Interpretation Response #05-0216 ([J.B. Hunt Transport, Inc.] [Mr. Loren Wish])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: J.B. Hunt Transport, Inc.
Individual Name: Mr. Loren Wish
Location State: AR Country: US
View the Interpretation Document
Response text:
Jan 17, 2006
Mr. Loren Wish Reference No. 05-0216
Compliance Manager
J.B. Hunt Transport, Inc.
615 J.B. Hunt Corp Drive
Lowell, AR 72745
Dear Mr. Wish:
This responds to your September 9, 2005 letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask if a carrier may use the exception for electric storage batteries provided in § 173.159(e) when the original shipper of the batteries chooses not to use the exception. Additionally, you ask if the bill of lading must include a statement indicating that the batteries are transported in accordance with § 173.159(e).
Section 173.159(e) provides relief from the requirements of the HMR for shipments of electric storage batteries containing electrolyte or corrosive battery fluid when the following conditions are met:
(1) Transportation is by highway or rail;
(2) No other hazardous materials are transported in the same vehicle;
(3) The batteries are loaded or braced to prevent damage or short circuits during transportation;
(4) Any other material loaded in the same vehicle is blocked, braced, or otherwise secured to prevent contact with or damage to the batteries; and
(5) The transport vehicle does not carry material shipped by any person other than the shipper of the batteries.
A carrier may use the exception in § 173.159(e), even when the shipper of the batteries does not choose to use the exception. For example, if a shipper provides placards to the carrier for a shipment of batteries, the carrier may choose not to display the placards on the transport vehicle if the shipment satisfies the conditions of the exception provided in § 173.159(e). The bill of lading is not required to include a statement indicating that the batteries are transported in accordance with § 173.159(e).
I hope this information is helpful. Please contact us if you require additional assistance.
Sincerely,
John A. Gale
Chief, Standards Development
Office of Hazardous Materials Standards
173.159(e)
Regulation Sections
Section | Subject |
---|---|
173.159 | Batteries, wet |