-manganese, zinccarbon,\nnickel-metal hydride, and nickel cadmium. These batteries are distinct from\n\"Batteries, wet, non-spillable\" and \"Batteries, dry, containing potassium hydroxide solid.\"\nQ2. Is the term \"sealed\" as it is used in § 172.102, Special Provision 130 specifically mean\nhermetically sealed?\nA2. Yes, § 172.1 02, Special Provision 130 specifically uses the term \"hermetically sealed\"\nto describe the batteries covered by the entry \"Batteries, dry, sealed, n.o.s.\"\nQ3. Do the terms \"sealed\" and \"non-spillable\" as they are used in the HMR have\nindependent definitions, and should not be used interchangeably?\nA3. Yes. Non-spillable refers to a type of wet electric storage battery with acid that is\neither gelled with silica or absorbed in a mat of micro-glass fibers. Batteries may be\nconsidered as non-spillable if they are capable ofwithstanding the vibration and pressure\ndifferential tests specified in § 173.159(f). Sealed batteries are hermetically sealed batteries\nofthe type described in § 172.102, Special Provision l30.\n..6A'ff!!...............\n..\n..oA'ff!!.···..\n•••••\n••\n..\n..\n··oA'ff!!...\n••••••••\n..••••\n..fiA'ff!!.·.... • ..\n••\n..••••\nOFFICIAL FILE COPY\n\n<<<PAGE 2>>>\n\nQ4. If a dry battery contains potassium hydroxide, is \"Batteries, dry, containing potassium\nhydroxide soHd\" the most appropriate proper shipping name?\nA4. The entry \"Batteries, dry, containing potassium hydroxide solid\" should be used to\ndescribe non-activated batteries which contain dry potassium hydroxide and which are\nintended to be activated prior to use by the addition of an appropriate amount of water to the\nindividual cells. This proper shipping name does not apply to common household batteries\nsuch as alkaline-manganese, zinc-carbon, nickel-metal hydride and nickel cadmium which\nare most appropriately described as \"batteries, dry, sealed, n.o.s.\"\nQ5. Can a battery that contains potassium hydroxide or similar caustic material in a fonn\nthat can flow from the battery still be considered a dry battery?\nA6. No. Batteries that contain liquid electrolyte which could flow out ofthe battery if the\nbattery case is cracked must be described as \"Batteries, wet, filled with acid\" or \"Batteries,\nwet, filled with alkali\" as appropriate.\nI hope this answers your inquiry. If you need additional assistance, please contact the\nStandards and Rulemaking Division at (202) 366-8553.\nSincerely,\nBen Supko\nActing Chief, Standards Development\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\nU.S. Department 1200 New Jersey Avenue SE\nof Transportation Washington, DC 20590\nPipeline and Hazardous\nMaterials Safety\nAdministration\nFEB - 6 201l\nMr. Robb Boros\nPatterson Companies, Inc.\n1905 Lakewood Drive\nBoone, Iowa 50036\nReference No.: 11-0313\nDear Mr. Boros:\nThis is in response to your letter of December 16,2011, requesting infonnation on the\nshipment ofdry batteries containing potassium hydroxide under the Hazardous Materials\nRegulations (HMR; 49 CFR Parts 171-180). Your questions are paraphrased and answered\nas follows:\nQl. For the entry, \"Batteries, dry, sealed, n.o.s.,\" what constitutes a battery being\nconsidered dry?\nA1. The dry batteries described in § 172.102, Special Provision 130 have gelled alkaline\nelectrolytes absorbed by the contents of the battery. While these batteries are not completely\nfree ofmoisture they may be used in any orientation which allows them to be used in\nportable power applications. Common dry batteries include alkaline-manganese, zinccarbon,\nnickel-metal hydride, and nickel cadmium. These batteries are distinct from\n\"Batteries, wet, non-spillable\" and \"Batteries, dry, containing potassium hydroxide solid.\"\nQ2. Is the tenn \"sealed\" as it is used in § 172.102, Special Provision 130 specifically mean\nhennetically sealed?\nA2. Yes, § 172.102, Special Provision 130 specifically uses the tenn \"hennetical1y sealed\"\nto describe the batteries covered by the entry \"Batteries, dry, sealed, n.o.s.