XPO Logistics — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue, SE Washington, DC 20590 MAR 1 2 2018 Erin Sineath Global Manager of Dangerous Goods XPO Logistics 4043 Piedmont Parkway High Point, NC 27265 Reference No. 17-0099 Dear Ms. Sineath: This letter is in response to your September 11 , 2017, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to non-spillable batteries. Specifically, you ask if manufacturers are permitted to use symbols or pictograms that indicate "non-spillable" to meet the marking requirements of§ 173.159a(c). The answer is no. A person must adhere to the requirements in§ 173.159a(c)(2), which state the battery and outer packaging must be plainly and durably marked "NON-SPILLABLE" or "NON- SPILLABLE BATTERY." The quotation marks indicate the required verbiage that must be used when marking a non-spillable battery. The requirement to mark the outer package does not apply when the battery is installed in a piece of equipment that is transported unpackaged. There is no restriction against using a symbol or pictogram to indicate non-spillable on a battery; however, it does not satisfy the required marking for compliance with the HMR. Additionally, it is the opinion of this Office that the symbols and pictograms you provide in your email may not be universally known to communicate that the battery is non-spillable. I hope this information is helpful. Please contact us if we can be of further assistance.#

Page 2Dodd, Alice (PHMSA) From: Sent: To: Subject: Attachments: INFOCNTR (PHMSA) Tuesday, September 12, 2017 2:12 PM Hazmat Interps FW: Request for Formal Interpretation Battery Interp Letter.pdf Hi Alice, Thanks, Jodi Please submit this as a letter of interpretation. Let me know if you have any questions. From: Erin Sineath [mailto:Erin.Sineath@xpo.com] Sent: Monday, September 11, 2017 1:30 PM To: PHMSA HM lnfoCenter <PHMSAHMlnfoCenter@dot.gov> Subject: Request for Formal Interpretation Dear Info Center, Attached is a request for formal interpretation. Please feel free to contact me if you have any questions. Erin N. Sineath Supply Chain Global Manager of Dangerous Goods XPOLogistics 4043 Piedmont Parkway High Point, NC 27265 USA 0: +1 336-217-3698 M: +1 336-906-4842#

Page 3XPOLoglStlCS September 11, 2017 Mr. Charles Betts, Director Office of Hazardous Material Standards Pipeline and Hazardous Materials Safety Administration U.S. Department of Transportation 1200 New Jersey Avenue, SE East Building, 2"d Floor Washington, D.C. 20590-0001 Dear Mr. Betts, I am writing to you today to ask for clarification related to non-spillable batteries that are shipped under 49 CFR 173.159a. For these battery types, the electrolyte is absorbed into a material within the battery or is encapsulated in a gel or a paste, such that a flow of electrolyte would not occur in the event the battery casing becomes cracked. Specifically, the exception for these batteries 49 CFR 173.159a(c) relieves these batteries from all other requirements of the subchapter as long as the "battery and outer package is plainly and durably marked "non-spillable" or "non-spillable battery"" . From my literal reading of this exception, it seems to me that the actual word(s) would have to appear on the battery and the outer package to meet the requirement. Recently I have seen several instances where a battery is deemed by the manufacturer to be "non- spillable" and it is clearly stated as such in the Safety Data Sheet (SOS) and the technical specification sheet for the battery. However, when examining the battery, the word(s) "non-spillable" or "non-spillable battery" is not marked on the battery label or casing. Instead, the manufacturer uses a symbol to convey the battery's non-spillable status. Examples of typical symbols that I have seen used are shown below: ® . .#

Page 4XPOLoglStlCS Would any of these examples meet the requirement to mark the battery as "non-spillable" or as a "non- spillable battery" per 49 CFR 173.159a(c)? If not, is it your opinion that an offeror who has proof that a battery is non-spillable would be required to mark the battery and the outer package themselves to meet the requirement? Thank you in advance for your assistance with this question. Sincerely, Erin N. Sineath Global Manager of Dangerous Goods XPO Logistics - Supply Chain 4043 Piedmont Parkway High Point, NC 27265#