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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.



Delmer F. Billings

Chief, Standards Development

Office of Hazardous Materials Standards


Regulation Sections

Section Subject
173.220 Internal combustion engines, vehicles, machinery containing internal combustion engines, battery-powered equipment or machinery, fuel cell-powered equipment or machinery