H.C. Gabler, Inc. — Hazardous Materials Safety Interpretation

Page 1Washington, D.C. 20590 400 Seventh Street, S.W. Pipeline and Administration tazardous Materials Safet NOV 16 2006 Mr. Robert L. Summers Ref. No. 06-0240 Operations Manager P.O. Box 220 H.C. Gabler, Inc. Chambersburg, PA 17201-0220 Dear Mr. Summers: Hazardous Materials Regulations (49 CFR Parts 171-180) to shipments of wet batteries. This responds to your August 11, 2006 letter concerning the applicability of the Specifically, you ask about the exception in §173.159(e) for shipments of electric storage batteries containing electrolyte or corrosive battery fluid. shipments from several different manufacturers. You ask if you may utilize the exception According to your letter, you are a third-party logistics provider handling battery in §173.159(e) to consolidate battery shipments from several different manufacturers on one transport vehicle. In accordance with §173.159(e), electric storage batteries containing electrolyte or corrosive battery fluid are excepted from regulation under the HMR for transportation by highway or rail provided no other hazardous materials are transported in the same vehicle; the batteries are loaded or braced to prevent damage and short circuits in transit; batteries; and the transport vehicle does not carry any material shipped by any person any other material in the vehicle is secured to prevent contact with or damage to the other than the shipper of the batteries. Under the HMR, transportation in commerce begins when a carrier takes physical possession of a hazardous material for purposes of transporting it and continues until the hazardous material is delivered to the destination indicated on a shipping docurent, package marking, or other medium (see §171.1(c)). For the scenario described in your letter, transportation of the batteries delivered to your warehouse ends upon delivery destination. For subsequent transportation of these batteries, you are considered the provided the shipping documentation indicates that your warehouse is the shiprent 173.159 6) 060240#

Page 2shipper for purposes of the HMR and may utilize the exception in §173.159(e) to consolidate batteries from different manufacturers on one transport vehicle. I hope this answers your inquiry. Sincerely, John A Gale fuel « Office of Hazardous Materials Standards Chief, Standards Development#

Page 3Boothe 8113.159 (e) Batteries H.C. GABLER, INC. 06-6240 P.O. BOX 220 • CHAMBERSBURG, PENNSYLVANIA 17201-0220 • 717-264-4184 • FAX 717-264-8967 August 11, 2006 Hazardous Materials Registration Manager PHH-62 Pipeline and Hazardous Materials Safety Administration U.S. Depariment of Transportation 400 Seventh Street - S.W. Washington, DC 20590 Subj: Reg. No. 071906 550 0670Q issued 7/19/06 Dear Sir or Madam: We are a third party logistics provider for a Battery Manufacturer who supplies a mutual customer in Central PA. The batteries are identified as UN2794 and are a Class 8 Corrosive. •.:. As a recent licensee under 49 U.S.C. 5108 I am seeking clarification of Rule 173.159 (e) paragraph (4) which states "the transport vehicle may not carry material by any person other than the shipper of the batteries. My question is when does my responsibility as a shipper begin under the 3PL program. Once I accept the batteries into our warehouse and take possession of the product do I then become the shipper which would allow me to ship batteries with another manufacturer of batteries. For example could I ship Class 8 Corrosive, Wet Batteries and consolidate one manufacturers products with another vendor that I have in our warehouse. Thank you for your prompt response in clarifiying this issue for us. Sincerely, Spect of sermis Robert L. Summers Operations Manager LEASING • WAREHOUSING • TRANSPORTATION • DISTRIBUTION • LOGISTICS MANAGEMENT#