{"operation":"document","citation":"06-0240","title":"H.C. Gabler, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2006-11-16","effective_on":null,"summary":"06-0240 response to H.C. Gabler, Inc. concerning 173.159.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0240.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0240.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0240","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2006/060240.pdf","body":"<<<PAGE 1>>>\n\nWashington, D.C. 20590\n400 Seventh Street, S.W.\nPipeline and\nAdministration\ntazardous Materials Safet\nNOV 16 2006\nMr. Robert L. Summers\nRef. No. 06-0240\nOperations Manager\nP.O. Box 220\nH.C. Gabler, Inc.\nChambersburg, PA\n17201-0220\nDear Mr. Summers:\nHazardous Materials Regulations (49 CFR Parts 171-180) to shipments of wet batteries.\nThis responds to your August 11, 2006 letter concerning the applicability of the\nSpecifically, you ask about the exception in §173.159(e) for shipments of electric storage\nbatteries containing electrolyte or corrosive battery fluid.\nshipments from several different manufacturers. You ask if you may utilize the exception\nAccording to your letter, you are a third-party logistics provider handling battery\nin §173.159(e) to consolidate battery shipments from several different manufacturers on\none transport vehicle.\nIn accordance with §173.159(e), electric storage batteries containing electrolyte or\ncorrosive battery fluid are excepted from regulation under the HMR for transportation by\nhighway or rail provided no other hazardous materials are transported in the same\nvehicle; the batteries are loaded or braced to prevent damage and short circuits in transit;\nbatteries; and the transport vehicle does not carry any material shipped by any person\nany other material in the vehicle is secured to prevent contact with or damage to the\nother than the shipper of the batteries.\nUnder the HMR, transportation in commerce begins when a carrier takes physical\npossession of a hazardous material for purposes of transporting it and continues until the\nhazardous material is delivered to the destination indicated on a shipping docurent,\npackage marking, or other medium (see §171.1(c)). For the scenario described in your\nletter, transportation of the batteries delivered to your warehouse ends upon delivery\ndestination. For subsequent transportation of these batteries, you are considered the\nprovided the shipping documentation indicates that your warehouse is the shiprent\n173.159 6)\n060240\n\n<<<PAGE 2>>>\n\nshipper for purposes of the HMR and may utilize the exception in §173.159(e) to\nconsolidate batteries from different manufacturers on one transport vehicle.\nI hope this answers your inquiry.\nSincerely,\nJohn A Gale\nfuel\n« Office of Hazardous Materials Standards\nChief, Standards Development\n\n<<<PAGE 3>>>\n\nBoothe\n8113.159 (e)\nBatteries\nH.C. GABLER, INC. 06-6240\nP.O. BOX 220 • CHAMBERSBURG, PENNSYLVANIA 17201-0220 • 717-264-4184 • FAX 717-264-8967\nAugust 11, 2006\nHazardous Materials Registration Manager\nPHH-62\nPipeline and Hazardous Materials Safety Administration\nU.S. Depariment of Transportation\n400 Seventh Street - S.W.\nWashington, DC 20590\nSubj: Reg. No. 071906 550 0670Q issued 7/19/06\nDear Sir or Madam:\nWe are a third party logistics provider for a Battery Manufacturer who supplies a mutual\ncustomer in Central PA. The batteries are identified as UN2794 and are a Class 8\nCorrosive.\n•.:.\nAs a recent licensee under 49 U.S.C. 5108 I am seeking clarification of Rule 173.159 (e)\nparagraph (4) which states \"the transport vehicle may not carry material by any person\nother than the shipper of the batteries. My question is when does my responsibility as a\nshipper begin under the 3PL program. Once I accept the batteries into our warehouse and\ntake possession of the product do I then become the shipper which would allow me to ship\nbatteries with another manufacturer of batteries. For example could I ship Class 8\nCorrosive, Wet Batteries and consolidate one manufacturers products with another vendor\nthat I have in our warehouse.\nThank you for your prompt response in clarifiying this issue for us.\nSincerely,\nSpect of sermis\nRobert L. Summers\nOperations Manager\nLEASING • WAREHOUSING • TRANSPORTATION • DISTRIBUTION • LOGISTICS MANAGEMENT","truncated":false,"body_characters":3809}