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Interpretation Response #12-0180 ([Concorde Battery] [Mr. Steve Delmar])

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

Interpretation Response Details

Response Publish Date:

Company Name: Concorde Battery

Individual Name: Mr. Steve Delmar

Location State: CA Country: US

View the Interpretation Document

Response text:

October 25, 2012


Mr. Steve Delmar
Director of Environmental Health and Safety
Concorde Battery
2009 San Bernadino Rd
West Covina, CA 91790

Reference No.: 12-0180

Dear Mr. Delmar:

This is in response to your August 12, 2012 letter requesting clarification on marking requirements for non-spillable batteries under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). You present a scenario where non-spillable batteries are marked "NONSPILLABLE" or "NONSPILLABLE BATTERY" both on the battery itself and its outer packaging in accordance with the packaging exception provided in § 173.159a(c)(2). The batteries are then palletized, and in the process of creating this palletized load the "NONSPILLABLE" marking is covered up with corrugated sheeting and/or stretch wrap. You ask if the outer pallet wrapping material must also be marked "NONSPILLABLE."

The answer is no. In the scenario you describe, your properly marked and packaged non-spillable batteries are then consolidated on a skid using corrugated sheeting and/or stretch wrap. There is no requirement in the HMR to carry the "NONSPILLABLE" marking over to the outside of the corrugated sheeting or stretch wrap.

I trust this satisfies your inquiry. Please contact us if we can be of further assistance.



Delmer Billings
Senior Regulatory Advisor
Standards and Rulemaking Division


Regulation Sections

Section Subject
173.159 Batteries, wet