HAZ-MAT Transportation Services — Hazardous Materials Safety Interpretation

Page 1U.S. Department Pipeline and Hazardous of Transportation 1200 New Jersey Avenue, S.E. Washington, D.C. 20590 Materials Safety Administration 2 0 2007 Mr. Jack Peters Ref. No.: 07-0138 HAZ-MAT Transportation Services P.O. Box 69206 Seattle, WA 98168 Dear Mr. Peters: This is in response to your July 9, 2007 letter regarding packaging requirements for batteries under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask if it is permissible to transport "Batteries, wet, filled with acid, 8, UN 2794, PG III," "Battery fluid, acid, 8, UN 2796, PG II," and batteries that have yet to be filled with acid on the same palette. § 173.159(c)(1) may be placed inside a larger package or affixed to a palette that also contains other compatible hazardous and non-hazardous materials. This shipping configuration is referred to as an overpack, as defined in § 171.8. It requires the battery to be packaged in accordance with § 173.159(c)(1), the battery acid in accordance with § 173.159(g), and the overpack in abeled for each hazardous material contained therein unless markings and labels representativ ccordance with the requirements specified in § 173.25. The overpack must be marked anc of each hazardous material in the overpack are visible. You should also be aware that when packaged and overpacked as described in your letter, the ‹ception in § 173.159(e) does not apply to electric storage batteries. Electric storage batteri ontaining electrolyte or corrosive battery fluid are excepted from the HMR when transported accordance with the provisions specified in § 173.159(e). The condition specified in § 173.159(e)(1) states that no other hazardous materials may be transported on the same vehicle. Therefore, with the exception of the batteries, no hazardous materials, including corrosive battery fluid, may be transported on the vehicle. I hope this information is helpful. If you have further questions, please do not hesitate to contact this office. Sincerely, Hattie L. Mitchell Office of Hazardous Materials Standards Chief, Regulatory Review and Reinvention 173.159 (e) 070138 173.25#

Page 2• Drakeford, Carolyn <PHMSA> Sent: From: INFOCNTR <PHMSA> Subject: To: Monday, July 09, 2007 2:13 PM Pollack FW: Information Center Comments/Questions Drakeford, Carolyn <PHMSA> $173.159(e) Batteries -----Original Message-----. 07-0138 Sent: Monday, July 09, 2007 10:23 AM From: jlpetersl@juno.com [mailto:jlpeters1@juno.com] To: INFOCNTR < PHMSA> Subject: Information Center Comments/Questions Wants a written letter of interp. Completed via phone 7/9 by RB @ 2:12 pm @juno.com) on Monday, July 9, 2007 at 10:22:38. Below is the result of your feedback form. It was submitted by Jack Peters (jlpetersl Email: jlpetersl@juno.com Name: ( Jack Peters 173.476) Category: Shippers-General Requirements for Shipments and Packagings (Sections 173.1 - Organization: HAZ-MAT Transportation Services Street: P. O. Box 69206 City: Seattle, State: Washington Zip Code: 98168 Phone: 253-219-0907 Cell. Fax: 253-840-2085 (Call first) Comments: Mr. Edward T. Mazzullo Director, Materials Standards U. S. DOT/PHMSA (PHH-10) 1200 New Jersey July 9, Avenue, SE East Building, 2nd Floor Jack Peters P. O. Box 69206 HAZ-MAT Transportation Services Seattle, WA 98168 Mr. Mazzullo, This question has to do with 173.159 (c) (1) and 173.159 (g) . A client of mine receives wet batteries prepared in accordance with 173.159 (c) (1).| company who ships those batteries have been placing dry batteries with acid packs prepared in accordance with 173.159 (g) on the same pallet (package) with the wet batteries. package (battery and acid pack) and placed it in another package (batteries on pallet). These are 2 different packages and I am not aware that you can take one properly prepared#

Page 3package. The regulations, from my point of view doew not allow for this as each one is a separate When prepared in accordance with 173.159 (c) (1), does that packaging method permit other properly packaged hazardous materials per 173.159 (g) to be placed in the same package? The first method is a package and not an overpack and the second is a separate package. Additionally, they are not marking the pallet (batteries and dry batteries/acid pack) with the proper shipping name and UN number for the battery acid (2796). Shipping documents are correct and identify both batteries and battery acid. Thank you for your consideration in this matter. I can ba reached at 253-219-0907 Pacific Time Zone. Jack Peters HAZ-MAT Transportation Services 2#