{"operation":"document","citation":"12-0012","title":"Britton & Associates Attorneys at Law — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2012-02-23","effective_on":null,"summary":"12-0012 response to Britton & Associates Attorneys at Law concerning 173.159.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0012.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0012.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0012","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2012/120012..pdf","body":"<<<PAGE 1>>>\n\nu.s. Department 1200 New Jersey Avenue SE\nWashington. DC 20590\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration FEB 2 3 2612\nMr. Shannon M. Trevithick\nBritton & Associates Attorneys at Law\n735 North Water Street, 16th PI West\nMilwaukee, WI 53202\nRef. No. 12-0012\nDear Mr. Trevithick:\nThis responds to your January 12, 2012 letter regarding the transportation requirements for\nwet (electric storage) batteries under the Hazardous Materials Regulations (HMR; 49 CFR\nParts 171-180). Specifically, you ask for clarification ofprocedures that satisfy the\nrequirement of § 173 .159( e )(2) that batteries must be loaded or braced to prevent damage\nand short circuits in transit.\nAccording to your letter, Johnson Controls Battery Group (JCI) uses the following\nprocedure of loading and bracing battery pallets on a motor vehicle: (1) a pallet is placed\nflush against the front end ofthe vehicle trailer and secured by subsequent paUet(s) or\nsecured with load bars or straps; (2) subsequent pal1et(s) are loaded flush against preceding\npallets (and allowing for gaps) until loading is complete; and (3) the rearmost pallet(s) are\nsecured by load bars or straps. Your letter included photographs of the loading procedure.\nIt is the opinion of this Office that the method of loading or bracing the palletized batteries\ndescribed in your letter satisfies § 173. 159(e)(2) so long as no damage or short circuit\noccurs in transit. However, this requirement is a performance standard, so that if the\nbatteries are capable of shifting to the extent of causing damage or short circuit, this method\nofloading would not satisfy § 173.159(e)(2).\nNote 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 L\nI hope this information is helpful. If you have further questions, please contact this Office.\n~IY_'-:A(Af~:--Ben\nSupko\nActing Chief, Standards Development Branch\nStandards and Rulemaking Division\n\n<<<PAGE 2>>>\n\nJ)~ r k;ndere Vl\nBRITTON ~ 173, lsq (~~)\n-&- BafterJ'e5 12-(XJ/2\nSHANNON M. TREVITHICK*\nASSOCIATES sc\n'I'El.EPHONE: 414·273·2900\nE-MAIL: smt@britton-Iaw.com ATTORNEYS AT LAW FAX: 414.-273-2905\nWEll: www.hritton-law.com Est. 19'13\n'Also admitted to practice hI Washinglon and Illinois\nJanuary 12, 2012\nMagdy EI-Sibaie\nAssociate Administrator\nU.S. Department ofTransportation\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 LOADING/BRACING UNDER\n49 C,F.R. § 1.73.1S9{e)(2)\nDear Dr. EI-Sibaie:\nThis office represents Johnson Controls Battery Group, Inc. (\"JCf\"). JC] is a\nmanufacturer of lead-acid batteries for public sale. JeI also arranges the pick-up and\ntransportation of spent lead battery \"cores\" from customer locations to recycling facilities.\nJCI ships the battery cores pursuant to the exemption contained at 49 CPR §\n173.159(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\n4. The transport vehicle may not c31'ry material shipped by any person other than the\nshipper of the batteries.\n7.35 NORTH WATER STREiE'C 16TH FLOOR WEST, MILWAUKEI'., WISCONSIN 53202\nBRITTON & ASSOCIATES, S.C lS A LIMITED UABIl,frv U~GAL J~NTITY\n\n<<<PAGE 3>>>\n\nDr. El-Sibaie\nJanuary 12, 2012\nPage 2 of2\nThis letter seeks interpretation/clarification of subpart 2. of the exemption, the \"loading or\nbracing\" requirement.\nIC] utilizes a protocol for the loading and bracing of used battery \"pallets\" on the\ntransportation trailers) That protocol is provided to carriers with instructions on how to\nimplement its use. JCI's protocol is to load transportation trailers from the fro.nt according\nto the following pattern:\nThe pallets are placed flush/snug against the front ofthe trailer or secured with load\nbars or straps at the front, with subsequent pallets loaded flush against the preceding.\nOnce the loading is complete the rearmost pallets are secured by load bars or straps to\nsecure the load. Two sample photographs of this loading procedure are attached hereto.\nBy letter dated July 3D, 2010 (Ref. No. 10-0129, attached hereto) PHMSA indicated\nthat similar loading of palletized lead-acid batteries for transport was acceptable under 49\nCFR § 173-159(eJ(2), even if \"gaps\" existed between the pallets, so long no damages or\nshort-circuits occurred in transit\nIC] thus asks for PHMSA to clarify that its pallet loading protocol is in compliance\nwith the \"loaded or braced\" requirement contained at 49 CFR § 173.159(e)(2).\nPlease advise in response to this request for interpretation/clarification.\nRespectfully submitted,\nBRITTON &ASSOCIATES, S.c.\nShannon M. Trevithick\nEnclosures\n1 The construction of the pallets is addressed in a separate request for clarification previously submitted to\nPHMSA.","truncated":false,"body_characters":5326}