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: 01/17/2006

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