Mr. Joseph Cormier — Hazardous Materials Safety Interpretation

Page 1... • .. US. Department of Transportation Washington, D.C. 20590 40D Seventh Street, S.W. Research and idministratior pectai Program: APR 24 2001 • Mr. Joseph Cormier 1 Horseshoe Pond Lane Ref. No. 01-0010 Concord, NH 03301 Dear Mr. Cormier: • This responds to your January 10 and January 17, 2001 letters and subsequent telephone conversation with Eric Nelson of my staff requesting clarification of the provisions of § 173.159 of the Hazardous Materials Regulations (HMR) applicable to transportation of non- spillable batteries. The HIMR are the regulatory requirements contained in Title 49, Subtitle B, Chapter I, Subchapter C, Parts 171-180 of the Code of Federal Regulations (CFR). For the purposes of the HMR, "subchapter" means 49 CFR Parts 171-180. Your questions are paraphrased and answered as follows: Q1. What is the definition of a non-spillable wet electric storage battery? A1. A non-spillable electric storage battery is a battery that is capable of passing the vibration and pressure differential tests as provided by § 173.159(d)(3). Non-spillable batteries ''NONSPILLABLE" or "NONSPILLABLE BATTERY " manutactured alter September 30, 1995 must be plainly and durably marked Q2. Does each non-spillable battery have to pass the vibration and pressure differential tests? A2. No. A battery must be capable of passing the tests as prescribed by § 173.159(d)(3). Individual batteries are not required to actually be tested. Q3. Are batteries transported in accordance with the packaging requirements in § 173.159(d) excepted from all DOT transportation requirements, including those of the Federal Motor Carrier Safety Administration? A3. No. Compliance with § 173.159 (d) excepts non-spillable batteries from the HMR. Regulations of the Federal Motor Carrier Safety Administration (FMCSA) may still apply. You may contact the FMCSA by writing to:#

Page 2• • Page -2- Federal Motor Carrier Safety Administration 400 7th Street SW MC-PS Washington, DC 20590 You may also contact FMCSA via the Internet at http://www.fmcsa.dot.gov or by telephone at (202) 366-4012. Q4. What is the definition of "securely packaged" as used in § 173.159(d)? A4. "Securely packaged" means packaged in a manner so that under conditions normally incident to transportation, there is no identifiable release of the contents. Q5. If a battery is not in compliance with § 173.159(d), is the shipment subject to the full scope of the HMR? A5. Yes. Q6. Where can I go for assistance in understanding the requirements of the HMR? A6. You may contact any RSPA Hazardous Materials Enforcement Office for assistance at the following addresses or telephone numbers: Eastern Region Southwest Region 820 Bear Tavern Road Suite 306 2320 La Branch Street Suite 2100 West Trenton, NJ 08628 Houston, Texas 77002 (609) 989-2256 (713) 718-3950 Central Region Southern Region 2350 East Devon Avenue, Suite 136 1701 Columbia Avenue Suite 520 Des Plains, Illinois 60018 College Park, Georgia 30337 (847) 294-8590 (404) 305-6120 Western Region Headquarters 3200 Inland Empire Boulevard, Suite 230 400 7th Street SW DHM-41 Ontario, California 91764 Washington, DC 20590 (909) 483-5624 (202) 366-4700#

Page 3Page - 3- You may also contact the Hazardous Materials Information Center toll-free hotline between the hours of 9:00 A.M. and 5:00 P.M. ET at (800) 467-4922. I hope this satisfies your request. Sincerely, Transportation Regulations Specialist Office of Hazardous Materials Standards#

