{"operation":"document","citation":"16-0081","title":"N&M Transfer Co.,Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2016-09-01","effective_on":null,"summary":"16-0081 response to N&M Transfer Co.,Inc. concerning 171.8, 172.331, 173.159.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-16-0081.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-16-0081.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-16-0081","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2016/160081.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\n1200 New Jersey Avenue, SE\nWashington, D.C. 20590\nPipeline and Hazardous\nAdministration\nMaterials Safety\nSEP 0 1 2016\nMr. Cary S. Krickeberg\nSafety Manager\n630 Muttart Road\nN&M Transfer Co., Inc.\nNeenah, WI 54956\nReference No. 16-0081\nDear Mr. Krickeberg:\nThis letter is in response to your May 5, 2016, email requesting clarification of the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to electric\nstorage batteries. You provide a scenario where a 1,200-pound forklift battery (UN 2794) is\nsecured to a pallet in accordance with § 173.159(d)(1). Specifically, you ask whether the\nbattery secured to the pallet is contained in a packaging, defined as a bulk package, and\nrequires a four digit marker (identification number) on the transport vehicle.\nAs defined in §171.8, the term packaging means a receptacle and any other components or\nmaterials necessary for the receptacle to perform its containment function in conformance\nwith the minimum packing requirements of this subchapter.\" Pallets typically meet the\ndefinition of an overpack, as defined in § 171.8, as opposed to a package, which is defined as\n\"a packaging plus its contents.\" However, § 173.159(d)(1) authorizes electric storage\nbatteries firmly secured to skids or pallets as an authorized non-specification packaging\nprovided all requirements of the paragraph are met. Therefore, in your scenario, the forklift\nbattery secured to a pallet meets the definition of a package.\nIn accordance with § 171.8, the definition of a bulk packaging is a packaging with a\n\"maximum net mass greater than 400 kg (882 Ibs.) and a maximum capacity greater than 450\nL (119 gals) as a receptacle for a solid\" with \"no intermediate forms of containment.\" It is\nthe opinion of this Office that the size of the battery determines whether a package meeting\nthe requirements of § 173.159(d)(1) is considered bulk or non-bulk. Therefore, an electric\nstorage battery exceeding 400 kg secured to a pallet is a bulk package, and the transport\nvehicle must be marked with identification number as required by § 172.331.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nTaster\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<<PAGE 2>>>\n\ncrehman\nGoodall, Shante CTR (PHMSA)\n171.80\nDintin albbariations\nFrom:\nSent:\nRivera, Jordan CTR (PHMSA)\n16-0081\nSubiect:\nTo:\nFriday, May 06, 2016 3:10 PM\nHazmat Interps\nFW: REQUEST INTERPRETATION ON PACKAGE DEFINITON AND VEHICLE MARKING\nREQUIREMENTS FOR LARGE SINGLE FORKLIFT BATTERIES\nHi Shante/Alice,\nPlease submit this for a letter of interpretation. I spoke with Mr. Krickeberg.\nPlease let me know if you have any questions.\nJordan\nThanks,\nSent: Thursday, May 05, 2016 3:58 PM\nFrom: Cary S. Krickeberg [mailto:CKRICKEBERG@nmtransfer.com]\nTo: PHMSA HM InfoCenter\nSINGLE FORKLIFT BATTERIES\nSubject: REQUEST INTERPRETATION ON PACKAGE DEFINITON AND VEHICLE MARKING REQUIREMENTS FOR LARGE\nAttn: PHMSA Info Center;\nMy office is requesting a bulk package clarification and a vehicle marking clarification on the transport of a single\npalletized forklift battery (UN2794) that weighs over 1200 lbs.\nQuestions\n1) Is a single 1200 lb. forklift battery (shipped and banded on a pallet) considered packaged or in a\npackage? (171.8)\n2) If it is considered a package, would it exceed the 882 lb. bulk package requirement for solids? (171.8)\n3) If it is considered a solid bulk package, would it therefore require a four digit marking on the transport\nvehicle? (172.331(c))\nThe bulk packaging description found in 171.8 does not seem to address this type of cargo..\nS171.0 Definitions and abbrevations.\nBulk packaging means a packaging, other than a vessel or a barge, including a transport vehicle or freight\ncontainer, in which hazardous materials are loaded with no intermediate form of containment. A Large Packaging in\ninner packagings, is also a bulk packaging. Additionally, a bulk packaging has\nwhich hazardous materials are loaded with an intermediate form of containment, such as one or more articles or\n(1) A maximum capacity greater than 450 L (119 gallons) as a receptacle for a liquid;\n1.\n\n<<<PAGE 3>>>\n\n(2) A maximum net mass greater than 400 kg (882 pounds) and a maximum capacity greater than 450 L (119\ngallons) as a receptacle for a solid; or\nthis subchapter.\nPackage or Outside Package means a packaging plus its contents. For radioactive materials, see $173.403 of\nPackaging means a receptacle and any other components or materials necessary for the receptacle to perform its\ncontainment function in conformance with the minimum packing requirements of this subchapter.\nand multi-unit tank car tanks,\nS172331 Bulk packagings other than portable tanks, cargo tanks, tank cars\n(c) For a bulk packaging contained in or on a transport vehicle or freight container, if the identification number\nmarking on the bulk packaging (e.g., an IBC) required by $172.302(a) is not visible, the transport vehicle or freight\nspecified for the material in the §172.101 Table.\ncontainer must be marked as required by 5172.332 on each side and each end with the identification number\nI appreciate your attention to our concerns.\nCK\nSafety Manager\nCary Krickeberg \"C.K.\"\n630 Muttart Rd.\nNE.M Transfer Co., Inc.\nNeenah, WI 54956\nCell phone: 920-428-4814\nOffice phone: 920-521-1020\nemail: ckrickeberd@nmiransier.com\n\"Friendship with the ford is reserved for those who fear Him\" Pealm 25:14","truncated":false,"body_characters":5529}