{"operation":"document","citation":"04-0103","title":"Teton Transportation, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2004-06-03","effective_on":null,"summary":"04-0103 response to Teton Transportation, Inc. concerning 173.159.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0103.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0103.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0103","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2004/040103.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\n400 Seventh St., S.W.\nWashington, D.C. 20590\nResearch and\nSpecial Programs\nAdministration\nJUN\n3 2004\nMr. Walter D. Smith\nDirector of Safety and Compliance\nRef. No. 04-0103\nTeton Transportation, Inc.\nPost Office Box 909\nSeymour, TN 37865\nDear Mr. Smith:\nThis is in response to your April 9, 2004 letter requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to non-spillable wet batteries.\nAccording to your letter, your company transports batteries containing corrosive battery fluid\nfrom one shipping point without additional products loaded on your trucks. You state these\nshipments are excepted from subchapter C of the HMR as provided by § 173.159(e). You state\nthat you placard your trucks for information purposes although not required by the HMR to do\nYou ask whether your shipments of wet batteries meet the criteria found under § 173.159(e).\nYou ask whether your company is required to comply with subchapter C of the HMR when\ntransporting these materials. You ask if your company can require a hazardous materials\nendorsement on commercial drivers licenses for your drivers even if these shipments are\nexcepted from the HMR. You also ask whether placarding is allowed when not required.\nYour understanding is correct. Batteries containing corrosive battery fluid that are transported by\nhighway or rail are excepted from the HMR provided they are transported in accordance with the\nconditions in § 173.159(e). Even though placarding is not required, under § 172.502(c), you may\n173.159 (e)\n040103\n\n<<<PAGE 2>>>\n\nthan § 173.159 (e), if you transport only batteries that are excepted from the HMR requirements\nYou ask if your company is required to comply with any of the requirements of the HMR, other\nunder § 173.159(e) and no other hazardous materials. The answer is no.\nI hope this information is helpful.\nSincerely,\nChief, Standards Development\nOffice of Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\nFoster\n$173.159 (e)\nTeton\nBatteries\nTran\npor\n04-0103\nApril 9, 2004\nDirector Edward Mazullo\nOffice of Hazardous Materials Standards\nResearch and Special Programs Admin.\n400 Seventh Street, SW\nU.S. Dept. of Transportation\nWashington, DC 20590-0001\nRe: 173.159 (e)\nDear Sir:\nWe request your opinion on two matters. This company is registered as a hazmat carrier and we\nrequire drivers in our van division to maintain a CDL hazmat endorsement. However, the only\ntypical Exide loads. Exide marks wet battery loads HM, labels the cargo and placards our trailers.\nhazmat loads we pull are for our customer, Exide Technologies. The enclosed bills represent\nthe trailer.\nThese are truckload deliveries originating at one shipping point with no other product loaded on\nWe assert that these loads meet the requirements of 173.159 (e) and are exempt from Title 49,\nplacards are not required to pull these loads, the permissive placarding rule allows placarding for\nSubchapter C. We also assert that even though, therefore, a CDL hazmat endorsement and\nin response to our customer's requirement. Further, that neither of these conditions, however,\ninformation purposes, and we can require the hazmat endorsement as a matter of company policy\naffects the exempt status of the loads.\nPiss, we would precite your option as to wether hen yes or ad me 13m and and.,\nWe would be pleased to provide any additional information that you may need.\nYour guidance on these issues is important to us and would be very much appreciated.\nYours truly,\nWalter D. Smith\nDirector of Safety and Compliance\nPost Office Box 909 • Seymour, Tennessee 37865 • Phone (615) 546-3846\nFAX (615) 546-2675 • 1-800-956-3846","truncated":false,"body_characters":3687}