Page 4JAN-11-2001 • 08:08 B.A. NORTH-LOGISTICS 603 226 7657 P.02 Nelson Joseph Cormier $173.159 (d) IBEW UNION Local 2320 (NH) Manchester St. NH 03102 46 Third Street Tel. 603-689-8657 Aplicability Fax.603-689-7089 Jan. 10, 2001 Mr. Edward T. Mazzullo 08-0010 Director Office of Hazardous Materials Standards Department of Transportation 440 7 Street Southwest Research and Special Programs Administration Washington, D.C. 20590 Dear Mr. Mazzullo, I am a union CDL A driver, and this is a letter seeking guidance and clarification of 49 CFR 173.159(d). today. His professionalism and patlence in dealing with us, uninitiated, is a credit to your First, however, we would like to thank Jeff Furr of your organization for the help he provided us organization. section to be an excellent and efficient way of sharing, with others, previous probiems/issues that We would also like to commend you on your website. We found the "letters of clarification" you have resolved. The Union and management are formulating/negotiating programs that provide more cost- Let me begin by providing some background information on the issues we are working. batteries within our company theatre of operation. effective means of transporting new lead-acid batteries, and the reclamation of spent lead-acid The issue at hand, at the moment, is the interpretation of 49CFR173.159(d). I am going to beg your indulgence as I pose the following questions. The format is targeted to my own parochial audience, and serves several venues. 1. 49CFR173.159(d) states that a nonspillable wet electric storage battery is excepted from all other requirements of this subchapter under the following conditions: (1) The battery must be protected against short circuits and securely packaged. (2) For batteries manufactured after September 30, 1995, the battery and the outer packaging must be plainly and durably marked "NONSPILLABLE" or "NONSPILLABLE BATTERY". (3) The battery must be capable of withstanding the following two tests, without leakage of battery fluid from the battery: namely, the vibration test and the pressure his is a fair representation of 49CFR173.159(d) is It no ifferential test described, hereir 2. Is not RSPA 's definition of a nonspillable wet electric storage battery, a battery that passes the vibration and pressure differential tests?#

Page 5JAN-11-2001• ' 08:09 B.A. NORTH-LOGISTICS 603 226 7657 P.03 3. Is it not true then, that if a manufacturer's battery does not pass the vibration and pressure requirements of this subchapter..."? differential tests, it is not a nonspillable battery, and is, therefore, not "excepted from all other 4. The term "subchapter" used in 49CFR173.159(d) means 49CFR parts 171 thru 180, does it not? The term "subchapter" used in 4BCFR173.159(d) Is a subset to CHAPTER I Subtitle B of Title 49 CFR, Research and Special Programs Administration, DOT, is It not? 6. CHAPTER III Subtitle B of Title 49 CFR is Federal Highway Administration, DOT, is it not? 7. 49CFR177.834 deals with "bracing" of loads, and falls within the exception of parts 171 thru 180 and would not be binding, if the three conditions of 49CFR173.159(d) are met, is that not correct? 8. The Federal Highway Administration deals with Parts 350 thru 389; special attention to Parts 390-387, is that not correct? 9. 49CFR392.9 Safe loading states in (a)(1) that no person shall drive a commercial vehicle burdens the driver with compliance to (a), is that not correct? unless the vehicle's cargo is properly distributed and adequately secured; (b) of same, 10. Does 49CFR173.159(d) *except" a driver from 49CFR392.8? 11. When referencing 49CFR173.159(d), if a document, states " No other DOT requirements apply when transporting non-spillable lead acid batteries", is this an accurate statement? 12. What is the definition of "securely packaged" in 48CFR173.159(d) (1)? 13. We have an internal document that states* A new or used non-spillable lead acid battery is exempted from all other requirements of the Hazardous Materials Transportation Regulations Parts 171 through 180 as long as the conditions Indicated under Packaging Requirements in the CFR's. Do you have these Packaging Requirements? Could/would you provide them to are met. No other DOT requirements apply." I could not find these Packaging Requirements US. 14. Is it true that Enforcement will provide help in determining "securely packaged" as it pertains 1o 49CFR173.159(d) (1)? 15. If batteries fail to meet the conditions of exception under 48CFR173.159 (any subset), does that mean those batteries default to their status of Hazardous Material and must be handled accordingly? letter. Please, do no fest obligated to respond in the same format. It has been a pleasure dealing Again, Mr. Mazzullo we thank you for your understanding and patience with the format of this with your organization! Respectfully Submitted with Best Regards, Steplom TOTAL P.03#