{"operation":"document","citation":"17-0099","title":"XPO Logistics — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2018-03-16","effective_on":null,"summary":"17-0099 response to XPO Logistics concerning 173.159a.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-17-0099.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-17-0099.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-17-0099","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/57476/170099.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nMAR 1 2 2018\nErin Sineath\nGlobal Manager of Dangerous Goods\nXPO Logistics\n4043 Piedmont Parkway\nHigh Point, NC 27265\nReference No. 17-0099\nDear Ms. Sineath:\nThis letter is in response to your September 11 , 2017, email requesting clarification of the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to non-spillable\nbatteries. Specifically, you ask if manufacturers are permitted to use symbols or pictograms that\nindicate \"non-spillable\" to meet the marking requirements of§ 173.159a(c).\nThe answer is no. A person must adhere to the requirements in§ 173.159a(c)(2), which state the\nbattery and outer packaging must be plainly and durably marked \"NON-SPILLABLE\" or \"NON-\nSPILLABLE BATTERY.\" The quotation marks indicate the required verbiage that must be used\nwhen marking a non-spillable battery. The requirement to mark the outer package does not\napply when the battery is installed in a piece of equipment that is transported unpackaged.\nThere is no restriction against using a symbol or pictogram to indicate non-spillable on a battery;\nhowever, it does not satisfy the required marking for compliance with the HMR. Additionally, it\nis the opinion of this Office that the symbols and pictograms you provide in your email may not\nbe universally known to communicate that the battery is non-spillable.\nI hope this information is helpful. Please contact us if we can be of further assistance.\n\n<<<PAGE 2>>>\n\nDodd, Alice (PHMSA)\nFrom:\nSent:\nTo:\nSubject:\nAttachments:\nINFOCNTR (PHMSA)\nTuesday, September 12, 2017 2:12 PM\nHazmat Interps\nFW: Request for Formal Interpretation\nBattery Interp Letter.pdf\nHi Alice,\nThanks,\nJodi\nPlease submit this as a letter of interpretation. Let me know if you have any questions.\nFrom: Erin Sineath [mailto:Erin.Sineath@xpo.com]\nSent: Monday, September 11, 2017 1:30 PM\nTo: PHMSA HM lnfoCenter <PHMSAHMlnfoCenter@dot.gov>\nSubject: Request for Formal Interpretation\nDear Info Center,\nAttached is a request for formal interpretation. Please feel free to contact me if you have any questions.\nErin N. Sineath\nSupply Chain\nGlobal Manager of Dangerous Goods\nXPOLogistics\n4043 Piedmont Parkway\nHigh Point, NC 27265 USA\n0: +1 336-217-3698 M: +1 336-906-4842\n\n<<<PAGE 3>>>\n\nXPOLoglStlCS\nSeptember 11, 2017\nMr. Charles Betts, Director\nOffice of Hazardous Material Standards\nPipeline and Hazardous Materials Safety Administration\nU.S. Department of Transportation\n1200 New Jersey Avenue, SE\nEast Building, 2\"d Floor\nWashington, D.C. 20590-0001\nDear Mr. Betts,\nI am writing to you today to ask for clarification related to non-spillable batteries that are shipped under\n49 CFR 173.159a. For these battery types, the electrolyte is absorbed into a material within the battery\nor is encapsulated in a gel or a paste, such that a flow of electrolyte would not occur in the event the\nbattery casing becomes cracked.\nSpecifically, the exception for these batteries 49 CFR 173.159a(c) relieves these batteries from all other\nrequirements of the subchapter as long as the \"battery and outer package is plainly and durably marked\n\"non-spillable\" or \"non-spillable battery\"\"\n. From my literal reading of this exception, it seems to me that\nthe actual word(s) would have to appear on the battery and the outer package to meet the requirement.\nRecently I have seen several instances where a battery is deemed by the manufacturer to be \"non-\nspillable\" and it is clearly stated as such in the Safety Data Sheet (SOS) and the technical specification\nsheet for the battery. However, when examining the battery, the word(s) \"non-spillable\" or \"non-spillable\nbattery\" is not marked on the battery label or casing. Instead, the manufacturer uses a symbol to convey\nthe battery's non-spillable status. Examples of typical symbols that I have seen used are shown below:\n® .\n.\n\n<<<PAGE 4>>>\n\nXPOLoglStlCS\nWould any of these examples meet the requirement to mark the battery as \"non-spillable\" or as a \"non-\nspillable battery\" per 49 CFR 173.159a(c)? If not, is it your opinion that an offeror who has proof that a\nbattery is non-spillable would be required to mark the battery and the outer package themselves to meet\nthe requirement?\nThank you in advance for your assistance with this question.\nSincerely,\nErin N. Sineath\nGlobal Manager of Dangerous Goods\nXPO Logistics - Supply Chain\n4043 Piedmont Parkway\nHigh Point, NC 27265","truncated":false,"body_characters":4503}