{"operation":"document","citation":"23-0052","title":"Dayton Freight Lines, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2024-05-10","effective_on":null,"summary":"23-0052 response to Dayton Freight Lines, Inc. concerning 171.8, 172.331, 173.159.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-23-0052.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-23-0052.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-23-0052","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/2024-05/230052.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nMay 10, 2024\nMr. Justin Sharkey\nDirector of Safety\nDayton Freight Lines, Inc.\nP.O. Box 340\nVandalia, OH 45377-0340\nReference No. 23-0052\nDear Mr. Sharkey:\nThis letter is in response to your May 18, 2023, letter and conversations with my staff requesting\nclarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable\nto the shipment of batteries. In your letter, you reference Letter of Interpretation (LOI) 16-0081,\n1\nin which PHMSA states that an electric storage battery exceeding 400 kg (882 lbs.) and secured\nto a pallet is considered a bulk package under § 173.159(d)(1).\nWe have paraphrased and answered your questions as follows:\nQ1. You ask whether a battery secured to a pallet and weighing more than 400 kg (882\nlbs.)—with a liquid content of less than 450 L—would meet the definition of a bulk\npackaging when shipped as “UN2794, Batteries, wet, filled with acid, electric storage,\n8.\n”\nA1. In accordance with § 171.8, for solids, a bulk packaging is a packaging with a maximum\nnet mass greater than 400 kg (882 lbs.). It is the opinion of this Office that the weight of\nthe battery determines whether a package meeting the requirements of § 173.159(d)(1) is\nconsidered bulk or non-bulk. Therefore, an electric storage battery exceeding 400 kg\nsecured to a pallet is a bulk package.\nQ2. You ask whether a lithium ion battery shipped as “UN3480, Lithium ion batteries, 9”\nweighing more than 400 kg (882 lbs.) and secured to a pallet would meet the definition of\na bulk packaging.\n1 https://www7.phmsa.dot.gov/regulations/title49/interp/16-0081\n\n<<<PAGE 2>>>\n\nA2. It is the opinion of this Office that the weight of the lithium ion battery, without the\nweight of the pallet, determines whether the lithium ion battery meets the definition of a\nbulk package. Therefore, a lithium ion battery that has a net mass greater than 400 kg\nwould be considered a bulk package.\nQ3. You state that you typically secure batteries to a pallet with banding, shrink wrap, or\nbracing screwed to a pallet. You ask whether there is a specific way batteries must be\nsecured to the pallet to meet the requirements specified in § 173.159(d)(1).\nA3. In accordance with § 173.159(d)(1), the electric storage batteries must be firmly secured\nto skids or pallets capable of withstanding the shocks normally incident to transportation.\nProvided the load secured with banding, shrink wrap, or bracing described in your letter\nis capable of handling shocks normally incident to transportation, the electric batteries\nfirmly secured to skids or pallets would be in conformance with § 173.159(d)(1).\nQ4. You ask whether an electric storage battery described in LOI 16-0081 would need to be\nmarked as a bulk or non-bulk package.\nA4. Please see answer A1. It is the opinion of this Office that the weight of the battery\ndetermines whether a package meeting the requirements of § 173.159(d)(1) is considered\nbulk or non-bulk. Therefore, an electric storage battery exceeding 400 kg secured to a\npallet is a bulk package and is required to be marked with the United Nations (UN)\nidentification number in accordance with § 172.331.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nSteven Andrews\nActing Chief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\nJacobson\n23-0052\nFrom: INFOCNTR (PHMSA)\nTo: Dodd, Alice (PHMSA)\nCc: Hazmat Interps\nSubject: FW: PHMSA Request for Interpretation\nDate: Monday, June 5, 2023 4:42:49 PM\nAttachments: PHMSA Interpretation Request.pdf\nHello Alice,\nPlease see the attached interpretation request.\nLet us know if you need anything else.\nRegards,\n-Breanna\nFrom: Cameron Streutker <cstreutker@daytonfreight.com>\nSent: Thursday, May 18, 2023 4:11 PM\nTo: INFOCNTR (PHMSA) <INFOCNTR.INFOCNTR@dot.gov>\nSubject: PHMSA Request for Interpretation\nCAUTION: This email originated from outside of the Department of Transportation (DOT). Do\nnot click on links or open attachments unless you recognize the sender and know the content\nis safe.\nDear PHMSA,\nAttached is a request for a formal interpretation of the hazardous materials regulations.\nThank you.\nCameron Streutker, CHMM\nEnvironmental & Chemical Specialist\nCorporate Office\nDayton Freight Lines, Inc.\nP: 937.415.1866\nf: 937.264.9163\ni: 803266\ncstreutker@daytonfreight.com\nwww.daytonfreight.com\nDelivering Value Today. Driving The Standard For Tomorrow.\n\n<<<PAGE 4>>>\n\nStandards and Rulemaking Division\nU.S. DOT/PHMSA (PHH-10)\nEast Building\n1200 New Jersey Ave., SE\nWashington, DC 20590\nDear Sir/Madam:\nI have several questions regarding interpretation number 16-0081.\n1. If a battery secured to a pallet weighing more than 400kg (882 Ibs.) is known to contain less\nthan 450 L (119 gals) would it still meet the definition of a bulk pack when shipped as\nUN2794, Batteries, wet, filled with acid?\n2. Would a large lithium-ion battery weighing more than 400kg (882 Ibs.) secured to a pallet\nand shipped as UN3480, Lithium ion batteries also be considered a bulk package?\n3. The batteries we transport are commonly secured to a pallet with banding, shrink/stretch\nwrap, or bracing screwed in to the pallet. Is there a specific manner that the battery must\nbe secured to a pallet to meet the requirements in 173.159 (d)(1)?\n4. Would a battery secured to a pallet that is considered a bulk package based on 16-0081 be\nsubject to the same labeling requirements as other bulk packaging such as an IBC or\nbecause the pallet is an overpack would it require labeling and marking consistent with\nnon-bulk packaging?\nSincerely,\nCameron Strenttin\nCameron Streutker, CHMM\nEnvironmental & Chemical Safety Specialist\nDayton Freight Lines, Inc. • P.O. Box 340 • Vandalia OH 45377-0340\n800.860.5102 • 937.264.4060 • 937.264.4079 fax • daytonfreight.com","truncated":false,"body_characters":5959}