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Interpretation Response #11-0162 ([Duke Energy Corporation] [Mr. Chuck Denny])

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

Interpretation Response Details

Response Publish Date:

Company Name: Duke Energy Corporation

Individual Name: Mr. Chuck Denny

Location State: NC Country: US

View the Interpretation Document

Response text:

September 12, 2011



Mr. Chuck Denny

Duke Energy Corporation

526 South Church Street, EC13K

Charlotte, NC 28202

Ref. No.: 11-0162

Dear Mr. Denny:

This responds to your July 12, 2011 request for clarification and subsequent telephone conversation with a member of my staff on the applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to a trailer containing six permanently mounted wet electric storage batteries. In addition to the permanently mounted batteries, you seek to transport additional wet electric storage batteries in the same trailer. Specifically, you ask whether you may transport the trailer under the exceptions provided by § 173.159(e).

The answer is yes. The trailer described in your letter containing permanently mounted wet electric storage batteries must be transported in accordance with § 173.159 of the HMR. You may transport additional batteries in the same trailer provided those batteries are also transported in accordance with the applicable requirements of § 173.159. Provided all of the batteries in the trailer meet the requirements of § 173.159(e) including protection from short circuits and damage they would not be subject to any other requirements of the HMR.

I hope this answers your inquiry. If you need additional assistance, please contact the Standards and Rulemaking Division at (202) 366-8553.



Ben Supko

Acting Chief, tStandards Development

Standards and Rulemaking Division


Regulation Sections

Section Subject
173.159 Batteries, wet