Graco, Inc. — Hazardous Materials Safety Interpretation

Page 1U.S. Department Pipeline and Hazardous of Transportation 1200 New Jersey Avenue, SE Washington, DC 20590 Materials Safety Administration JAN 1 3 2016 Mr. Eric Lillyblad Environmental Specialist Graco, Inc. 1112 Sibley Street, NE Minneapolis, MN 55413 Reference No. 15-0191 Dear Mr. Lillyblad: This is in response to your September 17, 2015 e-mail requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the transportation of "UN 2794, Batteries, wet, filled with acid, electric storage, 8 (corrosive)," and "UN 2795, Batteries, wet, filled with alkali, electric storage, 8." Specifically, you ask for clarification of what is meant by the phrase "may not be packed with other materials except as provided in § 173.159(g) and (h) and §§ 173.220 and 173.222" as it appears in § 173.159(a). We have paraphrased your questions and answered them in the order provided. Q1. Does this phrase mean that no other hazardous material can be placed in the same packaging with a wet acid battery except as prescribed in §§ 173.159(g) and (h), and 173.220 and 173.222? Al. The answer is yes. Section 173.159(a) prohibits any material, hazardous or non- hazardous, from being placed in the same packaging with an electric storage battery that contains electrolyte acid or alkaline corrosive battery fluid unless the materials are packaged as prescribed in that section. It also requires that any battery or battery powered device must be prepared and packaged for transport in a manner that prevents a dangerous evolution of heat and short circuits. Q2. Does this phrase also mean that no other material, even of a non-hazardous nature (e.g., paper instruction manual, pair of gloves, metal wrench, or other "non-hazardous" material) can be in the same packaging with a wet acid battery?#

Page 2A2. The answer is yes, unless otherwise excepted under the HMR. For example, the HMR excepts electric storage batteries containing electrolyte or corrosive battery fluid from regulation when transported by highway or rail in conformance with § 173.159(e). I hope this satisfies your request. Sincerely, sumeroster T. Glenn Foster Chief, Regulatory Review and Reinvention Standards and Rulemaking Division#

Page 3Edmonson 8/73.159 Batterie Goodall, Shante CTR (PHMSA) 15-0191 From: Geller, Shelby CTR (PHMSA) Sent: Tuesday, September 29, 2015 2:51 PM To: Hazmat Interps Subject: FW: Request for Formal Letter of Interpretation Dear Shante and Alice, I am following up with Mr. Lillyblad's request as I did not see it in the database. Thanks, Sheby From: Geller, Shelby CTR (PHMSA) To: Hazmat Interps Sent: Thursday, September 17, 2015 1:24 PM Subject: FW: Request for Formal Letter of Interpretation Dear Shante and Alice, Forwarded is a request for a letter of interpretation. I spoke with Mr. Lillyblad in regards to his inquiry. Thanks, Shelby From: E R Lillyblad@graco.com [mailto:E R Lillyblad@graco.com] To: INFOCNTR (PHMSA) Sent: Thursday, September 17, 2015 9:44 AM Subject: Request for Formal Letter of Interpretation Dear Sir/Madam: I am writing to request a formal letter of interpretation relating to DOT hazardous material packaging requirements as detailed in 49 CFR 173.159. Specifically, can you advise as to the meaning in §173.159(a) that states: "Electric storage batteries, containing provided in paragraphs (g) and (h) of this section and in §$ 173.220 and 173.222"? electrolyte acid or alkaline corrosive battery fluid (wet batteries), may not be packed with other materials except as with paragraphs (g) and (h) of §173.159 and §173.220 and §173.222, or does that mean no other material, even of a non- Does that mean that no other hazardous material can be in the packaging with a wet acid battery except in accordance the packaging with a wet acid battery? hazardous nature (e.g., paper instruction manual, pair of gloves, metal wrench, other "non-hazardous" material) can be in Please advise. Eric Lillyblad Thank you, Graco Inc. Environmental Specialist Minneapolis, MN 55413 1112 Sibley Street NE 612-623-6414 elillyblad@graco.com#