{"operation":"document","citation":"98-0542","title":"Myers Industries — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"1998-01-29","effective_on":null,"summary":"98-0542 response to Myers Industries concerning 173.159.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-98-0542.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-98-0542.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-98-0542","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/1998/980542.pdf","body":"<<<PAGE 1>>>\n\n:\nU.S.Department\nof Transportation\n400 Seventh Street, S.W.\npecial Program\nesearch ane\nWashington, D.C.\n20590\nAdministration\nJAN 2 9 1998\nMs. Barb Germano\nMyers Industries\n1293 S. Main Street\nAkron, OH 44301\nDear Ms. Germano:\nThis is in response to your letter and telephone conversation with Helen Engrum of my staff\nconcerning requirements for shipping a battery charger under the Hazardous Materials\nRegulation (HMR; 49 CFR Parts 171-180). I apologize for the delay in responding and\nhope it has not caused any inconvenience.\nA battery charger device containing a battery described as \"Batteries, wet, filled with acid,\n8, UN 2794, PG III\" is subject to the requirements specified in 49 CFR 173.159. The\npackaging must be marked \"Batteries, wet filled with acid, UN 2794,\" a CORROSIVE label\nmust be applied, and a shipping paper and emergency response information must be\nprovided. However, you may not be subject to the requirements of the HMR if you ship\nyour battery charger under the provisions in § 173.159(e).\nI hope this information is helpful. If we can be of further assistance, please contact us.\nSincerely,\nDuhm Hip\nDelmer F. Billings\nChief, Regulations Development\nOffice of Hazardous Materials Standards\n\n<<<PAGE 2>>>\n\nNOU 8'9E 13:48 FR MYERS IND\n330 253 1829 TO 12023668700\nP.01\n\"i s\nEngrum\nFile 173.159\n25°\nMYERS INDUSTRIES\nSC: 127,\n1293.S MAIN ST\nAKRON, OH 44301\nFAX COVER\nSHEET\nDATE: NOVS, 1996\nTO:\nD.O.I.\nPHONE: 800-467-4922\nFAX:\n202-366-8700\nFROM: BARB GERMANO\nPHONE: 330-253-5592 X7093\nMYERS IND.\nFAX:\n330-353-6568\nRE:\nBatteries, UN 2794\n330 761-6156\nNumber of pages including cover sheet: 1\n•.\n:\nMessage\n•.\nWe are a distributor of tire repair materials and under car maintenance\nproducts. One of our products is a type of battery charger called a Jump\nStarter.\nWhen we received the product from our vendor, the carton had a Corsive\nlabel on it but no Proper Shipping Name and no UN number.\nI called the company to question them about the lack of Hazardous\ninformation on the carton (especially since the bill of lading showed the\nshipment as containing: LEAD ACID BATTERY, WET, FILLED WITH\nACID, 8, UN 2794, PG III). The person I spoke to said that this information\nis not required on batteries. She said that the Corrosive label is all that is\nneeded.\nThis is not a sealed battery. The carton has a warning on it concerning the\npossibility of spilling the acid.\nI asked the vendor for an MSDS which they are mailing today.\nI have been shipping Hazardous Materials for almost 15 years and am fairty\nfamiliar with the regulations for the products we ship. Flowever, this is a DEw\nproduct and I don't want to make a mistake.\nWould you please give me a call or fax an answer to me. Thank you. Barb\nGermano\n:","truncated":false,"body_characters":2742}