Britton & Associates Attorneys at Law — Hazardous Materials Safety Interpretation

Page 1u.s. Department 1200 New Jersey Avenue SE Washington. DC 20590 of Transportation Pipeline and Hazardous Materials Safety Administration FEB 2 3 2612 Mr. Shannon M. Trevithick Britton & Associates Attorneys at Law 735 North Water Street, 16th PI West Milwaukee, WI 53202 Ref. No. 12-0012 Dear Mr. Trevithick: This responds to your January 12, 2012 letter regarding the transportation requirements for wet (electric storage) batteries under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask for clarification ofprocedures that satisfy the requirement of § 173 .159( e )(2) that batteries must be loaded or braced to prevent damage and short circuits in transit. According to your letter, Johnson Controls Battery Group (JCI) uses the following procedure of loading and bracing battery pallets on a motor vehicle: (1) a pallet is placed flush against the front end ofthe vehicle trailer and secured by subsequent paUet(s) or secured with load bars or straps; (2) subsequent pal1et(s) are loaded flush against preceding pallets (and allowing for gaps) until loading is complete; and (3) the rearmost pallet(s) are secured by load bars or straps. Your letter included photographs of the loading procedure. It is the opinion of this Office that the method of loading or bracing the palletized batteries described in your letter satisfies § 173. 159(e)(2) so long as no damage or short circuit occurs in transit. However, this requirement is a performance standard, so that if the batteries are capable of shifting to the extent of causing damage or short circuit, this method ofloading would not satisfy § 173.159(e)(2). Note that motor carriers may be subject to additional requirements to protect against shifting and falling of cargo under the Federal Motor Carrier Safety Regulations in 49 CFR Part 393, Subpart L I hope this information is helpful. If you have further questions, please contact this Office. ~IY_'-:A(Af~:--Ben Supko Acting Chief, Standards Development Branch Standards and Rulemaking Division#

Page 2J)~ r k;ndere Vl BRITTON ~ 173, lsq (~~) -&- BafterJ'e5 12-(XJ/2 SHANNON M. TREVITHICK* ASSOCIATES sc 'I'El.EPHONE: 414·273·2900 E-MAIL: smt@britton-Iaw.com ATTORNEYS AT LAW FAX: 414.-273-2905 WEll: www.hritton-law.com Est. 19'13 'Also admitted to practice hI Washinglon and Illinois January 12, 2012 Magdy EI-Sibaie Associate Administrator U.S. Department ofTransportation Pipeline and Hazardous Materials Safety Administration East Building, 2nd Floor Mail Stop: E21-317 1200 New Jersey Ave" SE Washington, DC 20590 REQUEST FOR CLARIFICATION OF LOADING/BRACING UNDER 49 C,F.R. § 1.73.1S9{e)(2) Dear Dr. EI-Sibaie: This office represents Johnson Controls Battery Group, Inc. ("JCf"). JC] is a manufacturer of lead-acid batteries for public sale. JeI also arranges the pick-up and transportation of spent lead battery "cores" from customer locations to recycling facilities. JCI ships the battery cores pursuant to the exemption contained at 49 CPR § 173.159(e). That exemption from the normal hazardous materials regulatory requirements applies to shippers/carriers of lead-acid batteries, as long as four conditions are met: 1. No other hazardous materials may be transported in the same vehicle; 2. The batteries must be loaded or braced so as to prevent damage and short circuits in transit; 3. Any other material loaded in the same vehicle must be blocked, braced, or otherwise secured to prevent contact with or damage to the batteries; and 4. The transport vehicle may not c31'ry material shipped by any person other than the shipper of the batteries. 7.35 NORTH WATER STREiE'C 16TH FLOOR WEST, MILWAUKEI'., WISCONSIN 53202 BRITTON & ASSOCIATES, S.C lS A LIMITED UABIl,frv U~GAL J~NTITY#

Page 3Dr. El-Sibaie January 12, 2012 Page 2 of2 This letter seeks interpretation/clarification of subpart 2. of the exemption, the "loading or bracing" requirement. IC] utilizes a protocol for the loading and bracing of used battery "pallets" on the transportation trailers) That protocol is provided to carriers with instructions on how to implement its use. JCI's protocol is to load transportation trailers from the fro.nt according to the following pattern: The pallets are placed flush/snug against the front ofthe trailer or secured with load bars or straps at the front, with subsequent pallets loaded flush against the preceding. Once the loading is complete the rearmost pallets are secured by load bars or straps to secure the load. Two sample photographs of this loading procedure are attached hereto. By letter dated July 3D, 2010 (Ref. No. 10-0129, attached hereto) PHMSA indicated that similar loading of palletized lead-acid batteries for transport was acceptable under 49 CFR § 173-159(eJ(2), even if "gaps" existed between the pallets, so long no damages or short-circuits occurred in transit IC] thus asks for PHMSA to clarify that its pallet loading protocol is in compliance with the "loaded or braced" requirement contained at 49 CFR § 173.159(e)(2). Please advise in response to this request for interpretation/clarification. Respectfully submitted, BRITTON &ASSOCIATES, S.c. Shannon M. Trevithick Enclosures 1 The construction of the pallets is addressed in a separate request for clarification previously submitted to PHMSA.#