{"operation":"document","citation":"01-0010","title":"Mr. Joseph Cormier — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2001-04-24","effective_on":null,"summary":"01-0010 concerning 173.159.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-01-0010.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-01-0010.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-01-0010","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2001/010010.pdf","body":"<<<PAGE 1>>>\n\n... •\n..\nUS. Department\nof Transportation\nWashington, D.C. 20590\n40D Seventh Street, S.W.\nResearch and\nidministratior\npectai Program:\nAPR 24 2001\n•\nMr. Joseph Cormier\n1 Horseshoe Pond Lane\nRef. No. 01-0010\nConcord, NH 03301\nDear Mr. Cormier:\n•\nThis responds to your January 10 and January 17, 2001 letters and subsequent telephone\nconversation with Eric Nelson of my staff requesting clarification of the provisions of\n§ 173.159 of the Hazardous Materials Regulations (HMR) applicable to transportation of non-\nspillable batteries. The HIMR are the regulatory requirements contained in Title 49, Subtitle\nB, Chapter I, Subchapter C, Parts 171-180 of the Code of Federal Regulations (CFR). For\nthe purposes of the HMR, \"subchapter\" means 49 CFR Parts 171-180. Your questions are\nparaphrased and answered as follows:\nQ1. What is the definition of a non-spillable wet electric storage battery?\nA1. A non-spillable electric storage battery is a battery that is capable of passing the vibration\nand pressure differential tests as provided by § 173.159(d)(3). Non-spillable batteries\n''NONSPILLABLE\" or \"NONSPILLABLE BATTERY \"\nmanutactured alter September 30, 1995 must be plainly and durably marked\nQ2. Does each non-spillable battery have to pass the vibration and pressure differential tests?\nA2. No. A battery must be capable of passing the tests as prescribed by § 173.159(d)(3).\nIndividual batteries are not required to actually be tested.\nQ3. Are batteries transported in accordance with the packaging requirements in § 173.159(d)\nexcepted from all DOT transportation requirements, including those of the Federal Motor\nCarrier Safety Administration?\nA3. No. Compliance with § 173.159 (d) excepts non-spillable batteries from the HMR.\nRegulations of the Federal Motor Carrier Safety Administration (FMCSA) may still apply.\nYou may contact the FMCSA by writing to:\n\n<<<PAGE 2>>>\n\n•\n•\nPage -2-\nFederal Motor Carrier Safety Administration\n400 7th Street SW\nMC-PS\nWashington, DC 20590\nYou may also contact FMCSA via the Internet at http://www.fmcsa.dot.gov or by telephone\nat (202) 366-4012.\nQ4. What is the definition of \"securely packaged\" as used in § 173.159(d)?\nA4. \"Securely packaged\" means packaged in a manner so that under conditions normally incident\nto transportation, there is no identifiable release of the contents.\nQ5. If a battery is not in compliance with § 173.159(d), is the shipment subject to the full scope of\nthe HMR?\nA5. Yes.\nQ6. Where can I go for assistance in understanding the requirements of the HMR?\nA6. You may contact any RSPA Hazardous Materials Enforcement Office for assistance at the\nfollowing addresses or telephone numbers:\nEastern Region\nSouthwest Region\n820 Bear Tavern Road Suite 306\n2320 La Branch Street Suite 2100\nWest Trenton, NJ 08628\nHouston, Texas 77002\n(609) 989-2256\n(713) 718-3950\nCentral Region\nSouthern Region\n2350 East Devon Avenue, Suite 136\n1701 Columbia Avenue Suite 520\nDes Plains, Illinois 60018\nCollege Park, Georgia 30337\n(847) 294-8590\n(404) 305-6120\nWestern Region\nHeadquarters\n3200 Inland Empire Boulevard, Suite 230 400 7th Street SW DHM-41\nOntario, California 91764\nWashington, DC 20590\n(909) 483-5624\n(202) 366-4700\n\n<<<PAGE 3>>>\n\nPage - 3-\nYou may also contact the Hazardous Materials Information Center toll-free hotline between the\nhours of 9:00 A.M. and 5:00 P.M. ET at (800) 467-4922.\nI hope this satisfies your request.\nSincerely,\nTransportation Regulations Specialist\nOffice of Hazardous Materials Standards\n\n<<<PAGE 4>>>\n\nJAN-11-2001 • 08:08\nB.A. NORTH-LOGISTICS\n603 226 7657 P.02\nNelson\nJoseph Cormier\n$173.159 (d)\nIBEW UNION Local 2320 (NH)\nManchester St. NH 03102\n46 Third Street\nTel. 603-689-8657\nAplicability\nFax.603-689-7089\nJan. 10, 2001\nMr. Edward T. Mazzullo\n08-0010\nDirector\nOffice of Hazardous Materials Standards\nDepartment of Transportation\n440 7 Street Southwest\nResearch and Special Programs Administration\nWashington, D.C. 20590\nDear Mr. Mazzullo,\nI am a union CDL A driver, and this is a letter seeking guidance and clarification of 49 CFR\n173.159(d).