{"operation":"document","citation":"14-0146","title":"Det-Tronics — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2015-06-26","effective_on":null,"summary":"14-0146 response to Det-Tronics concerning 171.2, 171.24, 172.101, 172.102, 173.159, 173.220, 173.222, 175.10, 175.9.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-14-0146.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-14-0146.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-14-0146","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2015/140146.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\n1200 New Jersey Avenue SE\nWashington. DC 20590\nPipeline and Hazardous\nAdministration\nMaterials Safety\nJUN 2 6 2015\nMr. Lee R. Zwiefelhofer\nSenior Logistics/HazMat Specialist\nDet-Tronics\n6901 West 110t Street\nMinneapolis, MN 55438\nReference No. 14-0146\nDear Mr. Zwiefelhofer:\nThis is in response to your recent e-mail requesting clarification of the Hazardous Materials\nRegulations (HMR; 49 CFR Parts 171-180) applicable to \"UN 2800, Batteries, wet, non-\nspillable electric storage, 8, PG III\" installed in devices. Specifically, you ask several\nquestions concerning how these batteries may be transported under the HMR, including\nexceptions, and if any of these authorized packagings requires the use of the \"NON-\nSPILLABLE\" or \"NON-SPILLABLE BATTERY\" marking prescribed in § 173.159a. We\nhave answered your questions and paraphrased them in the order you provided.\nQ1.\nIf non-spillable batteries are installed in devices, can the devices containing these\nbatteries be described and shipped as non-spillable batteries?\nAl.\nThe HMR require a proper shipping name selected for a hazardous material to\ncorrectly describe the hazard(s) associated with the material (see § 171.2(e)). The\nHMR do not restrict the choice of a proper shipping name except in these instances:\n1) when that name is preceded by a plus sign, 2) when the material is a mixture or\nsolution meeting the definition of one or more hazard classes that are not identified\non the Hazardous Materials Table (HMT; § 172.101), or 3) when a material meets\nthe definition of hazard class, hazard zone, subsidiary hazard, or packing group other\nthan that shown in association with the proper shipping name listed in the HMT for\nthe material. Please note that while the proper shipping name \"Batteries, wet, non-\nspillable\" may accurately describe the hazardous material contained in your device,\nprovided it contains no other hazardous material, it is the opinion of this Office that\nproper shipping names that refer to the equipment the battery is contained in may be\nmore appropriate, such as: \"Battery-powered vehicle\" or \"Battery-powered\nequipment,\" \"Engines, internal combustion,\" or \"Vehicle, 'flammable gas' or\n'flammable liquid' powered,\" or \"Dangerous Goods in Machinery\" or \"Dangerous\nGoods in Apparatus.\" For additional information, see §§ 172.101(b)(1),\n172.101(c)(10)(F)(iii), and 172.101(c)(12)(i).\n\n<<<PAGE 2>>>\n\nQ2. Does the device in which the non-spillable battery is installed have to be marked as\n\"NON-SPILLABLE BATTERY\" if the battery is not visible?\nA2. Under the HMR, only the non-spillable battery itself, its outer packaging, and\noverpack, if applicable, containing the battery must be plainly and durably marked\nwith the words \"NON-SPILLABLE\" or \"NON-SPILLABLE BATTERY.\" See\n§§ 171.24(d)(1)(i)(B), 173.159a(c)(2), 173.220(c) and (f)(1), and\n175.10(a)(15)(v)(B) for additional restrictions and/or exceptions.\nQ3. Can devices that contain non-spillable batteries be packaged together with other\nnon-hazardous materials in the same outer packaging as long as the outer packaging\nis marked with the \"NON-SPILLABLE BATTERY\" marking? Please clarify how\nto interpret the reference in § 173.159a(d) to § 173.159a(c). It is my understanding\nthat § 173.159a(c) states batteries must meet the requirements prescribed in\n§ 173.159(a), and that \"Electric Storage batteries, containing electrolyte acid or\nalkaline corrosive battery fluid (wet batteries)\" may not be packaged with other\nmaterials except as provided in § 173.159(g) and (h) and in §§ 173.220 and\n173.222.\nA3. Your understanding is correct. Section 173.159(a) permits non-spillable batteries,\ndry batteries, and battery charger devices to be placed in the same package with\nelectrolyte, acid, or alkaline corrosive battery fluid; filling kits in conformance with\n§ 173.159(g) and (h); with engines, vehicles, or mechanical equipment in\nconformance with § 173.220; and in equipment, machinery, or apparatus in\nconformance with § 173.222. Both non-spillable batteries and their outer\npackagings that comply with § 173.159a(c) must be marked \"NON-SPILLABLE\"\nor \"NON-SPILLABLE BATTERY.\"\nNon-spillable batteries that comply with § 173.159a(d) are excepted from all other\nrequirements under the HMR when offered for transportation and transported in\nconformance with the following:\n• § 173.159a(c), and\n• At a temperature of 55 °C (131 °F) the batteries:\n• Do not contain any unabsorbed free-flowing liquid,\n• Are designed so that electrolyte will not flow from a ruptured or cracked\ncase, and\nWhen transported by aircraft --\nWhen contained in a battery powered device, equipment or\nvehicle must be prepared and packaged for transport in a manner\nto prevent unintentional activation in conformace with\n§ 173.159(b)(2).