Ohio State Highway Patrol — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration MAR 22 2011 1200 New Jersey Ave, SE Washington, D.C. 20590 Major Christopher K. Minter Commander, Office of Field Operations Ohio State Highway Patrol 1970 West Broad Street P.O. Box 182074 Columbus, OH 43218-2081 Ref. No.: 10-0021 Dear Major Minter: This is in response to your January 26, 2010 letter requesting clarification of requirements in the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to battery shipments. According to your letter, the batteries in question are secured to a pallet with stretch-wrap. The batteries are stacked on top of each other in rows, and cardboard is placed between each tier to prevent short circuits. Specifically, you ask about appropriate methods for protecting batteries against short circuits during transportation. Shipments of electric storage batteries are excepted from the HMR if the provisions found in § 173.159(e)(1)-(4) are met. In accordance with § 173.159(e)(2), wet electric storage batteries must be loaded or braced so as to prevent damage and sQort circuits in transit. There are a number of methods that will satisfy the performance standard, including the use of nonconductive caps that entirely cover the terminals; utilizing cardboard, paper, wood, or similar materials to separate the batteries and cover the terminals; the use of friction mats or wooden pallets to secure the batteries against movement; or a combination of measures that will prevent damage and short circuits in transit. Batteries may be stacked provided they are secured in a manner that prevents damage and short circuits in transit. I hope this answers your inquiry. If you have further questions, please do not hesitate to contact this office. Sincerely, ~~::;;~ Ben Supko Acting Chief, Standards Development Branch Standards and Rulemaking Division#

Page 2Ted Strickland, Governor Cathy Collins-Taylor, Director • Adminis!l'ation Colonel David W. Dicken • 6ureau or Motor VehICles Superintendent • Emergency Management Agency • Emergency Medical Services Ohio State Highway Patrol • OffIce of Criminal Juslica Services 1970 West Broad Street • Ohio Homeland Security P.O. Box 182074 • Ohio Investigative Unit Columbus, Ohio 43218-2081 • Ohio State Highway P~oI WNtN.stalepalrol.ooio.gov January 26,2010 Let{ rt.-f United States Department ofTransportation Pipeline and Hazardous Materials Safety Administration !317~, (!)q -ea.flertes Office ofHazardous Materials Standards Attn: PHH-IO 10'" D{j~1 East Building 1200 New Jersey Avenue, SE. Washington, DC 20590-0001 Dear Sir or Madam: On July 20,2009, an Ohio Motor Carrier Enforcement inspector stopped a commercial motor carrier straight truck for a commercial motor vehicle inspection. The vehicle was loaded with used batteries and the carrier was acting as the shipper ofthe batteries and claimed the battery exception under 49 Code ofFederal Regulations §173.159. Section 173.159 states (a) Electric storage batteries, containing electrolyte acid or alkaline corrosive battery fluid, must be completely protected so that short circuits will be prevented (e.g., by the use ofnonconductive caps that entirely cover the terminals). The carrier/shipper had several pallets loaded with used batteries. Each pallet ofbatteries had cardboard placed between each tier ofbatteries~ the batteries had shrink wrap applied around the batteries to secure them to the pallets. The only protection from preventing the battery electrodes from coming in contact with other batteries was the cardboard. We are requesting an interpretation to the requirements of 173.1 59(a). Did the cardboard the carrier/shipper use to separate the layers ofbatteries meet the exception? Attached are photos ofthe load ofbatteries at the time ofthe inspection. Sincere]y, !?7~.Yz C' R. )?l~ Major Christopher K. Minter Commander Office ofField Operations Ohio State Highway Patrol Enc1 CKMIAJSIJRF 173.159 Interpretation Request 012610 An intemat/onalJy accredited agency whose mission Is to protect life and property. promote tmfffc safely and provide professional pubHc safety setVices with respect, compassion. and IJfIblased professionalism An Equal Opportunity Employer#

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