Interpretation Response #04-0238 ([3M Transportation Department] [Mr. Raymond T. Duzynski])

Below is the interpretation response detail and a list of regulations sections applicable to this response.

Interpretation Response Details

Response Publish Date: 11/19/2004

Company Name: 3M Transportation Department

Individual Name: Mr. Raymond T. Duzynski

Location State: MN Country: US

View the Interpretation Document

Response text:

Nov 19, 2004

Mr. Raymond T. Duzynski                Reference No. 04-0238
Regulatory Analyst
3M Transportation Department
3M Center
St. Paul, MN 55144

Dear Mr. Duzynski

This responds to your October 11, 2004 letter requesting clarification of the packaging requirements for nonspillable batteries in § 173.159 of the Hazardous Materials Regulations (HMR; 49 C Parts 171-180). Specifically, you ask if a nonspillable battery that does not meet the exception for nonspillable batteries under § 173.159(d), but is packaged in accordance with § 173.159(c)(6), can be shipped in a wooden crate together with the equipment that it powers. In addition, you ask if this configuration meets the definition of an overpack, and if it must be marked with a statement indicating that the inside packagings comply with prescribed specifications.

A nonspillable battery that is packaged in accordance with § 173.1 59(c)(6) may be placed inside a wooden crate that also contains the equipment it powers. This shipping configuration is referred to as an overpack, as defined in § 171.8. It requires the battery to be packaged in accordance with § 173.159(c)(6) and the overpack to meet the requirements specified in 173.25.

Section 173.25(a)(2) states that an overpack must be marked with the proper shipping name and identification number and labeled for the hazardous material contained therein, unless the markings and labels representative of each hazardous material in the overpack are visible. In addition, 173.25(a)(4) states that in the event that the required specification markings on the hazardous materials packaging are not visible, the overpack must be marked with a statement indicating that the inside packages comply with prescribed specifications. As you indicated, your battery is packaged in accordance with § 173. 159(c)(6) and is excepted from specification packaging. Therefore, the overpack you describe is not required to be marked with a statement indicating that the inside packagings comply with prescribed specifications.

I hope this information is helpful. Please contact us if you require additional assistance.

Sincerely,

John A. Gale
Chief Regulations Development
Office of Hazardous Materials Standards

173.159(c)(6)

Regulation Sections