Interpretation Response #01-0054R ([Georgia Department of Public Safety] [Captain Bruce Bugg])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Georgia Department of Public Safety
Individual Name: Captain Bruce Bugg
Location State: GA Country: US
View the Interpretation Document
Response text:
June 3, 2008
Captain Bruce Bugg
Motor Carrier Compliance Division
Georgia Department of Public Safety
PO Box 1456
Atlanta, GA 30371
Ref. No. 01-0054
Dear Captain Bugg:
This letter serves as a rescission of our April 20, 2001 letter responding to your request for clarification of requirements for the transportation of batteries under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you asked if electric storage batteries resting on a rubber friction mat and pushed against the forward wall of a compartment meets the requirements of § 173.159(e)(2). Upon further review, we find our previous response to your question to be incomplete. Your question is answered below. We apologize for any inconvenience this may have caused.
Electric storage batteries must be loaded or braced in order to prevent damage and short-circuits in transit. It is the opinion of this Office that placing electric storage batteries on a slip-resistant surface such as a rubber friction mat and pushing the batteries against the forward wall of a less-than-full compartment may not by itself be sufficient to achieve the performance standards of § 173.159(e)(2) and therefore, the batteries may have to be loaded differently or braced in a manner to achieve the standard. However, loading and transporting the batteries without bracing using a method that includes placing the batteries on a slip-resistant surface and pushing the batteries against the forward wall may be sufficient. For example, a number of distributors of electric storage batteries use a method of loading batteries in a specially-designed "Mickey Body" truck that incorporates the use of a slip-resistant surface and tightly loaded batteries pushed toward the forward and interior walls of a less-than-full compartment in combination with shelves in compartments that slope downward to the interior of the compartment. This method of loading and transport has had widespread and historical use without incidence of damage or short circuiting while in transit. This information is described in greater detail in our enclosed letter to Mr. Dan Lane of the Interstate Battery System of America, Inc. (Ref. no. 08-0067). If a company transports the electric storage batteries as described in the enclosed letter, then the batteries do not need to be braced. However, if evidence indicates batteries transported using this loading method and truck design are damaged or short circuited while in transport, then the performance standards of § 173.159(e)(2) are not achieved. This does not necessarily mean the batteries must then be braced but rather that the batteries must be loaded differently or braced in a manner to prevent damage or short circuiting while in transit.
I have enclosed a copy of prior correspondence with Mr. Dan Lane of Interstate Battery System of America, Inc. related to this issue. If we can be of further assistance, please contact us.
Sincerely,
Edward T. Mazzullo
Director
Office of Hazardous Materials Standards
Enclosure:
Letter of Interpretation 08-0067
173.159(e)(2)
Regulation Sections
| Section | Subject |
|---|---|
| 173.159 | Batteries, wet |