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Interpretation Response #14-0234 ([Club Assit, North America] [Ms. Shelley Elzer])

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

Interpretation Response Details

Response Publish Date:

Company Name: Club Assit, North America

Individual Name: Ms. Shelley Elzer

Location State: FL Country: US

View the Interpretation Document

Response text:

May 21, 2015

Shelley Elzer, CAFM
Fleet Manager
Club Assit, North America
155 Technology Park
Lake Mary, FL  32746

Reference No. 14-0234

Dear Ms. Elzer:

This is in response to your recent e-mail and March 27, 2015 conversation with a member of my staff requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the registration requirements prescribed in 49 CFR Part 107, Subpart G.  You state your company transports three rows of batteries by motor vehicle in conformance with § 173.159(e), each row is separated by corrugated cardboard, the batteries are shrink-wrapped to pallets, and the entire package measures 44 inches long, 40 inches wide, and 33 inches in height.  Specifically, you ask if shippers who offer for transportation and transport “UN 2794, Batteries, wet, filled with acid, electric storage, 8 (corrosive), Packing Group (PG) III,” in conformance with § 173.159(e) are required to register with the Pipeline and Hazardous Materials Safety Administration (PHMSA) under this subpart.

Based on the information you provided, the answer is no.  Only companies that engage in the activities specified in § 107.601 are required to register with PHMSA.  For Class 8, wet acid batteries, these activities may include shipments of:  1) bulk packagings with a capacity of more than 13.24 cubic meters (468 cubic feet) for solids, 2) non-bulk packagings with a gross weight of 2,268 kg (5,000 pounds) or more for which placarding is required, or 3) a quantity of hazardous material that requires placarding under 49 CFR Part 172, Subpart F.  Shippers and carriers of packages that do not meet the size requirements prescribed in § 107.601(a)(4), such as your company’s packages, are not required to register under 49 CFR Part 107.  Packages of batteries prepared and offered for transportation in conformance with § 173.159(e) are excepted from placarding.  Packages of wet acid batteries that are not required to be placarded are not subject to the registration requirements prescribed in § 107.601(a)(5) and (a)(6); therefore, shippers and carriers of these wet acid batteries are not required to register with PHMSA under 49 CFR Part 107.

I hope this satisfies your request.


T. Glenn Foster
Chief, Regulatory Review and Reinvention Branch
Standards and Rulemaking Division

173.159(e), 107.601, 107.601(a)(4), 107.601(a)(5) and (a)(6)

Regulation Sections

Section Subject
107.601 Applicability
107.601 Applicability
107.601 Applicability
173.159 Batteries, wet