{"operation":"document","citation":"99-0258","title":"Express Transport by Air Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"1999-11-02","effective_on":null,"summary":"99-0258 response to Express Transport by Air Inc. concerning 173.159.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-99-0258.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-99-0258.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-99-0258","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/1999/990258.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\nWashington, D.C.\n400 Seventh Street, S.W.\n20590\nResearch and\nSpecial Programs\nAdministration\nNOV 2 1999\nMs. Angela Flynn\nRef. No. 99-0258\nExpress Transport\nby Air Inc.\n2530 Polk Street\nUnion, NJ 07083\nDear Ms. Flynn:\nregarding clarification on the marking requirements for non-\nThis is in response to your letter dated September 8, 1999,\nMaterials Regulations (HMR; 49 CFR Parts 171-180): Specifically,\nspillable batteries contained in equipment under the Hazardous\nyou ask whether the outer packaging containing both the battery\nand\nequipment must be marked \"NON-SPILLABLE\" or \"NON-SPILLABLE\nBATTERY.\"\nSection 173.159 (d) (2) requires each non-spillable battery and its\nor \"NONSPILLABLE BATTERY\" if the battery was manufactured after\nand is placed in an outer packaging (e.g., fiberboard box), the\n\"NONSPILLABLE\" or \"NONSPILLABLE BATTERY.\"\nbattery and the outer packaging must be marked either\nI hope this satisfies your inquiry.\nSincerely,\nJohn . Gale\nTransportation Regulations Specialist\nOffice of Hazardous Materials Standards\n173,159\n990258\n\n<<<PAGE 2>>>\n\nEXPRESS TRANSPORT BY AIR INC.\nLT (HI TECH FORWARDER NETWORK)\nAir, Ocean, Customs Brokerage, Warehousing & Distribution • 3rd Party Logistics\nBAH\nSeptember 08, 1999\n$173.159\n99-0258\nAttention: D.O.T. Haz. Mat. Information Center\nFrom:\nAngela Flynn\nKindly provide me with written clarification of the following question:\nMy client is shipping a balloon pump which contains non-spillable type batteries (which\nare an integral part of and necessary for the operation of this mechanical equipment).\nAccording to Section 173.159 (d)- A non-spillable wet electric storage battery is Excepted\nfrom all other requirements of the subchapter under the listed conditions:\n*Please note: (2) For batteries manufactured after September 30, 1995, the battery and\nthe out packaging must be plainly and durably marked \"non spillable\" or nonspillable\nbattery\"\nThe batteries meet all criteria stipulated....\n.... however, our question is since the batteries\nare part of the equipment and contained within the equipment, does the outside of the box\nwhich houses the mechanical equipment need to be marked \"nonspillable battery\".\nWe have received two different answers to this question....\n... one being that the box must\nbe marked only if they contain the batteries themselves and not if they are inside the\nmechanical device.\nThe other answer was that the outer packaging must be marked\nregardless.\nKindly clarify if the cartons must be marked with the words Non Spillable\".\nI have reviewed section 173.159 D but I could not see where it makes mention of this.\nYour prompt assistance to this inquire would be greatly appreciated.\nry truly yours\nengela FI\n2530 Polk St. Union, New Jersey 07083 • (908) 688-7888 • (908) 688-8834 (fax)\nwww.etanj.com • E-Mail: ETA!@attmail.com","truncated":false,"body_characters":2863}