N&M Transfer Co.,Inc. — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department 1200 New Jersey Avenue, SE Washington, D.C. 20590 Pipeline and Hazardous Administration Materials Safety SEP 0 1 2016 Mr. Cary S. Krickeberg Safety Manager 630 Muttart Road N&M Transfer Co., Inc. Neenah, WI 54956 Reference No. 16-0081 Dear Mr. Krickeberg: This letter is in response to your May 5, 2016, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to electric storage batteries. You provide a scenario where a 1,200-pound forklift battery (UN 2794) is secured to a pallet in accordance with § 173.159(d)(1). Specifically, you ask whether the battery secured to the pallet is contained in a packaging, defined as a bulk package, and requires a four digit marker (identification number) on the transport vehicle. As defined in §171.8, the term packaging means a receptacle and any other components or materials necessary for the receptacle to perform its containment function in conformance with the minimum packing requirements of this subchapter." Pallets typically meet the definition of an overpack, as defined in § 171.8, as opposed to a package, which is defined as "a packaging plus its contents." However, § 173.159(d)(1) authorizes electric storage batteries firmly secured to skids or pallets as an authorized non-specification packaging provided all requirements of the paragraph are met. Therefore, in your scenario, the forklift battery secured to a pallet meets the definition of a package. In accordance with § 171.8, the definition of a bulk packaging is a packaging with a "maximum net mass greater than 400 kg (882 Ibs.) and a maximum capacity greater than 450 L (119 gals) as a receptacle for a solid" with "no intermediate forms of containment." It is the opinion of this Office that the size of the battery determines whether a package meeting the requirements of § 173.159(d)(1) is considered bulk or non-bulk. Therefore, an electric storage battery exceeding 400 kg secured to a pallet is a bulk package, and the transport vehicle must be marked with identification number as required by § 172.331. I hope this information is helpful. Please contact us if we can be of further assistance. Sincerely, Taster T. Glenn Foster Chief, Regulatory Review and Reinvention Branch Standards and Rulemaking Division#

Page 2crehman Goodall, Shante CTR (PHMSA) 171.80 Dintin albbariations From: Sent: Rivera, Jordan CTR (PHMSA) 16-0081 Subiect: To: Friday, May 06, 2016 3:10 PM Hazmat Interps FW: REQUEST INTERPRETATION ON PACKAGE DEFINITON AND VEHICLE MARKING REQUIREMENTS FOR LARGE SINGLE FORKLIFT BATTERIES Hi Shante/Alice, Please submit this for a letter of interpretation. I spoke with Mr. Krickeberg. Please let me know if you have any questions. Jordan Thanks, Sent: Thursday, May 05, 2016 3:58 PM From: Cary S. Krickeberg [mailto:CKRICKEBERG@nmtransfer.com] To: PHMSA HM InfoCenter SINGLE FORKLIFT BATTERIES Subject: REQUEST INTERPRETATION ON PACKAGE DEFINITON AND VEHICLE MARKING REQUIREMENTS FOR LARGE Attn: PHMSA Info Center; My office is requesting a bulk package clarification and a vehicle marking clarification on the transport of a single palletized forklift battery (UN2794) that weighs over 1200 lbs. Questions 1) Is a single 1200 lb. forklift battery (shipped and banded on a pallet) considered packaged or in a package? (171.8) 2) If it is considered a package, would it exceed the 882 lb. bulk package requirement for solids? (171.8) 3) If it is considered a solid bulk package, would it therefore require a four digit marking on the transport vehicle? (172.331(c)) The bulk packaging description found in 171.8 does not seem to address this type of cargo.. S171.0 Definitions and abbrevations. Bulk packaging means a packaging, other than a vessel or a barge, including a transport vehicle or freight container, in which hazardous materials are loaded with no intermediate form of containment. A Large Packaging in inner packagings, is also a bulk packaging. Additionally, a bulk packaging has which hazardous materials are loaded with an intermediate form of containment, such as one or more articles or (1) A maximum capacity greater than 450 L (119 gallons) as a receptacle for a liquid; 1.#

Page 3(2) A maximum net mass greater than 400 kg (882 pounds) and a maximum capacity greater than 450 L (119 gallons) as a receptacle for a solid; or this subchapter. Package or Outside Package means a packaging plus its contents. For radioactive materials, see $173.403 of Packaging means a receptacle and any other components or materials necessary for the receptacle to perform its containment function in conformance with the minimum packing requirements of this subchapter. and multi-unit tank car tanks, S172331 Bulk packagings other than portable tanks, cargo tanks, tank cars (c) For a bulk packaging contained in or on a transport vehicle or freight container, if the identification number marking on the bulk packaging (e.g., an IBC) required by $172.302(a) is not visible, the transport vehicle or freight specified for the material in the §172.101 Table. container must be marked as required by 5172.332 on each side and each end with the identification number I appreciate your attention to our concerns. CK Safety Manager Cary Krickeberg "C.K." 630 Muttart Rd. NE.M Transfer Co., Inc. Neenah, WI 54956 Cell phone: 920-428-4814 Office phone: 920-521-1020 email: ckrickeberd@nmiransier.com "Friendship with the ford is reserved for those who fear Him" Pealm 25:14#