{"operation":"document","citation":"11-0217","title":"Hazardous Materials Safety Interpretation 11-0217","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2012-03-21","effective_on":null,"summary":"11-0217 concerning 173.159.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0217.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0217.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0217","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2011/110217..pdf","body":"<<<PAGE 1>>>\n\nU.S. Department Washington. DC 20590\n1200 New Jersey Avenue SE\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\nShannon M. Trevithick liAR .112m2\nBritton & Associates\nAttorneys at Law\n735 North Water Street, 16th Floor West\nMilwaukee, WI 53202\nRef. No.: 11-0217\nDear Mr. Trevithick:\nThis responds to your August 17,2011 letter and follow-up telephone discussion regarding\nthe transportation requirements for wet (electric storage) batteries in the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you request\nclarification of the loading and bracing requirements in § 173.159(e)(2), which require\nbatteries to be loaded or braced so as to prevent damage and short circuits in transit. You\nprovide a diagram and a proposed pallet production protocol that your client, Johnson\nControls Battery Group, Inc. (JCI), requires shippers to comply with when creating pallets\nof wet batteries for highway transportation. You ask whether this diagram and these\nprocedures comply with the loading and bracing requirements specified in § 173.159(e)(2).\nFinally, you indicate that JCI applied for, and was granted party status to DOT-SP 15161,\nwhich is a valid and current PHMSA special permit that authorizes the transportation in\ncommerce of lead batteries from more than one shipper without voiding the exception in\n§ 173.1S9(e).\nAs stated in the enclosed July 30,2010 letter from Mr. Charles E. Betts to Mr. Robert N.\nSteinwut1zel (Ref. No.: 10-0129; copy enclosed), the requirement in § 173.1S9(e)(2) for\nthe batteries to be loaded or braced so as to prevent damage and short circuits in transit is a\nperformance requirement. Though the diagram and the proposed pallet production\nprotocol described in your letter appear to satisfy the intent ofthe requirement, the shipper\nand the carrier must ensure that the palletized batteries are loaded or braced so as to\nprevent damage and short circuits in transit. Further, provided that JCI complies with the\nprovisions of DOT -SP 15161 and this special permit is valid and current (i.e., no leakage\nand not expired), the transport vehicles would be permitted to carry material offered from\nmultiple shippers.\n\n<<<PAGE 2>>>\n\nPlease note that motor carriers may be subject to additional requirements to protect against\nshifting and falling of cargo under the Federal Motor Carrier Safety Regulations in 49 CFR\nPart 393, Subpart I.\nI hope this answers your inquiry. If you need additional assistance, please contact the\nStandards and Rulemaking Division at (202) 366-8553.\nSincerely,\nDr. Magdy EI-Sibaie\nAssociate Administrator for\nHazardous Materials Safety\nEnclosure\n\n<<<PAGE 3>>>\n\nU.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration\n1200 New Jersey Ave. SE\nWashington. D.C. 20590\nJUl 30 2010\nMr. Robert N. Steinwurtzel,\nBingham McCutchen LLP\n2020 K St., NW\nWashington, DC 20006-1806\nRef. No. 10-0129\nDear Mr. Steinwurtzel:\nThis responds to your June 14,2010 letter regarding the transportation requirements for wet\n(electric storage) batteries under the Hazardous Materials Regulations (HMR; 49 CFR Parts\n171-180). You ask for clarification of the requirements for exception from regulation as Class 8\ncorrosive materials for 'wet batteries under § 173.1 59(e) of the HMR. Specifically, you ask for\nclarification of procedures that satisfy the requirement of § 173.159( e )(2) that batteries must be\nloaded or braced to prevent damage and short circuits in transit.\nAccording to your letter, the Battery Council International (BCI) has published procedures on\nhow to package used wet batteries on pallets (see Used Battery Stack and Wrap Flyer available\nat www,battervcouncil.org). The procedures include:\n(1) Pallet specifications (e.g., a maximum ofthree layers of batteries per pallet);\n(2) Instruction to place cardboard (waflleboard) between the pallet and layers of\nbatteries to prevent damage, short circuits, and sliding;\n(3) Instruction to orient battery terminals in such a manner to prevent short circuits; and\n(4) Instruction to stretch wrap the batteries to the pallet to secure the batteries and prevent\nthem from falling off the pallet.