Interpretation Response #24-0035
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Railsback HazMat Safety Professionals, LLC
Individual Name: Rex Railsback
Location State: KS Country: US
View the Interpretation Document
Response text:
September 25, 2024
Rex Railsback
HazMat/DOT Specialist
Railsback HazMat Safety Professionals, LLC
312 Lawrence Ave, Lawrence, KS 66049
Reference No. 24-0035
Dear Mr. Railsback:
This letter is in response to your June 3, 2024, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the definition of a bulk packaging. You believe the answers provided in Letter of Interpretation (LOI) Ref. No. 23-0052 conflict with both the definition of bulk packaging in § 171.8 and the answers provided in LOI Ref. Nos. 15-0168R and 17-0050. Specifically, you ask whether the answers provided in LOI Ref. No. 23-0052—which states that in the instance of authorized non-specification packaging of a battery secured to a skid or pallet, the weight of the battery determines whether a package is considered bulk or non-bulk—were intended to mean that both the net mass and the maximum capacity requirements must be considered when determining if a packaging used for batteries is a bulk packaging.
The answer is no. Generally, batteries and other similar articles are considered solids for the purposes of the HMR when packed in authorized packaging; however, PHMSA—in the instance of batteries secured to pallets or skids as in §§ 173.159(d)(1) and 173.185(b)(5)—maintains that the weight of the battery alone should be used to determine whether the packaging is considered bulk or non-bulk.
I hope this information is helpful. Please contact us if we can be of further assistance.
Sincerely,
Dirk Der Kinderen
Chief, Standards Development Branch
Standards and Rulemaking Division
173.159(d)(1), 173.185(b)(5)
Regulation Sections
| Section | Subject |
|---|---|
| 173.159 | Batteries, wet |
| 173.185 | Lithium cells and batteries |