RCS, Inc.-Ohio — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department 400 Seventh Street, S.W. Washington, D.C. 20590 Research and Special Programs Administration JUL 13 2034 Mr. Christopher R. Sharp Ref No.: 04-0157 Technical Consultant RCS, Inc.-Ohio 950 Taylor Station Road, Suite M Gahanna, OH 43230 Dear Mr. Sharp: This is in response to your letter dated June 9, 2004 requesting clarification of the wet battery exception found in § 173.159(e) of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask if two pallets containing two wet batteries each, that otherwise meet the exception found in § 173.159(e)(1)-(4), could use that exception if placed in a transport vehicle with four battery powered forklifts. You state that the batteries installed in the forklifts are identical to the palletized batteries and that the forklifts contain no other hazardous materials and are excepted from the HMR under § 173.220(c). Shipments of electric storage batteries are excepted from the HMR if the provisions found in § 173.159(e)(1)-(4) are met. Paragraph (1) of § 173.159(e) states that no other hazardous materials may be transported in the same vehicle. The definition of a hazardous material, found in § 171.8, includes hazardous substances, hazardous wastes, marine pollutants, elevated temperature materials, materials designated as hazardous in criteria for hazard classes and divisions in Part 173, Subchapter C. The definition of a criteria but are being transported under exceptions. Therefore, a forklift that is excepted from the requirements of the HMR under § 173.220(c) would meet the definition of a hazardous material. A battery powered forklift is classified as "Battery-powered vehicle" or "Battery- powered equipment" and assigned to Hazard Class 9. Disconnected or uninstalled wet batteries are classified as "Batteries, wet, filled with acid" or "Batteries, wet, filled with remove the class 9 hazardous material from the transport vehicle. This can be accomplished by: 1. Loading the batteries and battery powered forklifts on separate transport vehicles; 113.159 04157 173.220#

Page 22. Disconnecting the batteries that are installed in the forklifts; or Uninstalling the batteries from the forklifts. If you choose to disconnect the batteries and leave them in the battery carriage of the transit. If you decide to uninstall the batteries from the forklifts then, as stated in forklifts, you must ensure that they are protected from short circuits and damage while in § 173.220(c), you must package them in accordance with § 173.159. I hope this information is helpful. Please contact us if you require additional assistance. Sincerely, Director, Office of Hazardous Materials Standards Edward T. Mazzullo#

Page 3Supko RCS $173.159 Serencr 3113.220 June 9, 2004 Batteries United States Department of Transportation 04-0157 Research and Special Programs Administration 400 7g Street SW Washington D.C. 20590-0001 Attn: Edward Mazzullo - Director, Office of Hazardous Materials Standards forklifts containing wet battorlos from Hazardous Material Regulations RE: Lettor of Interprotation undar the exception of wet batterles and Dear Mr. Mazzullo, The following requests a letter of interpretation regarding the application of the CFR 173.159 and the excoption of industrial trucks containing wet batteries from exception of wet batteries from the Hazardous Material Regulations under 49 the Hazardous Materials regulations under 49 CFR 173.220. The Hazardous Materials Regulations except wat batteries from DOT requirements under 49 CFR 173.159. Electric storage batteries containing electrolyte or corrosive battery fluid are not rail if all of the following requirements are met: subject to the requirements of this subchapter for transportation by highway or (1) No other hazardous materials may be transported in the same vehicte, (2) The batteries must be loaded or braced so as to prevent damage and short circuits in transit, (3) Any other material loaded in the same vehicle must be blocked, braced, or (4) The transport vehicte may not carry material shippod by any person other otherwise secured to prevent contact with or damage to the batteries, and than the shipper of the batteries. The Hazardous Materials Regulations except industrial trucks containing wet batteries under 49 CFR 173.220. Battery powered or installed. Batteries must be socurely installed, and wet batteries fastened in an upright position. Batteries must be profected against short cincuits and leakage or removad and packaged separately under $173.159. Battery powered vehicles, machinery or equipment including battery powered wheelchairs and mobility aids are excepted from the requirements of this subchapter when transported by rail, highway or vessel. Items of equipment containing hazardous materials, compressed gas accumulators, safety devicas and other hazardous materials which are integral 950 Taytor Station Road - Suke M1 Gahanna, OH 43230 Phone: (614) 552-8590/ Fax (814) 552-8541 Wob Stte: www.drcs.com#

Page 4RCS noto 6099-2004 Scratcr components of the motor vehicte, engine or mechanical equipment and are necessary for the operation of the vehicle, engine or equipment, or for the safety of its operator or passengers must be securely installed in the motor vehicle, engine or mechanical equipment. Such items are not otherwise subject to the requirements of this subchapter. RCS Inc.'s interpretation is as follows: A load containing four forklifts with wet batteries still inside and four wet batteries on two pallets is not subject to DOT requirements. The wet batteries on the pallets are replacements for the batteries inside the forklifts. The batteries in the forklifts and the batteries on the pallet are identical. The forklifts containing the wet batteries are excepted from DOT requirements under 49 CFR 173.220. The Upon determination and completion of a letter of interpretation, please reply to: Christopher R. Sharp Technical Consultant RCS, Inc.-Ohio 950 Taylor Station Road, Suite M Gahanna, OH 43230 614-552-8530 x 32 Your cooperation and timeliness are greatly appreciated. Sincerely, Christopher R. Sharp Technical Consultant 614-552-8530 × 32 RCS, Inc.-Ohio crsharp@4rcs.com Page 2 of 2#