Express Transport by Air Inc. — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department Washington, D.C. 400 Seventh Street, S.W. 20590 Research and Special Programs Administration NOV 2 1999 Ms. Angela Flynn Ref. No. 99-0258 Express Transport by Air Inc. 2530 Polk Street Union, NJ 07083 Dear Ms. Flynn: regarding clarification on the marking requirements for non- This is in response to your letter dated September 8, 1999, Materials Regulations (HMR; 49 CFR Parts 171-180): Specifically, spillable batteries contained in equipment under the Hazardous you ask whether the outer packaging containing both the battery and equipment must be marked "NON-SPILLABLE" or "NON-SPILLABLE BATTERY." Section 173.159 (d) (2) requires each non-spillable battery and its or "NONSPILLABLE BATTERY" if the battery was manufactured after and is placed in an outer packaging (e.g., fiberboard box), the "NONSPILLABLE" or "NONSPILLABLE BATTERY." battery and the outer packaging must be marked either I hope this satisfies your inquiry. Sincerely, John . Gale Transportation Regulations Specialist Office of Hazardous Materials Standards 173,159 990258#

Page 2EXPRESS TRANSPORT BY AIR INC. LT (HI TECH FORWARDER NETWORK) Air, Ocean, Customs Brokerage, Warehousing & Distribution • 3rd Party Logistics BAH September 08, 1999 $173.159 99-0258 Attention: D.O.T. Haz. Mat. Information Center From: Angela Flynn Kindly provide me with written clarification of the following question: My client is shipping a balloon pump which contains non-spillable type batteries (which are an integral part of and necessary for the operation of this mechanical equipment). According to Section 173.159 (d)- A non-spillable wet electric storage battery is Excepted from all other requirements of the subchapter under the listed conditions: *Please note: (2) For batteries manufactured after September 30, 1995, the battery and the out packaging must be plainly and durably marked "non spillable" or nonspillable battery" The batteries meet all criteria stipulated.... .... however, our question is since the batteries are part of the equipment and contained within the equipment, does the outside of the box which houses the mechanical equipment need to be marked "nonspillable battery". We have received two different answers to this question.... ... one being that the box must be marked only if they contain the batteries themselves and not if they are inside the mechanical device. The other answer was that the outer packaging must be marked regardless. Kindly clarify if the cartons must be marked with the words Non Spillable". I have reviewed section 173.159 D but I could not see where it makes mention of this. Your prompt assistance to this inquire would be greatly appreciated. ry truly yours engela FI 2530 Polk St. Union, New Jersey 07083 • (908) 688-7888 • (908) 688-8834 (fax) www.etanj.com • E-Mail: ETA!@attmail.com#