\nAdditionally, you indicate an industry practice of loading a motor vehicle by placing pallets\ntightly against each other front to back and using standard load locks andlor straps at the frpnt\nand rear ofthe load to secure the pallets from shifting forward or rearward on the motor vehicle,\nDepending on the configuration of the pallets, there may be void space between the pallets and\nthe walls of the motor vehicle trailer. You request clarification that the combination ofthe BCI\npackaging procedures and industry loading practice satisfies the requirement of § 173.159( e )(2).\nIt is the opinion of this Office that the method of loading the wet batteries on a motor vehicle\ndescribed in your letter satisfies the requirement of § 173. I59(e)(2) so long as no damage or\nshort circuit occurs in transit. However, this requirement is a performance standard, so that if\nthe batteries are capable of shifting to the extent of causing damage or short circuit, this method\nofloading would not comply with § 173.159(e)(2).\n\n<<<PAGE 4>>>\n\nNote that motor carriers may be subject to additional requirements to protect against shifting\nand falling of cargo under the Federal Motor Carrier Safety Regulations in 49 CFR Part 393,\nSubpart I.\nI hope this infonnation is helpful. If you have further questions, please contact this office.\nsmce:l~\nharles E. Betts\nief, Standards Development\no of Hazardous Materials Standards\n\n<<<PAGE 5>>>\n\nNi~kets\n.~ 118. 15'1(e)C?:)\n&tJ.eries\nSHANNON M. 'T'REVITHICK*\nAss ~&se\nIl-O:L/1\nTELEPIIONh: 4l4\"273~2900\n]'I. MAIL: sml@brmQn~law.com A'rTOR LA FAX: 414·2'13· 290!)\nWEU: www.briUol1·iaw.com\n'Also admitted to pmC/in' in WlwlJiHgtOrl lind Illinois\nAugust 17,2011\nMagdy EJ-Sibaie\nAssociate Administrator\nU.S. Department of Transportation\nPipeline and Hazardous Materials Safety Administration\nEast Building, 2nd Floor\nMail Stop: E21-317\n1200 New Jersey Ave., SE\nWashington, DC 20590\nREQUEST FOR CLARIFICATION OF BRACING UNDER\n49 C.F.R. § 173.159(e)(2)\nDear Dr. El-Sibaie:\nThis office represents Johnson Controls Battery Group, Inc. (\")el\"). JeI is a\nmanufacturer of lead-acid batteries for public sale. lCI also arranges the pick-up and\ntransportation of spent lead battery \"cores\" from customer'locations to recycling facilities.\nlCI ships the battery cores pursuant to the exemption contained at 1·9 CFR §\n173.1S9(e). That exemption from the normal hazardous materials regulatory\nrequirements applies to shippers/carriers of lead\"acid batteries, as long as four conditions\nare met:\n1. No other hazardous materials may be transported in the same vehicle;\n2. The batteries must be loaded or braced so as to prevent damage and short circuits\nin transit;\n3. Any other material loaded in the same vehicle must be blocked, braced, or otherwise\nsecured to prevent contact with or damage to the batteries; and\n'135 NOUTH WATI·:n. STlu'rn;16TH !>IDOl{ V'ES'l~ M1LWAUKEE,WISCONSiN 53202\nBRITTON .'!c ASSOCIAIES, S.C Ii, I'>. LlMJTED LlAIHUTY LUGIH ENTITV\n\n<<<PAGE 6>>>\n\nDr, EI-Sibale\nAugust 17, 2011\nPage 20f5\n4. The transport vehicle may not carry material shipped by any pert>on other than the\nshipper of the batteries.\nThis letter seeks interpretation/clarification of subpart 2. of the exemption, the \"loading\nand bracing\" requirement.\nleI has developed a protocol for the \"palletizing\" of used lead-acid batteries for\ntransportation. This protocol is designed to ensure that the batteries shipped by leI are\nproperly \"braced\" when they are placed upon transport vehicles. That protocol is provided\nto JeI customers and carriers with instructions on how to implement its use. leI's protocol\nis to palletizc used lead acid batteries as follows (from the hottom up):\n\\I The pallet itself must be of reasonable quality-,-no protruding nails or split boards;\ni8 Place a layer of thin cardboard on the pallet;\n,. Place a layer of used hatteries on the cardhoard\no The batteries must be kept upright at all times (not tipped over);\no The used batteries must be placed gently onto the pallet-not thrown or\ntossed upon it;\no The hatteries must be lead-acid only, no other types of batteries and no other\nhazardous