\nMust be transported as cargo and may not be carried onboard an\naircraft by passengers or crewmembers in carry-on baggage,\nchecked baggage, or on their person unless specifically excepted\nunder § 175.10.\n2\n\n<<<PAGE 3>>>\n\nQ4.\nIf non-spillable batteries contained in devices can be excepted from most of the\nrequirements in the HMR, like some exceptions that currently exist in the HMR for\nnon-spillable batteries, can you please provide these HMR sections and paragraph\nnumbers?\nA4.\nThe subchapter exceptions that currently exist in the HMR for non-spillable\nbatteries are prescribed in the following sections: §§ 171.24(d)(1)(i); 172.102,\nSpecial Provision 136; 173.159(i); 173.159a(d); 175.10(a)(15) and (a)(16);\n175.9(a)(5)(ii); and 173.220(c). For your information, PHMSA issued a final Rule\non January 7, 2013, (78 FR 65453) that amended section § 173.159a(d) to clarify\nthat non-spillable batteries cannot be carried aboard an aircraft by passengers or\ncrewmembers in carry-on baggage, checked baggage, or on their person unless\nspecifically excepted under § 175.10.\nQ5.\nHas the Pipeline and Hazardous Materials Safety Administration (PHMSA) issued\nany letters of clarification that address non-spillable batteries installed in\nequipment? If so, please provide these reference numbers.\nA5.\nPHMSA has issued the following clarification letters concerning non-spillable\nbatteries installed in equipment: Reference Nos. 99-0258, 01-0129, 01-0267, 01-\n0309, 02-0261, 02-0297, 03-0253, 07-0189, 11-0113, 12-0101, 13-0162, 13-0182,\nand 14-0005. If you wish to conduct additional searches of PHMSA's clarification\nletter database, please enter a keyword \"non-spillable\" or a reference number in the\nsearch window at this website: \"http://www.phmsa.dot.gov/hazmat/regs/interps.\"\nI hope this satisfies your request.\nSincerely,\nI Am ost\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n3\n\n<<<PAGE 4>>>\n\nEdmonson\n173.159a\nDodd, Alice (PHMSA)\nBatteries\nFrom:\n14-0146\nSent:\nCiccarone, Michael CTR (PHMSA)\nThursday, July 24, 2014 3:58 PM\nTo:\nHazmat Interps\nSubject:\nFW: Request for Clarification - Packing of Non-Spillable Batteries under 173.159(a)\nShante and Alice,\nPlease submit this for a formal letter of interpretation. The caller discussed the topic with Mike Pagel in the HMIC.\nThanks,\nMike\nFrom: Zwiefelhofer, Lee R BIS [mailto:Lee.Zwiefelhofer@det-tronics.com]\nTo: PHMSA HM InfoCenter\nSent: Thursday, July 24, 2014 2:19 PM\nSubject: Request for Clarification - Packing of Non-Spillable Batteries under 173.159(a)\nDear Sir or Madam,\nDetector Electronics Corporation is requesting clarification on the packing requirements for non-spillable batteries under\nparagraph 173.159a. We need clarification if batteries that comply with paragraph 173.159a can be packaged with\nother non-hazardous or hazardous materials.\nCFR 49 Paragraph 173.159a(d) references 173.159a(c), which under 173.159a(c)(1) references that \"The batteries must\nmeet the requirements of 173.159(a).\" Under 173.159(a) it states in part that:\n\"Electric storage batteries, containing electrolyte acid or alkaline corrosive battery fluid (wet batteries), may not be\npacked with other materials except as provided in paragraphs (g) and (h) of this section and in §§173.220 and 173.222;\nand any battery or battery-powered device must be prepared and packaged for transport in a manner to prevent:\nexposed terminals and damage to terminals.\nNon-spillable batteries must meet the capability requirements for vibration and pressure testing under 173.159(f)(1) and\n173.159(f)(2) along with the requirement that at a temperature of 55 °C (131 °F), the battery must not contain any\nunabsorbed free-flowing liquid, and must be designed so that electrolyte will not flow from a ruptured or cracked\ncase. Except for the reporting requirements called out under 173.159a(b), if it is determined that a battery meets those\ncapability requirements and the battery and package is marked with \"Nonspillable\" or \"Nonspillable Battery\", they are\nthen excepted from all other requirements of the subchapter.\nIt therefore then seems like the reference back to 173.159(a) for non-spillable batteries is more to assure compliance\nwith the prevention of a dangerous evolution of heat, short circuits, separation, exposed terminals and damage to\nterminals, not to limit the packing of non-spillable batteries with other non-hazardous or hazardous\nmaterials. Paragraph 173.159(a) in its entirety seems to be geared to those wet batteries that are not non-spillable.\nI would like clarification as to whether or not it is the intent of the 173.159a exception for non-spillable batteries to\nrestrict them from being packed with other materials (hazardous (regulated) or non-hazardous (not regulated)) as called\nout under 173.159(a).","truncated":false,"body_characters":9607}