Interpretation Response #07-0026 ([American Electric Power] [Mr. Ray Wirt])

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

Interpretation Response Details

Response Publish Date: 09/18/2007

Company Name: American Electric Power

Individual Name: Mr. Ray Wirt

Location State: OH Country: US

View the Interpretation Document

Response text:

SEP 18, 2007

Mr. Ray Wirt                          Ref. No.: 07-0026

American Electric Power

1102 Brandi Drive, SW

Strasburg, OH 44680-9790

Dear Mr. Wirt:

This is in response to your February 5, 2007 letter regarding the transportation of batteries under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). In your letter you describe a scenario where electric storage batteries are transported with other hazardous materials that are used for vehicle maintenance purposes or the safety of the driver. You ask if the presence of these other hazardous materials affects the applicability of the exception in § 173.159(e).

As specified in § 173.159(e), electric storage batteries containing electrolyte or corrosive battery fluid are not subject to the HMR for transportation by highway or rail if all of the following requirements are met: (1) no other hazardous materials may be transported in the same vehicle; (2) the batteries must be loaded or braced so as to prevent damage and short circuits in transit (e.g., by the use of non-conductive caps that entirely cover the terminals); (3) any other material loaded in the same vehicle must be blocked, braced, or otherwise secured to prevent contact with or damage to the batteries; and (4) the transport vehicle may not carry material shipped by any person other than the shipper of the batteries. If the transport vehicle contains any other hazardous materials, even those excepted from all or part of the HMR (e.g., materials of trade; see § 173.6), the exception in § 173.159(e) does not apply. Materials necessary for the safety of the driver or maintenance of the vehicle are not "in commerce" (e.g., fire extinguishers or road flares required under the Federal Motor Carrier Safety Regulations (49 CFR Parts 390 397) and integral safety equipment excepted under § 173.220(e)) and do not effect the applicability of § 173.159(e).

I hope this information is helpful. If you have further questions, please do not hesitate to contact this office.

Sincerely,

Hattie L. Mitchell

Chief, Regulatory Review and Reinvention

Office of Hazardous Materials Standards

173.159(e)

Regulation Sections