Interpretation Response #14-0037 ([Patton Boggs LLP] [Ms. Carolina Medero])

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

Interpretation Response Details

Response Publish Date: 03/12/2014

Company Name: Patton Boggs LLP

Individual Name: Ms. Carolina Medero

Location State: DC Country: US

View the Interpretation Document

Response text:

March 12, 2014

Ms. Carolina Mederos
Patton Boggs LLP
2550 M Street, NW
Washington, DC 20037

Ref. No.: 14-0037

Dear Ms. Mederos:

This responds to your February 12, 2014 letter and previous conversations with members of my staff requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the configuration of wet batteries on a pallet.  In your letter, you propose two non-specification packaging configurations for highway transport and ask whether they comply with the provisions of the HMR as provided in § 173.159(d), that authorize the use of non-specification packagings for batteries packed without other materials.  Your configurations are paraphrased below:

Configuration #1

Batteries are placed on the bottom layer of a pallet.  Battery terminals are protected with non-conductive caps or tape in compliance with § 173.159(a)(2) of the HMR.  The batteries are not in a box or a slip cover; therefore, this configuration is not utilizing the non-specification packagings authorized by § 173.159(d)(3)-(7).  Strong corrugated cardboard or rigid plastic is placed on top of this bottom layer of batteries and then shrink-wrapped with the batteries.  If the batteries do not fill the entire pallet area, empty cardboard or plastic boxes are used to fill that space to ensure the batteries are securely cushioned and packed to prevent shifting.  The empty boxes could include inert packing material.  On top of the shrink-wrapped battery layer we may place a shrink-wrapped layer of other items, hazmat or non-hazmat, with all hazmat items properly packaged according to the appropriate HMR packaging provision.  All layers are shrink-wrapped together to ensure the entire load is secure.  Each layer is capable of supporting the weight of the layer or layers on top.

Configuration #2

This configuration involves the use of two pallets.  Batteries are placed on a pallet and shrink-wrapped to the pallet to secure the batteries from movement.  Battery terminals are protected with non-conductive caps or tape in compliance with § 173.159(a)(2) of the HMR.  No materials other than the batteries are placed on the pallet, regardless of whether the batteries fill up the entire pallet area.  The batteries are not in a box or a slip cover; therefore, this configuration is not utilizing the non-specification packagings authorized by § 173.159(d)(3)-(7).  This pallet of batteries is placed on top of another pallet, which may hold one or more layers of non-battery items, hazmat and non-hazmat, with all hazmat items properly packaged according to the appropriate HMR packaging provisions.  The two pallets are shrink-wrapped together to ensure the entire load is secure.

Based on the information and diagram provided in your letter, Configuration #2 would meet the conditions and requirements of § 173.159(d)(1) for highway transport provided all requirements of § 173.159(a) were also met.  In accordance with § 173.159(d)(1), the electric storage batteries may be firmly secured to skids or pallets capable of withstanding the shocks normally incident to transportation.  The height of the completed unit must not exceed 1 ½ times the width of the skid or pallet.  The unit must be capable of withstanding, without damage, a superimposed weight equal to two times the weight of the unit or, if the weight of the unit exceeds 907 kg (2,000 pounds), a superimposed weight of 1814 kg (4,000 pounds).  Battery terminals must not be relied upon to support any part of the superimposed weight and must not short out if a conductive material is placed in direct contact with them.

Furthermore, as specified in paragraph § 173.159(a), electric storage batteries and any battery or battery-powered device must be prepared and packaged for highway transport in a manner to prevent: (1) a dangerous evolution of heat; (2) short circuits; and (3) damage to terminals.

I trust this satisfies your inquiry.  Please contact us if we can be of further assistance.

Sincerely,

Charles E. Betts
Director, Standards and Rulemaking Division

173.159

Regulation Sections