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Interpretation Response #05-0312 ([Wiley Rein & Fielding LLP] [Mr. George A. Kerchner])

Below is the interpretation response detail and a list of regulations sections applicable to this response.

Interpretation Response Details

Response Publish Date:

Company Name: Wiley Rein & Fielding LLP

Individual Name: Mr. George A. Kerchner

Location State: DC Country: US

View the Interpretation Document

Response text:

Jan 17, 2006


Mr. George A. Kerchner                    Reference No. 05-0312
Wiley Rein & Fielding LLP
1776 K Street NW
Washington, DC 20006

Dear Mr. Kerchner:

This responds to your letter of November 30, 2005, requesting clarification of the placarding requirements in the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask if a shipper who offers a carrier a shipment consisting of excepted nonspillable lead acid batteries, Batteries, wet filled with acid, 8 UN2794 PG III and Battery fluid, acid, 8, UN2796, PG II must consider the weight of the excepted nonspillable batteries when determining the aggregate gross weight of Table 2 materials on the vehicle under § 172.504(c) of the HMR?

The answer is no. Hazardous materials listed in Table 2 in § 172.504(e) of the HMR that do not require placards are not included in the aggregate gross weight used for placarding determinations.

I hope this information is helpful. Please contact us if you require additional assistance



John A. Gale
Standards Development
Office of Hazardous Materials Standards

172.504(c), 173.159(d)

Regulation Sections

Section Subject
172.504 General placarding requirements
173.159 Batteries, wet