{"operation":"document","citation":"10-0021","title":"Ohio State Highway Patrol — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2011-03-22","effective_on":null,"summary":"10-0021 response to Ohio State Highway Patrol concerning 173.159.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0021.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0021.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0021","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2010/100021.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration\nMAR 22 2011\n1200 New Jersey Ave, SE\nWashington, D.C. 20590\nMajor Christopher K. Minter\nCommander, Office of Field Operations\nOhio State Highway Patrol\n1970 West Broad Street\nP.O. Box 182074\nColumbus, OH 43218-2081\nRef. No.: 10-0021\nDear Major Minter:\nThis is in response to your January 26, 2010 letter requesting clarification of requirements in the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to battery shipments.\nAccording to your letter, the batteries in question are secured to a pallet with stretch-wrap. The\nbatteries are stacked on top of each other in rows, and cardboard is placed between each tier to\nprevent short circuits. Specifically, you ask about appropriate methods for protecting batteries\nagainst short circuits during transportation.\nShipments of electric storage batteries are excepted from the HMR if the provisions found in\n§ 173.159(e)(1)-(4) are met. In accordance with § 173.159(e)(2), wet electric storage batteries\nmust be loaded or braced so as to prevent damage and sQort circuits in transit. There are a\nnumber of methods that will satisfy the performance standard, including the use of nonconductive\ncaps that entirely cover the terminals; utilizing cardboard, paper, wood, or similar\nmaterials to separate the batteries and cover the terminals; the use of friction mats or wooden\npallets to secure the batteries against movement; or a combination of measures that will prevent\ndamage and short circuits in transit. Batteries may be stacked provided they are secured in a\nmanner that prevents damage and short circuits in transit.\nI hope this answers your inquiry. If you have further questions, please do not hesitate to contact\nthis office.\nSincerely,\n~~::;;~\nBen Supko\nActing Chief, Standards Development Branch\nStandards and Rulemaking Division\n\n<<<PAGE 2>>>\n\nTed Strickland, Governor\nCathy Collins-Taylor, Director\n• Adminis!l'ation\nColonel David W. Dicken\n• 6ureau or Motor VehICles Superintendent\n• Emergency Management Agency\n• Emergency Medical Services Ohio State Highway Patrol\n• OffIce of Criminal Juslica Services 1970 West Broad Street\n• Ohio Homeland Security P.O. Box 182074\n• Ohio Investigative Unit Columbus, Ohio 43218-2081\n• Ohio State Highway P~oI WNtN.stalepalrol.ooio.gov\nJanuary 26,2010 Let{ rt.-f\nUnited States Department ofTransportation Pipeline and Hazardous Materials Safety Administration !317~, (!)q\n-ea.flertes\nOffice ofHazardous Materials Standards\nAttn: PHH-IO 10'\" D{j~1\nEast Building\n1200 New Jersey Avenue, SE.\nWashington, DC 20590-0001\nDear Sir or Madam:\nOn July 20,2009, an Ohio Motor Carrier Enforcement inspector stopped a commercial motor carrier straight\ntruck for a commercial motor vehicle inspection. The vehicle was loaded with used batteries and the carrier was\nacting as the shipper ofthe batteries and claimed the battery exception under 49 Code ofFederal Regulations\n§173.159. Section 173.159 states (a) Electric storage batteries, containing electrolyte acid or alkaline corrosive\nbattery fluid, must be completely protected so that short circuits will be prevented (e.g., by the use ofnonconductive\ncaps that entirely cover the terminals).\nThe carrier/shipper had several pallets loaded with used batteries. Each pallet ofbatteries had cardboard placed\nbetween each tier ofbatteries~ the batteries had shrink wrap applied around the batteries to secure them to the\npallets. The only protection from preventing the battery electrodes from coming in contact with other batteries\nwas the cardboard.\nWe are requesting an interpretation to the requirements of 173.1 59(a). Did the cardboard the carrier/shipper use\nto separate the layers ofbatteries meet the exception?\nAttached are photos ofthe load ofbatteries at the time ofthe inspection.\nSincere]y,\n!?7~.Yz C' R. )?l~\nMajor Christopher K. Minter\nCommander\nOffice ofField Operations\nOhio State Highway Patrol\nEnc1\nCKMIAJSIJRF 173.159 Interpretation Request 012610\nAn intemat/onalJy accredited agency whose mission Is to protect life and property.\npromote tmfffc safely and provide professional pubHc safety setVices with respect, compassion. and IJfIblased professionalism\nAn Equal Opportunity Employer\n\n<<<PAGE 3>>>\n\nTARE 16,600\nGROSS WT. 33,000\n870\n\n<<<PAGE 4>>>\n\n\n\n<<<PAGE 5>>>\n\n\n\n<<<PAGE 6>>>\n\nECIALTY","truncated":false,"body_characters":4371}