J.B. Hunt Transport, Inc. — Hazardous Materials Safety Interpretation

Page 1J.S. Department of Transportation 400 Seventh Street, S.W. Washington, D.C. 20590 Pipeline and Administration Hazardous Materials Safety JAN 17 2006 Mr. Loren Wish Ref No.: 05-0216 J.B. Hunt Transport, Inc. Compliance Manager 615 J.B. Hunt Corp Drive Lowell, AR 72745 Dear Mr. Wish: This responds to your September 9, 2005 letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask if a carrier may use the exception for electric storage batteries provided in § 173.159(e) when the original shipper of the batteries chooses not to use the exception. Additionally, you ask if the bill of lading must include a statement indicating that the batteries are transported in accordance with § 173.159(e). Section 173.159(e) provides relief from the requirements of the HMR for shipments of electric storage batteries containing electrolyte or corrosive battery fluid when the following conditions are met: (1) Transportation is by highway or rail; (2) No other hazardous materials are transported in the same vehicle; (3) The batteries are loaded or braced to prevent damage or short circuits during transportation; (4) Any other material loaded in the same vehicle is blocked, braced, or otherwise (5) The transport vehicle does not carry material shipped by any person other than the secured to prevent contact with or damage to the batteries; and shipper of the batteries. A carrier may use the exception in § 173.159(e), even when the shipper of the batteries loes not choose to use the exception. For example, if a shipper provides placards to th arrier for a shipment of batteries, the carrier may choose not to display the placards or the transport vehicle if the shipment satisfies the conditions of the exception provided in § 173.159(e). The bill of lading is not required to include a statement indicating that the I hope this information is helpful. Please contact us if you require additional assistance. 173.159 (e) Office of Hazardous Materials Standards 050216#

Page 239/09/2005 14:45 4796596031 COMPLIANCE PAGE 02 Eichenlaub $173 159(e) J.B. HUNT Batteries J.B. HUNT TRANSPORT, INC. September 9, 2005 05.0216 Mr. Edward T. Mazzullo Director, Office of Hazardous Materials Standards U.S. DOT/PHMSA (PHH-10) 400 70 Street, S.W. Washington, D.C. 20590-0001 Dear Mr. Mazzullo: I am in need of your assistance concerning § 173.159(e). J.B. Hunt Transport, Inc. hauls batteries evolve around how use of the exception is declared, and which parties have the authority t or some of our customers, and many of these customers use this exception. Our concem: declare use. 1. Are shippers required to declare the use of this exception? 2. If so, do they need to state this on the bill of lading, such as stamping or writing §173.159(e) on the bill? 3. Is the shipper the only group with authority to claim this exception? 4. Is the motor carrier authorized to claim the exception as well, if the shipper declines to? Our concern is that one of our drivers without a HazMat endorsement on their CDL could possibly reason the shipper gives the driver placards. At that time, our driver would not be able to transport be sent to pick up a load of batteries from a shipper that normally uses this exception, but for some the authority to verify that the load has met all the requirements of § 173.159(e) and then pull the the load due to the placards on the trailer. Does J.B. Hunt, as the motor carrier for this load, have placards from the trailer? your assistance in this matter. If you need any additional information, feel free to contact me at (479) 659-6018. Thank you for Sincerely, Mr. Loren Wish Compliance Manager J.B. Hunt Transport, Inc. 615 J.B. Hunt Corp Drive Lowell, AR 72745 P.O. BOX 598 • LOWELL, ARKANSAS 72745 (479) 820-0000#