Interpretation Response #06-0240 ([H.C. Gabler, Inc.] [Mr. Robert L. Summers ])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: H.C. Gabler, Inc.
Individual Name: Mr. Robert L. Summers
Location State: PA Country: US
View the Interpretation Document
Response text:
Nov 16, 2006
Mr. Robert L. Summers Reference No. 06-0240
Operations Manager
H.C. Gabler, Inc.
P.O. Box 220
Chambersburg, PA 17201-0220
Dear Mr. Summers:
This responds to your August 11, 2006 letter concerning the applicability of the
Hazardous Materials Regulations (49 CFR Parts 17 1-180) to shipments of wet batteries.
Specifically, you ask about the exception in § 173.159(e) for shipments of electric storage
batteries containing electrolyte or corrosive battery fluid.
According to your letter, you are a third-party logistics provider handling battery shipments from several different manufacturers. You ask if you may utilize the exception in § 173.159(e) to consolidate battery shipments from several different manufacturers on one transport vehicle.
In accordance with § 173.159(e), electric storage batteries containing electrolyte or corrosive battery fluid are excepted from regulation under the HMR for transportation by highway or rail provided no other hazardous materials are transported in the same vehicle; the batteries are loaded or braced to prevent damage and short circuits in transit; any other material in the vehicle is secured to prevent contact with or damage to the batteries; and the transport vehicle does not carry any material shipped by any person other than the shipper of the batteries.
Under the HMR, transportation in commerce begins when a carrier takes physical possession of a hazardous material for purposes of transporting it and continues until the hazardous material is delivered to the destination indicated on a shipping document, package marking, or other medium (see § 171.1(c)). For the scenario described in your letter, transportation of the batteries delivered to your warehouse ends upon delivery provided the shipping documentation indicates that your warehouse is the shipment destination. For subsequent transportation of these batteries, you are considered the
shipper for purposes of the HMR and may utilize the exception in §173.159(e.) to consolidate batteries from different manufacturers on one transport vehicle.
I hope this answers your inquiry.
Sincerely,
John A. Gale
Chief, Standards Development
Office of Hazardous Materials Standards
173.159(e)
Regulation Sections
| Section | Subject |
|---|---|
| 173.159 | Batteries, wet |