\"\nQ3. Do the tenns \"sealed\" and \"non-spillable\" as they are used in the HMR have\nindependent definitions, and should not be used interchangeably?\nA3. Yes. Non-spillable refers to a type ofwet electric storage battery with acid that is\neither gelled with silica or absorbed in a mat ofmicro-glass fibers. Batteries may be\nconsidered as non-spillable if they are capable of withstanding the vibration and pressure\ndifferential tests specified in § 173.159(f). Sealed batteries are hennetically sealed batteries\nofthe type described in § 172.102, Special Provision 130.\n\n<<<PAGE 4>>>\n\nQ4. If a dry battery contains potassium hydroxide, is \"Batteries, dry, containing potassium\nhydroxide solid\" the most appropriate proper shipping name?\nA4. The entry \"Batteries, dry, containing potassium hydroxide solid\" should be used to\ndescribe non-activated batteries which contain dry potassium hydroxide and which are\nintended to be activated prior to use by the addition of an appropriate amount ofwater to the\nindividual cells. This proper shipping name does not apply to common household batteries\nsuch as alkaline-manganese, zinc-carbon, nickel-metal hydride and nickel cadmium which\nare most appropriately described as \"batteries, dry, sealed, n.o.s.\"\nQ5. Can a battery that contains potassium hydroxide or similar caustic material in a form\nthat can flow from the battery still be considered a dry battery?\nA6. No. Batteries that contain liquid electrolyte which could flow out ofthe battery ifthe\nbattery case is cracked must be described as \"Batteries, wet, filled with acid\" or \"Batteries,\nwet, filled with alkali\" as appropriate.\nI hope this answers your inquiry. If you need additional assistance, please contact the\nStandards and Rulemaking Division at (202) 366-8553.\nBen Supko\nActing Chief, Standards Development\nStandards and Rulemaking Division\n\n<<<PAGE 5>>>\n\nCorporate Office\n1031 Mendota Heights Road\nPATIERSON Fax 651.686.9331\nSaint Paul, Minnesota 55120\nMain 800.328.5536\nwww.pattersondental.com\nDecember 16, 2011 LeaY'Y\nOffice of Hazardous Materials Standards .g 11z..l~t\nPipeline and Hazardous Materials Safety Administration\n~ , 7 Z, 102 '5 P f36\nAttn: PHH-lO,\nU.S. Department of Transportation\n~ n 3 ~ ,oct ,\n1200 New Jersey Avenue, SE, East Building \"Bet #-er, es\nWashington, DC 20590-0001 11-03/3\nPlease find below several questions regarding batteries. Please refer to the attached SDS for several batteries and\nany additional chemical data.\n• Regarding the entry Batteries, dry, sealed, n.O.8., what constitutes a cell being considered dry?\n• Am I correct that the reference to \"sealed\" in Special provision 130 specifically means hermetically sealed?\n• Is it accurate to state the terms \"sealed' and \"non-spillable\" have different, independent definitions and should\nnever be used interchangeably?\nAccording to the attached SDS's, each of the batteries are identified as dry batteries and indicate they are not\nregulated for transport.\nHowever, each of these batteries contains Potassium hydroxide [KOH]. KOH is listed in the table in both in solid\n[UNI813] and solution [UN1814] forms. Even low concentrations of KOH solutions indicated the material\nmaintains corrosive characteristics [see attached KOH SDS]. The same appears to be true with Sodium hydroxide in\nlow concentrations that can be found in one of the battery examples.\n• If a dry battery contains KOH, wouldn't Batteries, dry, containing potassium hydroxide solid be the most\naccurate proper shipping name?\n• Conversely, If a battery contains KOH or any similarly caustic material in a form that can flow or \"ooze\" it\nwould no longer eligible for shipping descriptions describing a dry battery?\nThank you\nRobb Boros\nCompliance Coordinator\nPatterson Companies, Inc.\nPatterson Logistics Services, Inc.\n1905 Lakewood Dri ve\nBoone, Iowa 50036\n515.433.1700\nSDS Attachment List\n1. Duracell Alkaline Batteries.pdf\n2. OP NiMH Batteries.pdf\n3. Panasonic NiCd Batteries.pdf\n4. Sanyo NiCd Batteries.pdf\n5. KOH 5% - MID.pdf\n6. KOH 5% - SS.pdf","truncated":false,"body_characters":9001}