Perry Wiltrout — Hazardous Materials Safety Interpretation

Page 1of Transportation 1.S. Departmen Washington, D.C. 20590 400 Seventh St., S.W. Research and Administration Special Programs JAN 17 2002 Mr. Perry Wiltrout 418 West Vine Street Ref. No. 02-0016 Fleetwood, PA 19522 Dear Mr. Wiltrout: This is in response to your January 11, 2002 letter and subsequent telephone conversation with a member of my staff requesting clarification of the provisions in § 173.159 of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask if shipping papers are required for shipments made in compliance with § 173.159(e). The answer is no. Electric storage batteries meeting the criteria specified in § 173.159(e)(1) through (c)(4) are not subject to the HMR. The batteries must: (1) be the only hazardous material on the vehicle; and (2) be loaded or braced so as to prevent damage and short circuits. In addition, any other material loaded in the vehicle must be blocked and braced to prevent contact with or damage to the batteries and the vehicle may not carry material shipped by any person other than the shipper of the batteries. Therefore, under the scenario you describe, the shipment is not subject to the HMR (including shipping papers). I hope this satisfies your request. Sincerely, Delmer F. Billings Chief, Standards Development Office of Hazardous Materials Standards 173.159#

Page 2FROM : COYERS FAX NO. : 6109446180 Jan. 1121 A# 8113.22 Questions. The company i worked for 19 112, ears says they have provision and exemptions to who must fill out paper work. lam chipper's Responsibit a truck driver. I took a load of new batteries we: filled with electrolyte corrosive battery fluid to their warehouse in FLA. drop the trailer with new batteries. Then hooked up to the trailer that was already loaded with junk batteries that where filled with corrosive fluid to take back to the main factory in PA. W.! are a private carrier we haul only are product they say. Now I had all the paperwork for the junk batteries. But the wareh.Juse forgot to give me paperwork for a box of wire that approximately weighed 20 pallets. The wire was blocked and braced away from the batteries. Now I looked at 172.200, 173.159(D)(E) 171.8 a, pounds that was not a hazardous material. The load of batteries was blocked and braced the batteries where shrinked wraped to batteries that the driver did not load. Can you show where this provision or exemptions to the rules are? Because the company 173.22,177.817,and Part172, Subpart C. I can not find anywhere where the driver must fill out all the paperwork for the product and because I was working for them that makes me the shipper and it don't matter who loaded the product or batteries. is this true? makes their own product owns the truck and are a private carrier. Do I even need paperwork for the wire? My company is saying Can you show me where this rule is? The name of the company is DEKA BATTERIES East Penn Maufacturing Co. Inc. 1 Deka where is it that the driver for the company must fill out all paperwork for a load he or she did not load. Because they are a private Road Lyons Station PA. 19536 US DOT 038027 Can you please send a letter in the mail to me and my lawyer what the rules are camer and they only haul their product. Perry Wiltrout 418 W. Vine St. Fleetwood PA. 19522 Kart P. Voigt IV Prince Law KVoigtiV@Princelaw.com Offices, P.C. 646 Lenape Road Bechtelsville, FA. 19505 Also could you E Mail us? WEATHER1965@aol.con THANK YOU Perry Wiltrou Friday January 11, 2002 America Online: Wreather1965 Page. 1#