eBattery, Inc.

Case Number: 11-0103-BAT-WE

Docket Order: PHMSA-2013-0125

Respondent was assessed a civil penalty of $9,960 for three violations of the HMR when it offered for transportation in commerce lithium batteries, a Class 9 (Miscellaneous) hazardous material, in packagings which were not marked with the proper shipping name and identification number, to which a Class 9 hazard warning label was not affixed, and which were not accompanied by a shipping paper properly describing the lithium-ion batteries as a hazardous material, making this an undeclared shipment (violation No. 1); the packagings were not authorized because the outer packagings were not marked as having been tested and marked as meeting an applicable UN performance standard in the HMR (violation No. 2); and it allowed an employee to perform functions subject to the HMR when the employee had not received the required hazmat employee training (violation No. 4).