Concorde Battery — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue SE Washington. DC 20590 OCT 2 5 2012 Mr. Steve Delmar Director of Environmental Health and Safety C oncorde Battery 2009 San Bernadino Rd West Covina, CA 91790 Reference No.: 12-0 180 Dear Mr. Delmar: This is in response to your August 12, 2012 letter requesting clarification on marking requirements for non-spillable batteries under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). You present a scenario where non-spillable batteries are marked "NONSPILLABLE'' or "NONSPILLABLE BATTERY" both on the battery itself and its outer packaging in accordance with the packaging exception provided in § 173 .159a( c )(2). The batteries are then palletized, and in the process of creating this palletized load the "NONSPILLABLE" marking is covered up with corrugated sheeting and/or stretch wrap. You ask ifthe outer pallet wrapping material must also be marked "NONSPILLABLE." The answer is no. In the scenario you describe, your properly marked and packaged non- spillable batteries are then consolidated on a skid using corrugated sheeting and/or stretch wrap. There is no requirement in the HMR to carry the "NONSPILLABLE'' marking over to the outside of the corrugated sheeting or stretch wrap. I trust this satisfies your inquiry. Please contact us if we can be of further assistance.#

Page 2•.. the heart of your alrcrsfN Wetob ~ l13 I 16q Ba t+erie~ . . Concorde Battery Corporation ll- D/90 U.S. DOT PHMSA Office of Hazardous Materials Standards Attn: Information Center East Building 1200 New Jersey Avenue, SE. Washington, DC 20590-0001 Dear Sir/Madam, Monday, August 13,2012 The purpose of this letter is to request clarification of marking requirements for Non- spillable batteries under 49 CFR § 173.159a( c )(2). The regulation requires the battery and outer packaging to be plainly and durably marked "NONSPILLABLE" or "NONSPILLABLE BATTERY". Based on the definition of outer packaging, we interpret this to mean that only the outer carton housing each individual battery be clearly and durably marked. If the shipper chooses to palletize multiple Non-spillable batteries for shipment and cover up the "NONSPILLABLE" marking on each individual carton with large corrugated sheeting and/or stretch wrap, does this outer pallet wrapping material also need to be marked "NONSPILLABLE"? Please see attached example photograph which shows a pallet of Non-spillable batteries covered with corrugated sheeting for additional protection during shipment. Sil~Cfrely, .; j Steve Delmar Director of Environmental Health & Safety Concorde Battery 2009 San Bernadino Road West Covina, CA 91790 (626) 813-1234 ext. 252 2009 San Bernardino Road, West Covina, CA 91790 • Tele: 626-813-1234 • Fax: 626-813-1235#

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