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U.S. Department of Transportation U.S. Department of Transportation Icon United States Department of Transportation United States Department of Transportation

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.



John A. Gale
Chief, Standards Development
Office of Hazardous Materials Standards


Regulation Sections

Section Subject
173.159 Batteries, wet