{"operation":"document","citation":"02-0016","title":"Perry Wiltrout — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2002-01-17","effective_on":null,"summary":"02-0016 concerning 173.159.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-02-0016.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-02-0016.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-02-0016","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2002/020016.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\n1.S. Departmen\nWashington, D.C. 20590\n400 Seventh St., S.W.\nResearch and\nAdministration\nSpecial Programs\nJAN 17 2002\nMr. Perry Wiltrout\n418 West Vine Street\nRef. No. 02-0016\nFleetwood, PA 19522\nDear Mr. Wiltrout:\nThis is in response to your January 11, 2002 letter and subsequent telephone conversation with a\nmember of my staff requesting clarification of the provisions in § 173.159 of the Hazardous Materials\nRegulations (HMR; 49 CFR Parts 171-180). Specifically, you ask if shipping papers are required for\nshipments made in compliance with § 173.159(e).\nThe answer is no. Electric storage batteries meeting the criteria specified in § 173.159(e)(1) through\n(c)(4) are not subject to the HMR. The batteries must: (1) be the only hazardous material on the\nvehicle; and (2) be loaded or braced so as to prevent damage and short circuits. In addition, any other\nmaterial loaded in the vehicle must be blocked and braced to prevent contact with or damage to the\nbatteries and the vehicle may not carry material shipped by any person other than the shipper of the\nbatteries. Therefore, under the scenario you describe, the shipment is not subject to the HMR\n(including shipping papers).\nI hope this satisfies your request.\nSincerely,\nDelmer F. Billings\nChief, Standards Development\nOffice of Hazardous Materials Standards\n173.159\n\n<<<PAGE 2>>>\n\nFROM : COYERS\nFAX NO. : 6109446180\nJan. 1121 A#\n8113.22\nQuestions. The company i worked for 19 112, ears says they have provision and exemptions to who must fill out paper work. lam\nchipper's Responsibit\na truck driver. I took a load of new batteries we: filled with electrolyte corrosive battery fluid to their warehouse in FLA. drop the\ntrailer with new batteries. Then hooked up to the trailer that was already loaded with junk batteries that where filled with corrosive\nfluid 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\npaperwork for the junk batteries. But the wareh.Juse forgot to give me paperwork for a box of wire that approximately weighed 20\npallets. The wire was blocked and braced away from the batteries. Now I looked at 172.200, 173.159(D)(E) 171.8 a,\npounds that was not a hazardous material. The load of batteries was blocked and braced the batteries where shrinked wraped to\nbatteries that the driver did not load. Can you show where this provision or exemptions to the rules are? Because the company\n173.22,177.817,and Part172, Subpart C. I can not find anywhere where the driver must fill out all the paperwork for the product and\nbecause I was working for them that makes me the shipper and it don't matter who loaded the product or batteries. is this true?\nmakes their own product owns the truck and are a private carrier. Do I even need paperwork for the wire? My company is saying\nCan you show me where this rule is? The name of the company is DEKA BATTERIES East Penn Maufacturing Co. Inc. 1 Deka\nwhere 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\nRoad 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\ncamer and they only haul their product. Perry Wiltrout 418 W. Vine St. Fleetwood PA. 19522 Kart P. Voigt IV Prince Law\nKVoigtiV@Princelaw.com\nOffices, P.C. 646 Lenape Road Bechtelsville, FA. 19505 Also could you E Mail us? WEATHER1965@aol.con\nTHANK YOU Perry Wiltrou\nFriday January 11, 2002 America Online: Wreather1965\nPage. 1","truncated":false,"body_characters":3557}