\ntoday. His professionalism and patlence in dealing with us, uninitiated, is a credit to your\nFirst, however, we would like to thank Jeff Furr of your organization for the help he provided us\norganization.\nsection to be an excellent and efficient way of sharing, with others, previous probiems/issues that\nWe would also like to commend you on your website. We found the \"letters of clarification\"\nyou have resolved.\nThe Union and management are formulating/negotiating programs that provide more cost-\nLet me begin by providing some background information on the issues we are working.\nbatteries within our company theatre of operation.\neffective means of transporting new lead-acid batteries, and the reclamation of spent lead-acid\nThe issue at hand, at the moment, is the interpretation of 49CFR173.159(d).\nI am going to beg your indulgence as I pose the following questions. The format is targeted to my\nown parochial audience, and serves several venues.\n1. 49CFR173.159(d) states that a nonspillable wet electric storage battery is excepted from all\nother requirements of this subchapter under the following conditions:\n(1) The battery must be protected against short circuits and securely packaged.\n(2) For batteries manufactured after September 30, 1995, the battery and the outer\npackaging must be plainly and durably marked \"NONSPILLABLE\" or\n\"NONSPILLABLE BATTERY\".\n(3) The battery must be capable of withstanding the following two tests, without leakage\nof battery fluid from the battery: namely, the vibration test and the pressure\nhis is a fair representation of 49CFR173.159(d) is It no\nifferential test described, hereir\n2. Is not RSPA 's definition of a nonspillable wet electric storage battery, a battery that passes\nthe vibration and pressure differential tests?\n\n<<<PAGE 5>>>\n\nJAN-11-2001• '\n08:09\nB.A. NORTH-LOGISTICS\n603 226 7657 P.03\n3. Is it not true then, that if a manufacturer's battery does not pass the vibration and pressure\nrequirements of this subchapter...\"?\ndifferential tests, it is not a nonspillable battery, and is, therefore, not \"excepted from all other\n4. The term \"subchapter\" used in 49CFR173.159(d) means 49CFR parts 171 thru 180, does it\nnot?\nThe term \"subchapter\" used in 4BCFR173.159(d) Is a subset to CHAPTER I Subtitle B of Title\n49 CFR, Research and Special Programs Administration, DOT, is It not?\n6. CHAPTER III Subtitle B of Title 49 CFR is Federal Highway Administration, DOT, is it not?\n7. 49CFR177.834 deals with \"bracing\" of loads, and falls within the exception of parts 171 thru\n180 and would not be binding, if the three conditions of 49CFR173.159(d) are met, is that not\ncorrect?\n8. The Federal Highway Administration deals with Parts 350 thru 389; special attention to Parts\n390-387, is that not correct?\n9. 49CFR392.9 Safe loading states in (a)(1) that no person shall drive a commercial vehicle\nburdens the driver with compliance to (a), is that not correct?\nunless the vehicle's cargo is properly distributed and adequately secured; (b) of same,\n10. Does 49CFR173.159(d) *except\" a driver from 49CFR392.8?\n11. When referencing 49CFR173.159(d), if a document, states \" No other DOT requirements\napply when transporting non-spillable lead acid batteries\", is this an accurate statement?\n12. What is the definition of \"securely packaged\" in 48CFR173.159(d) (1)?\n13. We have an internal document that states* A new or used non-spillable lead acid battery is\nexempted from all other requirements of the Hazardous Materials Transportation Regulations\nParts 171 through 180 as long as the conditions Indicated under Packaging Requirements\nin the CFR's. Do you have these Packaging Requirements? Could/would you provide them to\nare met. No other DOT requirements apply.\" I could not find these Packaging Requirements\nUS.\n14. Is it true that Enforcement will provide help in determining \"securely packaged\" as it pertains\n1o 49CFR173.159(d) (1)?\n15. If batteries fail to meet the conditions of exception under 48CFR173.159 (any subset), does\nthat mean those batteries default to their status of Hazardous Material and must be handled\naccordingly?\nletter. Please, do no fest obligated to respond in the same format. It has been a pleasure dealing\nAgain, Mr. Mazzullo we thank you for your understanding and patience with the format of this\nwith your organization!\nRespectfully Submitted\nwith Best Regards,\nSteplom\nTOTAL P.03","truncated":false,"body_characters":8430}