{"operation":"document","citation":"11-0162","title":"Duke Energy Corporation — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2011-09-12","effective_on":null,"summary":"11-0162 response to Duke Energy Corporation concerning 173.159.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0162.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0162.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0162","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2011/110162.pdf","body":"<<<PAGE 1>>>\n\n1200 New Jersey Avenue SE\nu.s. Department Washington. DC 20590\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\nSI:P 1 2 2011\nMr. Chuck Denny\nDuke Energy Corporation\n526 South Church Street, EC13K\nCharlotte, NC 28202\nRef. No.: 11~0162\nDear Mr. Denny:\nThis responds to your July 12,2011 request for clarification and subsequent telephone\nconversation with a member ofmy staff on the applicability ofthe Hazardous Materials\nRegulations (HMR; 49 CFR Parts 171-180) to a trailer containing six petmanently mounted\nwet electric storage batteries. In addition to the petmanently mounted batteries, you seek to\ntransport additional wet electric storage batteries in the same trailer. Specifically, you ask\nwhether you may transport the trailer under the exceptions provided by § 173 .159( e).\nThe answer is yes. The trailer described in your letter containing petmanently mounted wet\nelectric storage batteries must be transported in accordance with § 173.159 ofthe HMR. You\nmay transport additional batteries in the same trailer provided those batteries are also\ntransported in accordance with the applicable requirements of § 173.159. Provided all of the\nbatteries in the trailer meet the requirements of § 173.159( e) including protection from short\ncircuits and damage they would not be subject to any other requirements of the HMR.\nI hope this answers your inquiry. If you need additional assistance, please contact the\nStandards and Rulemaking Division at (202) 366-8553.\niZlY·S~\nBen Supko\nActing Chief, Standards Development\nStandards and Rulemaking Division\n\n<<<PAGE 2>>>\n\nDrakeford, Carolyn (PHMSA)\nFrom: INFOCNTR (PHMSA)\nSent: Wednesday, July 13, 2011 3:07 PM \" \"01\"2To:\nDrakeford, Carolyn (PHMSA)\nSubject: FW: Hazmat Information Center Feedback: Shippers-General Requirements for Shipments\nand Packagings (Sections 173.1 &ndash; 173.476)\nHi Carolyn,\nWe received the following request f~r a letter of interpretation at the HMIC.\nThanks,\nVictoria\n-----Original Message----From:\nPHMSA-Feedback [mailto:PHMSA-Feedback]\nSent: Tuesday, July 12, 2e11 3:35 PM\nTo: PHMSA HM InfoCenterj PHMSA Webmaster\nSubject: Hazmat Information Center Feedback: Shippers-General Requirements for Shipments and\nPackagings (Sections 173.1 &ndashj 173.476)\nPer my notes, this was submitted for interpretation, but in talking with DOT Helpline last\nweek (-7/6/11), the following did not appear to be in your system for interpretation. Please\nsubmit this for a DOT interpretation. Thanks in advance for your guidance.\nThe following information was submitted on 3/29/11:\nWe have a trailer (transport vehicle) with half a dozen permanently connected batteries for\nthe purpose of providing backup power while working at a substation. When used this trailer\nis attached to a utility truck and only transported by highway. This trailer, once at a\nsubstation, is connected to the control room in order to provide backup power while used\nbatteries at the substation are replaced. Once sUbstation batteries are replaced, the backup\npower trailer is disconnected and returned to the crew's home base.\nThe batteries that are connected and used as backup power are an integral part of the trailer\nand not disconnected unless to replace one of the connected trailer batteries. The batteries\nare in the front part of the trailer, which is covered and protected by a hard cover lid that\nis latched to the trailer.\nWould the connected batteries that are an integral part of the trailer fall under FMCSR and\nnot fall under DOT HMR requirements? If the connected batteries do not fall under DOT HMR,\nwe would like to also transport batteries that fall under 49 CFR 173.159 (e) in this trailer\nto and from various work locations, but wanted to make sure that the connected batteries that\nprovide backup power are not considered ((other hazardous materials'J that would eliminate the\nusage of 49 CFR 173.159 (e).\nOn 3/3e/11J the submitted question was discussed with DOT Helpline. They have submitted the\nquestion for formal interpretation letter. Based on discussion with DOT Helpline, if the\nbatteries are considered an integral part of the transport vehicle, then the batteries in\nthemselves are not being transported as cargo and not under HMR. When asked whether I wanted\nthe questions to be submitted for a formal interpretation, I said yes.\nName: Charles (Chuck) Denny\nOrganization: Duke Energy Corporation\nEmail: Chuck.Denny@duke-energy.com\n1","truncated":false,"body_characters":4444}