{"operation":"document","citation":"00-0047","title":"Trojan Battery Company — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2000-04-18","effective_on":null,"summary":"00-0047 response to Trojan Battery Company concerning 173.159.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-00-0047.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-00-0047.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-00-0047","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2000/000047.pdf","body":"<<<PAGE 1>>>\n\n$ Transportatio\nS. Departmen\n400 Seventh Street, S.W.\nWashington, D.C.\n20590\nresearch anc\nAdministration\npecial Program\nMs. Diane H. Kennedy, R.E.H.S.\nAPR 1 8 2000\nRef. No. 00-0047\nDirector, Safety and Environmental Affairs\nTrojan Battery Company\n12380 Clark Street\n....\nSanta Fe Springs, California 90670-3804\nDear Ms. Kennedy:\nThis is in response to your letter dated February 1, 2000, requesting clarification on the shipment of\nelectric storage batteries under the Hazardous Materials Regulations (HMR; 49 CFR 171-180)...\nSpecifically, you are requesting clarification on the use of the exception in § 173.159(e).\nAccording to your letter, it is your understanding that this exception must be used in its entirety or not at\nall. You state as an example, labeling a pallet of batteries is in violation of the HIMR when using this\nexception, and that all requirements, such as shipping papers, marking, labeling, placarding now apply.\nAnother example you give, if shipping papers are supplied, but the pallet of batteries is not labeled, this\nis a violation.\nPartial use of this exception is permissible. Therefore, labeling a pallet of batteries or placarding a\ntransport vehicle when using this exception is not a violation of the HMR. If a shipping paper is used\nunder this exception, it must be in compliance with the HMR. However, we do not recommend partial\nuse of this exception because it can create confusion in the enforcement or emergency response\ncommunity that may result in issuance of a ticket and frustration of your shipment.\nYour understanding of § 173.159(e)(4) as stated in your letter is not correct. The transport vehicle\nyour example, it is permissible to use this exception after delivering all the batteries on the motor vehicle\nmay not carry material shipped by any person other than the shipper of the batteries. In reference to\nto one customer and then picking up waste batteries from a customer (one customer only).\nI hope this answers your inquiry.\nSincerely,\nDelan Hillis\nDelmer F. Billings\nChief, Standards Development\nOffice of Hazardous Materials Standards\n173.159\n000047\n\n<<<PAGE 2>>>\n\nTrojan\nFebruary 1, 2000\nChief Regulations Development\nMr. Delmer F. Billings\nBoothe\nOffice of Hazardous Materials Standards\n§173.159\nResearch and Special Programs Administration\nU.S. Department of Transportation\n00-0047\n400 Seventh St., S.W.\nWashington, D.C. 20590\nDear Mr. Billings:\nThis is a letter seeking clarification regarding the transportation of electric storage batteries under 49\nCFR 173.159 (e)(1) through (e)(4).\npart exemption, we cannot label the battery packages, cannot supply paperwork, cannot mark or\nIn a DOT training course I attended a couple of years ago, the instructor taught us that if we use this 4\nplacard. In other words, if we are going to comply with the regulations, we must do so ALL THE WAY\nautomatically knocks us out of the exemption. We now have to have paperwork, marking, and\nOR NOT AT ALL. For example, if we place a corrosive label on a pallet of batteries, that label\nplacarding. Another example, if paperwork is supplied, but the pallet of batteries does not have any\nlabels, this is incorrect. Please clarify.\nThe second issue is that the first three provisions (e)(1) through (e)(3) are self-explanatory, however,\n(e)(4) also causes some problems. For example, in the same course, we were taught that when one\nof our drivers is delivering batteries to one client and only one client, we fall under the 4-part\nthat one customer, and only one customer, we now violate section (e)(4) because we are no longer the\nexemption. However, after delivering the batteries in the truck, we then pick-up junk batteries from\nshipper (the customer is the shipper) we are the carrier. So at this point we must comply with the\nregulations all the way (i.e., labels, placards, marking, paperwork (supplied by the customer), etc.)\nPlease clarify.\npaperwork and label the pallets but do not mark or placard, are we in violation of the HMR? Does the\nThe final questions are, if we are transporting batteries using the 4 part exemption and we supply\nALL OR NOTHING principle apply with this exemption?\nfurther, please do not hesitate to contact me at (562) 946-8381, or at the address noted on this letter at\nThank you for your consideration. If I can provide anything further, or if you wish to discuss this matter\nthe Califomia location.\nRespectfully,\nDiane H. Kennedy, R.E.H.S\nDirector, Safety and Environmental Affairs\nEnvironmental Health Specialist\nSANTA FE SPRINGS, CALIFORNIA 90670-3804\n12380 CLARK STREET\n5174 MINOLA DRIVE\nLITHONIA, GEORGIA 30038-2306\n(562) 946-8381\n(770) 981-8674\nCAV 15631.9dl.403R.\nFAX (770) 981-7717","truncated":false,"body_characters":4689}