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Interpretation Response #13-0182 ([LabelMaster Services] [Mr. Robert Richard])

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

Interpretation Response Details

Response Publish Date:

Company Name: LabelMaster Services

Individual Name: Mr. Robert Richard

Location State: IL Country: US

View the Interpretation Document

Response text:

November 1, 2013

Mr. Robert Richard
Vice President Labelmaster Services
5724 N. Pulaski Road
Chicago, IL 60646

Ref. No.: 13-0182

Dear Mr. Richard:

This is in response to your July 29, 2013 letter, requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to non-spillable batteries.  Your questions are paraphrased and answered as follows:

Q1.  When non-spillable batteries are shipped in an overpack e.g. a shrink wrapped pallet, must the word OVERPACK appear on the overpack?

A1. No, an overpack must be marked with the word OVERPACK when specification packagings are required, unless specification markings on the inside packagings are visible. Non-spillable batteries are not required to be placed in specification packages.

Q2.  Do the words NON-SPILLABLE or NON-SPILLABLE BATTERY have to be marked on the overpack if they are not clearly visible through the overpack?

A2.  No, the words NON-SPILLABLE or NON-SPILLABLE BATTERY need only appear on the battery and the outside package.

Q3.  Do the HMR prescribe requirements for the size or place of the words NONSPILLABLE or NONSPILLABLE BATTERY?

A3.  The words NONSPILLABLE or NONSPILLABLE BATTERY must be plainly and durably marked on the battery and the outer packaging.  The HMR do not specify a particular size or location for the marks.  Any method that affixes the required markings to the package in a durable manner is acceptable.  

Q4. Why do the HMR in § 173.159a(c)(2) waive the requirement to mark an unpackaged piece of equipment with the words NONSPILLABLE or NONSPILLABLE BATTERY but applies this requirement if the same piece of equipment is placed into an outer package?

A4.  A nonspillable battery and the outer packaging containing a nonspillable battery must be plainly and durably marked "NONSPILLABLE" or "NONSPILLABLE BATTERY."  This requirement also applies to both a nonspillable battery contained in equipment placed in an outer packaging and a nonspillable battery packed with equipment placed in an outer packaging.  The marking facilitates the easy identification of a nonspillable battery by carriers, reshippers, and compliance enforcement personnel to know whether the battery being shipped may be offered for transportation or transported under the general exception of § 173.159a.  For a nonspillable battery contained in equipment and transported without outer packaging, the marking is not required on the outside of the equipment.  This complements the provisions in § 173.220(c) applicable to UN3171, Battery Powered Equipment.

I hope this information is helpful.  If you have further questions, please do not hesitate to contact this office.

Sincerely,

Delmer Billings
Senior Regulatory Advisor
Standards and Rulemaking Division

173.159, 173.220

Regulation Sections

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