{"operation":"document","citation":"06-0062","title":"DLA Piper Rudnick Gray Cary US LLP — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2006-04-20","effective_on":null,"summary":"06-0062 response to DLA Piper Rudnick Gray Cary US LLP concerning 173.159.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0062.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0062.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0062","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2006/060062.pdf","body":"<<<PAGE 1>>>\n\nJ.S. Departmen\nof Transportatior\n400 Seventh Street, S.W.\nWashington, D.C. 20590\nPipeline and\nHazardous Materials Safety\nAdministration\nAPR 20 2006\nMr. Paul D. Ackerman\nDLA Piper Rudnick Gray Cary US LLP\nRef. No. 06-0062\n1220 icon, D.CS. 20036-2412\nDear Mr. Ackerman:\nThis is in response to your March 10, 2006 letter requesting clarification on the\napplicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to\nthe transportation of electric storage batteries. You provide three ditterent transportation\nscenarios. Specifically, you ask if your electric storage batteries satisfy the exceptions in\n§ 173.159 when they are offered and transported under the conditions described in each\nscenario. Each scenario is summarized, and the answer for each scenario is provided as\nfollows:\nScenario 1: A facility ships (1) used non-spillable wet electric storage batteries that meet\nall the conditions of the exception in § 173.159(d); and, (2) used wet electric storage\nbatteries (i.e. not \"non-spillable\") that are loaded and transported in accordance with all\nof the conditions of the exception in § 173.159(e). The \"non-spillable\" wet electric\nstorage batteries and the wet electric storage batteries are placed into the same outer\npackaging for transportation. The batteries are offered for transportation by highway\nonly.\nAnswer 1: Your understanding is correct. Both the used \"non-spillable\" wet electric\nstorage batteries and the wet electric storage batteries meet the excoptions in § 173.159.\nPlacing both types of batteries in the same outer packaging does not preclude the use of\nthe exceptions in § 173.159.\nScenario 2: Assume the same facts set forth in Scenario 1, except the used wet electric\nstorage batteries, which are not \"non-spillable,\" are not loaded and transported in a\nmanner that complies with § 173.159(e) (e.g., the transport vehicle carries other materials\nnot shipped by the company that is shipping the batteries).\nAnswer 2: Your understanding is correct. The \"non-spillable\" wet electric storage\nbatteries are excepted from the requirements of the HMR in accordance with the\nexception in § 173.159(d). However, the wet electric storage batteries, which are not\n\"non-spillable,\" are not eligible for the exception in § 173.159(e) and must be placed in\npackagings authorized by §§ 173.159(b) or (c), and they must be offered and transported\n173.159\n060062\n\n<<<PAGE 2>>>\n\nin accordance with all applicable requirements of the HMR (e.g., marking, labeling,\nprovided the outer packaging is authorized in §§ 173.159(b) or (c), and the completed\nshipping papers). Both battery types may be placed in the same outer packaging\npackage is properly marked and labeled\nScenario 3: Assume the same facts set forth in Scenario 1, except some of the used wet\nelectric storage batteries show signs of leakage or potential leakage (e.g., corrosion or\ndamage). The facility individually places any damaged or leaking battery into a strong\nplastic polyethylene battery shipping bag to prevent any release of battery fluid during\ntransportation. The batteries are then packaged along with the other used wet electric\nstorage batteries as described in Scenario 1.\nAnswer 3: The undamaged wet electric storage batteries are not subject to the\nrequirements of the HMR. See Answer 1. Damaged batteries are not eligible for the\nexception in § 173.159(e) if the damage has rendered them incapable of retaining battery\nfluid inside the outer casing during transportation. However, a damaged battery may be\nshipped under the exception § 173.159(e) if: (1) it has been drained of battery fluid to\neliminate the potential for leakage during transportation; (2) it is repaired and/or\npackaged in such a manner that leakage of battery fluid is not likely to occur under\nconditions normally incident to transportation; or, (3) the damaged or leaking battery is\ntransported under the provisions of § 173.3(c). Battery fluid that has leaked from the\nbattery, or that has been drained from the battery prior to transportation must be classed,\npackaged and described as appropriate for the liquid, and may not be transported in the\nsame transport vehicle as batteries shipped under the exception in § 173.159(e).\nI hope this information is helpful. Please contact us if you require additional assistance.