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Interpretation Response #07-0092 ([Florida Power and Light Co.] [Mr. Frank Nesbihal, CHMM])

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

Interpretation Response Details

Response Publish Date:

Company Name: Florida Power and Light Co.

Individual Name: Mr. Frank Nesbihal, CHMM

Location State: FL Country: US

View the Interpretation Document

Response text:

Jun 12, 2007

 

Mr. Frank Nesbihal, CHMM                 Reference No. 07-0092
Principal Environmental Specialist
Florida Power and Light Co.
700 Universe Blvd. JES/JB
Juno Beach, FL 33408

Dear Mr. Nesbihal:

This is in response to your May 9, 2007 letter requesting clarification of the requirements for lead acid batteries prescribed by the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask if the provisions in § 173.159(e)(l) stating, “no other hazardous materials may be transported in the same vehicle,” prohibit you from equipping each trailer with a fire extinguisher for use in the event of an emergency.

As provided in § 171.1, the HMR apply to the transportation of hazardous materials in commerce. For the purposes of your letter, we have assumed that the fire extinguisher is indeed a hazardous material. However, given that the fire extinguisher is an integral part of the motor vehicle (e.g., fuel systems, fire extinguishers, cargo heaters, and air conditioners), it is not in commerce. The intent of § 173.1 59(e)(1) is to prohibit the transportation in commerce of any other hazardous materials in the same vehicle with the batteries. Therefore, § 173.159(e)(1) does not prohibit you from equipping each trailer with a fire extinguisher for use in the event of an emergency.

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)(1), 171.1

Regulation Sections

Section Subject
171.1 Applicability of Hazardous Materials Regulations (HMR) to persons and functions
173.159 Batteries, wet