{"operation":"document","citation":"13-0182","title":"LabelMaster Services — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2013-11-01","effective_on":null,"summary":"13-0182 response to LabelMaster Services concerning 173.159, 173.220.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0182.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0182.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0182","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2013/130182.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue. SE\nWashington, D.C. 20590\nNOV 0 1 2013\nMr. Robert Richard\nVice President Labelmaster Services\n5724 N. Pulaski Road\nChicago, IL 60646\nRef. No.: 13-0182\nDear Mr. Richard:\nThis is in response to your July 29, 2013 letter, requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to non-spillable batteries.\nYour questions are paraphrased and answered as follows:\nQl. When non-spillable batteries are shipped in an overpack e.g. a shrink wrapped pallet,\nmust the word OVERPACK appear on the overpack?\nAl. No, an overpack must be marked with the word OVERPACK when specification\npackagings are required, unless specification markings on the inside packagings are visible.\nNon-spillable batteries are not required to be placed in specification packages.\nQ2. Do the words NON-SPILLABLE or NON-SPILLABLE BATTERY have to be marked\non the overpack if they are not clearly visible through the overpack?\nA2. No, the words NON-SPILLABLE or NON-SPILLABLE BATTERY need only appear\non the battery and the outside package.\nQ3. Do the HMR prescribe requirements for the size or place of the words\nNON SPILLABLE or NONSPILLABLE BATTERY?\nA3. The words NONSPILLABLE orNONSPILLABLE BATTERY must be plainly and\ndurably marked on the battery and the outer packaging. The HMR do not specify a particular\nsize or location for the marks. Any method that affixes the required markings to the package\nin a durable manner is acceptable.\nQ4. Why do the HMR in§ 173.159a(c)(2) waive the requirement to mark an unpackaged\npiece of equipment with the words NONSPILLABLE or NONSPILLABLE BATTERY but\napplies this requirement if the same piece of equipment is placed into an outer package?\nA4. A nonspillable battery and the outer packaging containing a nonspillable battery must be\nplainly and durably marked \"NONSPILLABLE\" or \"NONSPILLABLE BATTERY.\" This\n\n<<<PAGE 2>>>\n\nrequirement also applies to both a nonspillable battery contained in equipment placed in an\nouter packaging and a nonspillable battery packed with equipment placed in an outer\npackaging. The marking facilitates the easy identification of a nonspillable battery by\ncarriers, reshippers, and compliance enforcement personnel to know whether the battery\nbeing shipped may be offered for transportation or transported under the general exception of\n§ 173.159a. For a nonspillable battery contained in equipment and transported without outer\npackaging, the marking is not required on the outside of the equipment. This complements\nthe provisions in § 173 .220( c) applicable to UN3171, Battery Powered Equipment.\nI hope this information is helpful. If you have further questions, please do not hesitate to\ncontact this office.\nSincerely,\n~~~\nSenior Regulatory Advisor\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\nLABEL~ASTER\nSERVICES\nl-ea r0\n9J13. 1'6 q\nJuly 29, 2013\nCharles Betts, Director Standards and Rulemaking Division\nPipeline and Hazardous Materials Safety Administration\nAttn: Standards and Rulemaking Division, PHH-1 0\nU.S. Department of Transportation\n1200 New Jersey Avenue, S.E.\nEast Building, Floor 2\nWashington, DC 20590-0001\n13-D 1 gz\nSubject: Request for Interpretation; Marking Requirements for Overpacks Containing Non-Spillable Batteries\nDear Mr. Betts:\nI am writing on behalf of a client that ships non-spillable batteries and back-up/uninterruptable power devices. I\nwould greatly appreciate responses to these questions to assist my client in ensuring they are compliant with the\nHMR:\n1. Shipments of non-spillable batteries are typically placed in an overpack or palletized and shrink wrapped\nwith clear or opaque shrink wrap. When non-spillable batteries are shipped in overpacks including shrink\nwrapped pallets does the word \"OVERPACK\" need to be marked on an overpack?\n2. Do the words \"NONSPILLABLE\" or \"NONSPILLABLE BATTERY\" need to be marked on the overpack if\nthey are not clearly visible?\n3. Are there any size or placement requirements that apply to the \"NONSPILLABLE\" or \"NONSPILLABLE\nBATTERY\" markings? For instance some manufacturers place the mark on the bottom of the outer packaging\nwhere they are not clearly visible when shipped on pallets. Manufacturer markings are in many cases extremely\nsmall and difficult to read. The Hazardous Materials Regulations would appear to authorize this since\n§ 173.15 9a( c )(2) is silent on marking size or placement.\n4. §173.159a(c)(2) indicates that the requirement to mark the outer package does not apply when the battery is\ninstalled in a piece of equipment that is transported unpackaged. My client ships backup power units containing\nnon-spillable batteries that are transported in an outer package. Why is the marking waived when the device is\nunpackaged but not when it is packaged?\n&+ler(~e£\nRespectfully,\nRobert Richard\nVice President Labelmaster Services","truncated":false,"body_characters":4950}