\nSincerely,\nEdward T. Mazzullo\nDirector, Office of Hazardous\nMaterials Standards\n\n<<<PAGE 3>>>\n\n10/2006 10:59\n3778\nDLAPRGC US LLP\nPAGE 02/04\nEichenlaub\n§173.159\nBatteries\n06 - 0062\nDLA\nPIPER RUDNICK\nF 202.223.2085\nGRAYCARY\nW www.dlapiper.com\n4105803001\nMarch 9, 2006\nFACSIMILE AND U.S. MAIL\nEdward T. Mazzullo, Director\nDepartment of Transportation\nPipeline and Hazardous Materials Standards Administration\nOffice of Hazardous Materials Standards\nRoom 8421\n400 7th Street, S.W.\nWashington, DC 20590-0001\nRe: Transportation of Electric Storage Batteries\nDear Mr. Mazzullo:\nWe are writing to request written confirmation of our interpretation of the\nhazardous material regulations (HMRs) applicable to the transportation of used wet\nThe batteries at issue are typical automobile and equipment batteries which have been\nelectric storage batteries containing electrolyte acid or alkaline corrosive battery fluid.\nremoved from vehicles or equipment and are being shipped by highway for reclamation.\ninterpretations are consistent with 49 C.F.R. § 173.159 and other related provisions of\nWith respect to such shipments, we ask that you please confirm that the following\nthe HMRs:\nScenario No. 1: A facility ships (i) used non-spillable wet electric storage batteries that\nmeet all of the conditions set forth in the exception found at 49 C.F.R. § 173.159(d) and\n(i) used regular wet electric storage batteries (i.e., not \"non-spillable\") which are loaded\nand transported in accordance with the conditions set forth in the exception found at\n49 C.F.R. § 173.159(e). For efficiency, the used non-spillable and regular batteries are\npackaging requirements set forth in 49 C.F.R. § 173.159(b) or the authorized non-\nshipped together in a single package that complies with either the specification\nspecification packaging requirements set forth at 49 C.F.R. § 173:159(c).\nServing cllents globally\n\n<<<PAGE 4>>>\n\n03/10/2006\n10:59\n3778\nDLAPRGC US LLP\nPAGE 03/04\nEdward T. Mazzullo, Director\nMarch 9, 2006\nDLA\nI PIPER RUDNICK\nPage 2\nGRAYCARY\nInterpretation: The act of combining the shipment of used non-spillable\napproved non-specification package, as described above, does not\nchange the applicability of the regulatory exceptions authorized by\n49 C.F.R. §§ 173.159(d) or (e). In other words, the shipment of used non-\nspillable electric storage batteries described above would remain subject\nto the exception found at 49 C.F.R. § 173.159(d). Likewise, the\nabove would remain subject to the exception found at 49 C.F.R\n§ 173.159(e). Combining the batteries into a single package does not\nnegate either exception so long as the respective conditions for each\nexception are met.\nScenario No. 2. Assume the same facts set forth in Scenario No.1, except that the\nused regular wet electric storage batteries are not loaded and transported in a manner\nthat complies with 49 C.F.R. § 173.159(e) (e.g., the transport vehicle carries other\nmaterials not shipped by the company that is shipping the batteries).\nregular wet electric storage batteries in a single specification or approved non-\nInterpretation: The act of combining the shipment of used non-spillable and\nexception authorized by 49 C.F.R. § 173.159(d) for the non-spillable batteries.\nspecification package does not change the applicability of the regulator\nUnder Scenario No. 2, the concurrent shipment of used regular electric storage\nbatteries remains subject to the HMRs and the shipper will comply with all\napplicable requirements in the regulations (i.e., shipping paper, marking,\nlabeling).\nbatteries into a single package does not negate the exception for the non-\nHowever, combining the regular batteries with the non-spillable\nspillable batteries found at 49 C.F.R. § 173.159(d) so long as the conditions set\nforth in that exception are met.\nScenario No. 3: Assume the same facts set forth in Scenario No. 1, except that prior to\nshow signs of leakage or potential leakage (e.g., corrosion or damage). The facility\nshipment the facility inspects the batteries and notes that one or more of the batteries\nindividually packs any damaged or leaking battery into a strong plastic polyethylene\nbattery shipping bag to prevent any release of battery fluid during shipment. The\nbatteries are then packaged along with the rest of the used batteries as described in\nScenario No. 1 and shipped by highway for reclamation.\nInterpretation:\nThe shipment of used regular electric storage batteries\ndescribed in Scenario 3 remains subject to the regulatory exceptions authorized\nby 49 C.F.R. §8 173.159(d) and (e). In other words, the act of using secondary\n1-6\n~BALT1:4229962.v1 |3/9/06\n\n<<<PAGE 5>>>\n\n03/10/2006 10:59\n3778\nDLAPRGC US LLP\nPAGE\n04/04\nEdward T. Mazzullo, Director\nMarch 9, 2006\nDLA PIPER RUDNICK\nPage 3\nGRAYCARY\npreventative packaging on certain batteries that are part of a shipment that is\nexempt from the HMRs under 49 C.F.R. §§ 173.159(d) or (e) has no bearing on\nwhether either exception applies.\n*\n*\n*\n*\n*\nPlease contact me if you have any questions or need additional information.\nWe appreciate any priority that you can give in responding to this request.\nery truly you\nPaul D. Ackerman\n-BALTI:4229962.v1 13/9/06","truncated":false,"body_characters":9501}