{"operation":"document","citation":"04-0157","title":"RCS, Inc.-Ohio — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2004-07-13","effective_on":null,"summary":"04-0157 response to RCS, Inc.-Ohio concerning 173.159, 173.220.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0157.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0157.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0157","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2004/040157.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\n400 Seventh Street, S.W.\nWashington, D.C.\n20590\nResearch and\nSpecial Programs\nAdministration\nJUL 13 2034\nMr. Christopher R. Sharp\nRef No.: 04-0157\nTechnical Consultant\nRCS, Inc.-Ohio\n950 Taylor Station Road, Suite M\nGahanna, OH 43230\nDear Mr. Sharp:\nThis is in response to your letter dated June 9, 2004 requesting clarification of the wet\nbattery exception found in § 173.159(e) of the Hazardous Materials Regulations (HMR;\n49 CFR Parts 171-180). Specifically, you ask if two pallets containing two wet batteries\neach, that otherwise meet the exception found in § 173.159(e)(1)-(4), could use that\nexception if placed in a transport vehicle with four battery powered forklifts. You state\nthat the batteries installed in the forklifts are identical to the palletized batteries and that\nthe forklifts contain no other hazardous materials and are excepted from the HMR under\n§ 173.220(c).\nShipments of electric storage batteries are excepted from the HMR if the provisions\nfound in § 173.159(e)(1)-(4) are met. Paragraph (1) of § 173.159(e) states that no other\nhazardous materials may be transported in the same vehicle. The definition of a\nhazardous material, found in § 171.8, includes hazardous substances, hazardous wastes,\nmarine pollutants, elevated temperature materials, materials designated as hazardous in\ncriteria for hazard classes and divisions in Part 173, Subchapter C. The definition of a\ncriteria but are being transported under exceptions. Therefore, a forklift that is excepted\nfrom the requirements of the HMR under § 173.220(c) would meet the definition of a\nhazardous material.\nA battery powered forklift is classified as \"Battery-powered vehicle\" or \"Battery-\npowered equipment\" and assigned to Hazard Class 9. Disconnected or uninstalled wet\nbatteries are classified as \"Batteries, wet, filled with acid\" or \"Batteries, wet, filled with\nremove the class 9 hazardous material from the transport vehicle. This can be\naccomplished by:\n1.\nLoading the batteries and battery powered forklifts on separate transport\nvehicles;\n113.159\n04157\n173.220\n\n<<<PAGE 2>>>\n\n2.\nDisconnecting the batteries that are installed in the forklifts; or\nUninstalling the batteries from the forklifts.\nIf you choose to disconnect the batteries and leave them in the battery carriage of the\ntransit. If you decide to uninstall the batteries from the forklifts then, as stated in\nforklifts, you must ensure that they are protected from short circuits and damage while in\n§ 173.220(c), you must package them in accordance with § 173.159.\nI hope this information is helpful. Please contact us if you require additional assistance.\nSincerely,\nDirector, Office of Hazardous Materials Standards\nEdward T. Mazzullo\n\n<<<PAGE 3>>>\n\nSupko\nRCS\n$173.159\nSerencr\n3113.220\nJune 9, 2004\nBatteries\nUnited States Department of Transportation\n04-0157\nResearch and Special Programs Administration\n400 7g Street SW\nWashington D.C. 20590-0001\nAttn: Edward Mazzullo - Director, Office of Hazardous Materials Standards\nforklifts containing wet battorlos from Hazardous Material Regulations\nRE: Lettor of Interprotation undar the exception of wet batterles and\nDear Mr. Mazzullo,\nThe following requests a letter of interpretation regarding the application of the\nCFR 173.159 and the excoption of industrial trucks containing wet batteries from\nexception of wet batteries from the Hazardous Material Regulations under 49\nthe Hazardous Materials regulations under 49 CFR 173.220.\nThe Hazardous Materials Regulations except wat batteries from DOT\nrequirements under 49 CFR 173.159.\nElectric storage batteries containing electrolyte or corrosive battery fluid are not\nrail if all of the following requirements are met:\nsubject to the requirements of this subchapter for transportation by highway or\n(1) No other hazardous materials may be transported in the same vehicte,\n(2) The batteries must be loaded or braced so as to prevent damage and short\ncircuits in transit,\n(3) Any other material loaded in the same vehicle must be blocked, braced, or\n(4) The transport vehicte may not carry material shippod by any person other\notherwise secured to prevent contact with or damage to the batteries, and\nthan the shipper of the batteries.\nThe Hazardous Materials Regulations except industrial trucks containing wet\nbatteries under 49 CFR 173.220.\nBattery powered or installed. Batteries must be socurely installed, and wet\nbatteries fastened in an upright position. Batteries must be profected against\nshort cincuits and leakage or removad and packaged separately under $173.159.\nBattery powered vehicles, machinery or equipment including battery powered\nwheelchairs and mobility aids are excepted from the requirements of this\nsubchapter when transported by rail, highway or vessel. Items of equipment\ncontaining hazardous materials,\ncompressed gas\naccumulators, safety devicas and other hazardous materials which are integral\n950 Taytor Station Road - Suke M1 Gahanna, OH 43230 Phone: (614) 552-8590/ Fax (814) 552-8541 Wob Stte: www.drcs.com\n\n<<<PAGE 4>>>\n\nRCS\nnoto\n6099-2004\nScratcr\ncomponents of the motor vehicte, engine or mechanical equipment and are\nnecessary for the operation of the vehicle, engine or equipment, or for the safety\nof its operator or passengers must be securely installed in the motor vehicle,\nengine or mechanical equipment. Such items are not otherwise subject to the\nrequirements of this subchapter.\nRCS Inc.'s interpretation is as follows:\nA load containing four forklifts with wet batteries still inside and four wet batteries\non two pallets is not subject to DOT requirements. The wet batteries on the\npallets are replacements for the batteries inside the forklifts. The batteries in the\nforklifts and the batteries on the pallet are identical. The forklifts containing the\nwet batteries are excepted from DOT requirements under 49 CFR 173.220. The\nUpon determination and completion of a letter of interpretation, please reply to:\nChristopher R. Sharp\nTechnical Consultant\nRCS, Inc.-Ohio\n950 Taylor Station Road, Suite M\nGahanna, OH 43230\n614-552-8530 x 32\nYour cooperation and timeliness are greatly appreciated.\nSincerely,\nChristopher R. Sharp\nTechnical Consultant\n614-552-8530 × 32\nRCS, Inc.-Ohio\ncrsharp@4rcs.com\nPage 2 of 2","truncated":false,"body_characters":6270}