Interpretation Response #01-0267 ([Harry E Smith and Associates] [Ms. Shelly M. Marasco])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Harry E Smith and Associates
Individual Name: Ms. Shelly M. Marasco
Location State: PA Country: US
View the Interpretation Document
Response text:
November 30, 2001
Ms. Shelly M. Marasco Reference No. 01-0267
Sales Coordinator
Harry E Smith and Associates
Box 151, R.D.1
Irwin-Herminie Road
Rillton, PA 15678
Dear Ms. Marasco:
This is in response to your October 10, 2001 letter and subsequent telephone conversation with a member of my staff requesting clarification of the provisions in § 173.220 of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask if a non-spillable battery contained in a forklift is subject to the HMR.
The answer is no. A battery powered forklift equipped with a non-spillable wet electric storage battery, provided the forklift contains no other hazardous materials, is not subject to the HMR
(§ 173.220(a)). A non-spillable battery must be marked "NONSPILLABLE" or "NONSPILLABLE BATTERY," securely installed, fastened in an upright position, and protected from short circuits when contained in mechanical equipment. See § 173.159(d).
I hope this satisfies your request.
Sincerely,
Delmer F. Billings
Chief, Standards Development
Office of Hazardous Materials Standards
173.220