Interpretation Response #08-0124 ([Dist-Trans Company] [Mr. Daniel Raver])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Dist-Trans Company
Individual Name: Mr. Daniel Raver
Location State: OH Country: US
View the Interpretation Document
Response text:
June 11, 2008
Mr. Daniel Raver
Safety & Compliance Manager
Dist-Trans Co.
1654 Williams Road.
Columbus, OH 43207
Ref. No.: 08-0124
Dear Mr. Raver:
This responds to your April 24, 2008 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 offeror of the batteries does not use the exception. For example, if an offeror provides placards to the carrier for a shipment of batteries, the carrier may choose to ship the batteries in accordance with § 173.159(e) and not display the placards on the transport vehicle. In this situation, the carrier must ensure that the requirements in § 173.159(e) are met.
A shipment of batteries made in accordance with § 173.159(e) does not require a shipping paper. Therefore, the bill of lading is not required to indicate 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
Regulation Sections
| Section | Subject |
|---|---|
| 173.159 | Batteries, wet |