American Electric Power — Hazardous Materials Safety Interpretation

Page 1f Transportatior I.S. Departmen 1200 New Jersey Avenue, S.E ipeline and Hazardou Washington, D.C. 20590 laterials Safety Administratio SEP 1 8 2007 Mr. Ray Wirt Ref. No.: 07-0026 Dear Mr. Wirt: the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). In your letter you describe This is in response to your February 5, 2007 letter regarding the transportation of batteries under a scenario where electric storage batteries are transported with other hazardous materials that are used for vehicle maintenance purposes or the safety of the driver. You ask if the presence of these other hazardous materials affects the applicability of the exception in § 173.159(e). As specified in § 173.159(e), electric storage batteries containing electrolyte or corrosive battery fluid are not subject to the HMR for transportation by highway or rail if all of the following requirements are met: (1) no other hazardous materials may be transported in the same vehicle; (e.g., by the use of non-conductive caps that entirely cover the terminals); (3) any other material (2) the batteries must be loaded or braced so as to prevent damage and short circuits in transit loaded in the same vehicle must be blocked, braced, or otherwise secured to prevent contact with or damage to the batteries; and (4) the transport vehicle may not carry material shipped by any hazardous materials, even those excepted from all or part of the HMR (e.g.. materials of trade; person other than the shipper of the batteries. If the transport vehicle contains any other see § 173.6), the exception in § 173.159(e) does not apply. Materials necessary for the safety of the driver or maintenance of the vehicle are not "in commerce" (e.g., fire extinguishers or road flares required under the Federal Motor Carrier Safety Regulations (49 CFR Parts 390-397) and integral safety equipment excepted under § 173.220(e)) and do not effect the applicability of § 173.159(e). this office. I hope this information is helpful. If you have further questions, please do not hesitate to contact Chief. Regulatory Review and Reinvention Hattie L. Mitchell Office of Hazardous Materials Standards 173.159(e) 070026#

Page 22: 19rw AMERICAN ELECIKIC rUWEK No. 0142 P. L • Pollack $173.159 (e) Eamest R Wirt/CA1/AEPIN To dot.comments@dot.gov Batteries 02/02/2007 04:26 PM CC 07-0026 bec Subject. Question regarding 49 CFR Part 173.159 (e) Dear Sir or Madam, clearly understand that section 173.159(e)(1) ("No other hazardous materials may be transported in th exception. However, what I'm unclear on, is does this prohibition also include items such as paint or other ame vehicle:") prohibits transporting any other haz mat on the vehicle in order to take advantage of the naterials (deicer, cleaning solvents, lubricants, etc.) in spray cans that are on the vehicle for maintenance Thanks for your assistance and have a nice weekend. BE Ray Wirt Audinet: 920-7763 Cell Phone: 330-323-5525 Outside: 330-438-7763 Pager: 800-607-0458 Page 2 of 2#