{"operation":"document","citation":"09-0115","title":"North Carolina State Highway Patrol — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2009-07-06","effective_on":null,"summary":"09-0115 response to North Carolina State Highway Patrol concerning 173.159, 177.834.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0115.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0115.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0115","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2009/090115.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department of Transportation\nPipeline and Hazardous Materials\nSafety Administration\n1200 New Jersey Ave, S.E\nWashington, D.C. 20590\nTrooper K.S. Herring\nNorth Carolina State Highway Patrol\n2820 E. 10th Street\nGreenville, NC 27858\nRef. No. 09-0 1 15\nDear Trooper Herring:\nThis responds to your April 28, 2009 letter requesting clarification of requirements applicable\nto the transportation of wet batteries under the Hazardous Materials Regulations (HMR; 49\nCFR Parts 1 7 1-1 80). Specifically, you ask for clarificatioil regarding our letter dated June 3,\n2008 (Ref. No. 08-0067) to Mr. Dan Lane, of the Interstate Battery System of America, Inc.,\nconcerning loading and bracing of wet batteries in so-called \"Mickey Body\" trucks.\nIn accordance with Cj 173.159(e)(2), wet electric storage batteries must be loaded or braced so\nas to prevent damage and short circuits in transit. A Mickey Body truck is designed so that\nthe shelves in the compartments of the truck slope downward from the exterior toward the\ninterior of the vehicle, and the shelves are covered with a slip-resistant surface. Our June 3,\n2008 letter was intended to clarify that the loading methods described by Mr. Lane (i.e., the\nbatteries are not stacked and, if the compartmeilt in which the batteries are loaded is not full,\nthe batteries are placed tightly to the front and interior of the compartment) combined with the\nslip-resistant surface and the downward slope of the shelving used in the trucks sufficiently\nprovides for the achievement of the performance standard in Cj 173.159(e)(2). The slip-\nresistant surface installed in a Mickey Body truck need not meet the definition of \"friction\nmat\" in 49 CFR Cj 393.5.\nPlease be aware that transportation in Mickey Body trucks using the loading method\naddressed in our June 3, 2008 letter is one way to satisfy the performance standard in\nCj 173.1 59(e)(2). There are a number of other loading methods that will satisfy the\nperformance standard, including the use of non-conductive caps that entirely cover the\nterminals; utilizing cardboard, paper, wood, or similar materials to separate the batteries and\ncover the terminals; the use of friction mats or wooden pallets to secure the batteries against\nmovement; or a combination of measures that will prevent damage and short circuits in\ntransit. Batteries may be stacked provided they are secured in a manner that prevents damage\nand short circuits in transit.\n\n<<<PAGE 2>>>\n\nIf evidence indicates that batteries are damaged or short circuited or turn over and leak while\nin transport, then the performance standard of tj 173.159(e)(2) is not achieved no matter what\nvehicle or loading method is used. If such evidence is found, the shipper or carrier may be\nsubject to appropriate enforcement action. Note that shipments transported by highway or rail\nthat fully comply with the requirements in tj 173.159(e) are not subject to ally other\nrequirements of the HMR.\nI trust this satisfies your inquiry. Please contact us if we call be of further assistance.\nHattie L. Mitchell\nChief, Regulatory Review and Reinvention\nOffice of Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\nBeverly Eaves Perdue\nGovernor\nR uben F. Young\nSec f, tary\nWalter J. Wilson, Jr.\nColonel\nNorth Carolina\nDepartment of Crime Control and Public Safety\nState Highway Patrol\nLocation:\n5 12 N. Salisbury Street\nRaleigh, NC 27604\n(919) 733-7952\nMailing Address:\n4702 Mail service Center\nRaleigh, NC 27699-4702\nPHMSA Office of Hazardous Materials Standards\nEast Building\n1200 New Jersey Avenue. SE\nWashington, D.C. 20590-000 1 & He i;eg\n28 April 2009\nAssociate Administrator,\nThis letter is in response to your June 3, 2008 letter (Ref. No. 08-0067) concerning the\nrequirements of Title 49 CFR 173.159(e) (1-4). Specifically our enforcement personnel have\nquestions regarding the use of the \"Mickey Body\" trucks to transport wet batteries. For the\npurpose of this letter all questions posed are pertaining to the transportation of wet batteries in\nthe \"Mickey Body7' truck. The letter states that the batteries are required to be placed on a \"slip-\nresistant7' covered surface. The definition of a slip-resistant surface can vary. Does the slip-\nresistant surface used have to be a manufactured \"friction mat\" as defined in FMCSR 393.5, or\ndoes a wooden fork-lift pallet suffice?\nThe second issue is that the letter states that compliance is achieved if the majority of the\nbatteries are wrapped in plastic, placed tightly to the fiont and interior of each compartment that\nis less-than-full, and the batteries are not stacked. The term \"majority7' leaves a gray area as to\nwhether the carrier is in compliance or not. Many new wet batteries come from the factory with\nand without plastic wrapping for protection. For roadside inspection purposes, would a majority\nbe defined as more than one half? It is understood that the batteries must be placed tightly to the\nfront and interior of each compartment that is less-than-full and not stacked. However, if the\nbatteries are not placed tightly to the fiont and interior (visible space between each) or are\nstacked, does the carrier lose the CFR 173.159 exception? If stacked, does the top stack have to\ncomply with CFR 177.834, or do both the bottom and top stack have to conform to CFR\n177.834? CFR 173.159(e) (2) states: \"The batteries must be loaded or braced so as to prevent\ndamage and short circuits in transit (e.g. by the use of nopz-conductive caps that entirely cover\nthe terminals) \". Does a carrier that utilizes cardboard, paper, wood, or similar material placed\nbetween the stacks of batteries with no other form of battery terminal protection meet the\nrequirement of CFR 173.159(e)(2)? Does CFR 173.159(e) (2) require each individual battery\nterminal to be covered to prevent short circuits during transit? Thank you for your time and\nassistance in this matter.\nOn my honor, I will never betray my badge, my integrity, my character, or the public trust. I will\n~ ~ ~ ~ ~ ~ ~ ~ i ~ ~ a l l ~ always have the courage to hold myself and others accountable for our actions. I will always\n~ ~ ~ ~ ~ d i ~ ~ d A~~~~~ uphold the constitution, my community, and the agency I serve.\n\n<<<PAGE 4>>>\n\n@&\nTrp. K.S. Herring\nNorth Carolina State Highway Patrol\nTroop \"A\" MCSAP\n2820 E. loth St.\nGreenville, N.C. 27858\n252.917.7309","truncated":false,"body_characters":6337}