YRCW- North American Transportation — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Ave., SE Washington, DC 20590 Mr. Robert A. Maberry I11 Sr. Administrator-Chemical Transportation Hazardous Materials Dept. YRCW- North American Transportation 10990 Roe Avenue Mail Stop A605 Overland Park, KS 66211 Ref. No. 08-0174 Dear Mr. Maberry: This responds to your letter requesting assistance in determining the description required for an electric storage battery on a shipping paper under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). You ask what "number and type of packages" required under 9 172.202(a)(7) should be indicated on a shipping paper for a 650-lb electric storage battery containing acid (UN2794) that is secured to a skid conforming to the non-specification packagings authorized for batteries under 5 173.159(~)(1). More specifically, you ask whether the description "1 skid, Battery, wet, filled with acid, 8, UN2794,111, 650 pounds" is acceptable or if "1 Battery, Battery, wet, filled with acid, 8, UN2794,III, 650 pounds" would be a more appropriate description. Because 5 173.159(~)(1) requires the battery to be secured to a skid without any further packaging, the description "1 skid, Battery, wet, filled with acid, 8, CTN2794,111, 650 pounds" is more appropriate. I trust this satisfies your inquiry. Please contact us if we can be of further assistance. Hattie L. Mitchell Chief, Regulatory Review and Reinvention Office of hazardous Materials Standards#

Page 2. , 10990 Roe Avenue j f ' '. ; Overland Park, KS 6621j , . . i ,. . . yrcw corn ~ 8 5hippl hj ?&p@r~/ Y c North Baff4rj( American T anc ~ o r t q t c r I < _ ( June 24,2008 Office of Hazardous.Materia1 Standards, PHMSA Attn: PHH- 10 U.S. Department of Transportation, East Bldg. 1200 New Jersey Ave., SE Washington, D.C. 20590 Edward T. Mazzullo Director, Office of Hazardous Materials Standards Mr. Mazzullo, I I I am .requesting a letter of interpretation and clarification in reference to 49 CFR parts 172.202 (a) (7) and 49 CFR 173.159 (c) (1) as they relate to the following example of a Battery, wet filled with acid, 8, UN2794, 111. The battery in this example is a 650 pound battery used for emergency power back up systems in various applications and in remote locations. It is prepared for transportation in accordance with 49 CFR 173.159 (c) (1) and "firmly secured to skids or pallets" as outlined in this part, as non specification packaging authorized for batteries packed without other materials. 49 CFR 172.202 (a) (7) requires the bill of lading to indicate the number and of packages "(for example, "12 Drums")" for a regulated hazardous material entry on a bill of lading. It is my understanding from previous conversations with the Department of Transportation, that a "pallet or skid" can not "contain" (as a means of restraint) a liquid, solid or gas and therefore is not by definition a "packaging" but an instrument of conveyance. I understand and do not disagree with that explanation. My concern is the appropriate way to describe this battery on a bill of lading in compliance with 172.202 (a) (7) when packaged in accordance with 173.159 (c) (1). Would the description: 1 skid, Battery wet filled with acid, 8, UN2794, I11 650 pounds, be in compliance with this section? Does PHMSA accept "Battery" as being a valid description of packaging in the case where there is no external packaging around the battery case? If not what would the correct entry for the above described battery that is secured to a skid or pallet and in compliance with 173.159 (c) (1) on a bill of lading? - ." , -- Roadway. I)oadw-y#

Page 3Page 2 r is greatly appreciated. YRCW- North American Transportation Robert A Mabemj III Sr. Administrator-Chemical Transportation Hazardous Materials Dept.. Phone: 913-344-5890 Fax: 913-344-3614 rob.maberry@yrcw.com#