{"operation":"document","citation":"18-0051","title":"Florida Power and Light Company — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2018-08-14","effective_on":null,"summary":"18-0051 response to Florida Power and Light Company concerning 172.102, 173.159a.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-18-0051.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-18-0051.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-18-0051","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/60381/180051.pdf","body":"<<<PAGE 1>>>\n\n0\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nAUG 1 4 2018\nFrank Nesbihal\nPrincipal Environmental Engineer\nFlorida Power and Light Company\n700 Universe Boulevard\nJuno Beach, FL 33408\nReference No. 18-0051\nDear Mr. Nesbihal:\nThis letter is in response to your April 2, 2018, email requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to packaging requirements for\nused non-spillable and dry, sealed batteries.\nYou describe the following scenario:\n• You ship used non-spillable batteries and used dry, sealed batteries by ground in separate\npackages from company facilities to the company's central accumulation center.\n• Prior to transportation, all the terminals on both types of batteries are protected to prevent\nshort circuits and the evolution of heat.\n• The non-spillable batteries meet the conditions of § 173. l 59a.\n• The dry, sealed batteries meet the conditions of§ l 72.102(c)(l) Special Provision 130.\nSpecifically, you ask whether you can combine the used non-spillable batteries and used dry,\nsealed batteries as described above in the same package for the purpose of transportation for\nrecycling.\nThe answer is yes. Provided the non-spillable batteries are properly prepared for transportation\nand the package is marked in accordance with§ 173.159a, they are not otherwise subject to the\nHMR except for incident reporting. Similarly, dry, sealed batteries that are prepared in\naccordance with§ 172.102(c)(l) Special Provision 130(b) are not subject to any additional\nrequirements of the HMR for ground transportation except incident reporting. A package may\ncontain both used non-spillable batteries and used dry, sealed batteries if all the batteries are\nprepared and packaged in a manner to prevent short circuits, dangerous evolution of heat, and\ndamage to terminals.\n\n<<<PAGE 2>>>\n\nPlease note that if the used dry, sealed batteries are not protected from dangerous evolution of\nheat, short circuits, and damage to terminals under§ 172.102(c)(l) Special Provision 130(d),\nthey may not be shipped in the same outer package as the used non-spillable batteries.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nChief, Standards Development Branch\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\n\"?atrtc{(\n~~,.:,1 ~\n18-oosl\nJanuary, lkeya CTR (PHMSA)\nFrom:\nSent:\nTo:\nSubject: INFOCNTR (PHMSA)\nMonday, April 02, 2018 4:58 PM\nHazmat Interps\nFW: Question - Transporting Batteries in a Single Package for Recycling\nHi Alice & lkeya,\nBelow is a request for a letter of interpretation. Frank spoke with Jonathon regarding his question. Please let me know if\nyou have any questions.\nThank you,\nJodi\nFrom: Nesbihal, Frank J [mailto:Frank.J.Nesbihal@fpl.com]\nSent: Monday, April 02, 2018 1:57 PM\nTo: INFOCNTR (PHMSA) <INFOCNTR.INFOCNTR@dot.gov>\nCc: Cevallos, Porfirio <Porfirio.Cevallos@fpl.com>; Jones, Mark <Mark.A.Jones@fpl.com>\nSubject: Question - Transporting Batteries in a Single Package for Recycling\nHi,\nI am kindly requesting a formal written reply to my question regarding the transportation of small used non-spillable\nbatteries and small used batteries, dry, sealed (i.e., ni-cad batteries) for recycling. We ship these types of batteries by\nground in separate packages (e.g., drum or box) from various company facilities to our company's central accumulation\ncenter. Prior to transportation, all the terminals on these batteries are protected to prevent short circuits and the\nevolution of heat. The facilities ship the small used non-spillable batteries that meet all the conditions set forth in the\nexception at 49 CFR 173.159a(d). The facilities also ship the small used batteries, dry, sealed that meet all the\nconditions set forth at Special Provision 130.\nBased on our interpretation, used non-spillable batteries are excepted from the HMR when the conditions in paragraph\n§173.159a(c) are met whereby the batteries are packed in a strong outer packaging, braced to prevent short circuits and\nevolution of heat, and the outer packaging is marked with \"NONSPILLABLE\" or \"NONSPILLABLE BATTERY'. Special\nProvision 130(b) in §172.102 excepts \"Batteries, dry, sealed, n.o.s.\" (new or used) from the HMR when they are securely\npackaged and offered for transportation in a manner that prevents the evolution of heat and protects against short\ncircuits. For efficiency, can we combine these two types of batteries in the same package for recycling that complies\nwith the packaging requirements at §173.159a(c)(l) (i.e., packed in a strong outer packaging, braced to prevent short\ncircuits and evolution of heat), and the marking requirement at §173.159a(c)(2) (i.e., outer packaging marked with\n\"NONSPILLABLE\" or \"NONSPILLABLE BATTERY')?\nRespectfully,\nFrank Nesbihal\nFrank Nesbihal, CHMM, QEP\nPrincipal Environmental Engineer\nEnvironmental Services\n561-691-2341 (office)\n561-762-6278 (cell)\nFlorida Power & Light Company\n1\n\n<<<PAGE 4>>>\n\n700 Universe Blvd JES/JB\nJuno Beach, FL 33408\n2","truncated":false,"body_characters":5102}