materials such as separate acid packs;\no Any side terminal batteries in the layer must have the terminals facing away\nfrom each other and not facing the outside of the pallet (away from the\ncenter);\no The batteries in the layer cannot hang over the card board or the pallet;\no The battery terminals in the layer must be stacked/placed so they do not\ntouch each other or any metal objects;\no The hatteriesin this first layer should be placed as level and close together as\npossible, in compliance with the other guidelines herein;\no The battery terminals should be placed (upright) towards the outside edge of\nthe pallet;\n\n<<<PAGE 7>>>\n\nDr, El-Sibaie\nAugust 17,2011\nPage 3 01'5\no Marine or golf car batteries with a single long post should be placed in this\nlayer;\nIt Place a layer of 1\" cardboard over the first battery layer\no If there are marine or golf car batteries in the first battery layer, an additional\nlayer of the 1\" cardboard should be placed above the first battery layer;\n.. Place a second layer of used batteries on the cardboard\no The batteries must be kept upright at all times (not tipped over);\no The used batteries must be placed gently onto the pallet-not thrown or\ntossed upon it;\no The batteries must be lead-acid only, no other types of batteries and no other\nhazardous materials such as separate acid packs;\no Any side terminal batteries in the layer must have the terminals facing away\nfrom each other and not facing the outside of the pallet (away from the\ncenter);\no The batteries in the layer cannot hang over the cardboard or the pallet;\no The battery terminals in the layer must be stacked/placed so they do not\ntouch each other or any metal objects;\no The battery terminals should be placed (upright) towards the outside edge of\nthe pallet;\n• Place a layer of 1\" cardboard over the second battery layer\n• Place a third layer of used batteries on the cardboard\no The batteries must be kept upright at all times (not tipped over);\no The used batteries must be placed gently onto the pallet-not thrown or\ntossed upon it;\no The batteries must be lead-acid only, no other types of batteries and no other\nhazardous materials such as separate acid packs;\n\n<<<PAGE 8>>>\n\nDr. EI-Sibaie\nAugust 17, 2011\nPage 4 of 5\no Any side terminal batteries in the layer must have the terminals facing away\nfrom each other and not facing the outside of the pallet (away from the\ncenter);\no The batteries ill the layer cannol hang ovcr the cardboard or the pallet;\no The battery terminals in the layer must be stacked/placed so they do not\ntouch each other or any metal objects;\no The battery terminals should be placed (upright) towards the outside edge of\nthe pallet;\no Any damaged batteries will be placed in the center of this layer after being\nplaced in a container that will protect the damaged battel'y from any leakage\nduring the conditions incident to normal transport\n• Place a layer of thin cardboard over the third battery layer;\n• The whole stack is then stretch-wrapped to secure its contents within the structure\nand to the pallet itself\no The stretch wrap is intentionally pulled/caught over the corners of the pallet\nitself to ensure it is securely held fast to the pallet;\no The stretch wrap is taken around the whole stack, numerous times;\no The stretch wrap is taken over a large portion of the corners of the top\ncardboard to secure the top cardboard;\no The stretch wrap used is recommended 80 gauge material;\no The stretch wrap is \"roped\" around the layers by twisting the wrap as it is\napplied for additional security and strength;\nAttached hereto is a diagram ofthi5 procedure for your review.\n\n<<<PAGE 9>>>\n\nDr. El-Sibaie\nAugust 17, 2011\nPage 5 of 5\nThe completed pallets are then placed upon vehicles for transport. The pallets are\nplaced in a specific manner to prevent movement of the pallets or their contents during\ntransport.1\nJCI thus asks for PHMSA to clarify that its proposed pallet production protocol is in\ncompliance with the \"braced\" reqUirement contained at 49 CFR § 173.1S9(e)(2).\nPlease advise in response to this request for interpretation/clarification.\nRespectfully submitted,\nBRITTON &ASSOCIATES, S.c.\nShannon M. Trevithick\nEnclosures\n1 The specific loading protocol is the subject ofa separate request for clarification from PHMSA sent this same\ndate.","truncated":false,"body_characters":12623}