{"operation":"document","citation":"12-0209","title":"K & P Trucking, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2012-11-14","effective_on":null,"summary":"12-0209 response to K & P Trucking, Inc. concerning 173.159, 177.834.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0209.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0209.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0209","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2012/120209.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue SE\nWash1ngton. DC 20590\nNOV 1 4 2012\nMs. Kathy McConnell\nK & P Trucking, Inc.\nP.O. Box 2306\nPlatte City, MO 64079\nRef. No.: 12-0209\nDear Ms. McConnell:\nThis responds to your September 14, 2012 email regarding the transportation requirements for\nwet (electric storage) batteries under the Hazardous Materials Regulations (HMR; 49 CFR\nPmis 171-180). Specifically, you ask for clarification of procedures that satisfy the\nrequirement of§ 173.159(e)(2) that batteries must be loaded or braced to prevent damage and\nshort circuits in transit and § 177.834(a) that provides general requirements for securing\npackages in a motor vehicle.\nIn your incoming letter you provide a detailed description of your loading and bracing\nprocedures for wet (electric storage) batteries. Specifically, a third-pmiy professional\ncontracted by your client uses the following procedure of assembling battery pallet loads on a\nmotor vehicle: (1) the batteries are loaded two layers high on the pallet with honeycomb\ncardboard placed on top; (2) the pallets and batteries are then wrapped tightly four times\naround with stretch wrap extending to the top of the pallet load to anchor the entire load; and\n(3) a third layer of batteries is placed on top of the cardboard and wrapped tightly with stretch\nwrap four times, overlapping the bottom layers. The trailers used to transport pallets of\nbatteries have brace boards attached to the flooring at the front nose of the trailer and that the\ntrailer is loaded as follows: two pallets are placed side-by-side in the nose of the trailer up\nagainst the brace boards; one or two single pallets are loaded in the center of the trailer\nadjacent to the original two pallets; and two side-by-side pallets are loaded adjacent to the\ncenter pallet(s). This pattern is continued towards the rear of the trailer, and ending with two\nside-by-side pallets. The final two pallets are secured by ether two load locks or a second\nbrace board attached to the floor.\nIt is the opinion of this office that the method ofloading or bracing the palletized batteries\ndescribed in your letter satisfies the requirements of§ 173 .159( e )(2) so long as no damage or\nshort circuit occms 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\nmethod of loading or bracing would not satisfy § 173 .159( e )(2). For highway or rail transport\nelectric storage batteries containing electrolyte or corrosive battery fluid shipped in\n\n<<<PAGE 2>>>\n\naccordance with § 173 .159( e )(2) are not subject to any other requirements of Subchapter C of\nthe HMR including those provided in § 177.834(a).\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 information is helpful. If you have further questions, please do not hesitate to\ncontact this office.\nSincerely,\nJZtkt--3~\nRobert Benedict\nChief, Standards Development\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\nFrom: INFOCNTR (PHMSA)\nSent: Monday, September 17, 2012 2:15PM\nTo: Drakeford, Carolyn (PHMSA)\nSubject: FW: Request for an Interpretation of 49 CFR 177.834(a) and 173.159(e)\n''!3\nCarolyn,\nWe received the following request for a formal letter of interpretation.\nThanks,\nVictoria\nFrom: Traci_pratt [mailto:Traci pratt@KPTRUCKING.COM]\nSent: Friday, September 14, 2012 1:07 PM\nTo: INFOCNTR (PHMSA)\nSubject: Request for an Interpretation of 49 CFR 177.834(a) and 173.159(e)\nOur company, K & P Trucking, Inc., hauls the following cargo in 53' dry vans:\nUN2794, Batteries, wet, filled with acid, Class 8, PGill\nAside from listing the description of the product, the Bill of Lading notes the following exception:\nNot subject to regulations per 49 CFR 173.159(e)\nAs a commercial carrier, we are aware that both the shipper and carrier are responsible for\ncompliance with all applicable requirements of the HMR, including 49 CFR 177.834(a), and it is our\ndesire to have an interpretation of our handling of the above noted cargo.\nThe cargo transported by our vehicles are loaded by a third party professional warehouse/distribution\ncenter contracted by our client. Each trailer is loaded according to specifications designed to meet\nfederal and state regulations. Each shipment is loaded based on an individual diagram which details\nthe configuration of how pallets are to be placed inside the trailer based on the quantity and\nweights. The diagram is designed to address axle loads and movement of freight.\nBoth the shipper and hauler make sure that the used batteries are properly packaged to meet the\nexception 49 CFR 173.159(e) requirements to be considered non-hazardous material. Batteries are\nloaded 2 layers high on the pallet with honeycomb cardboard placed on top. The pallet and batteries\nare then wrapped tightly 4 times around with stretch wrap, making sure to catch the top of pallet to\nhelp anchor the load. A third layer is placed on the cardboard on top, then wrapped tightly, with\nstretch wrap, 4 times around overlapping bottom layers.\nThe trailers used to transport pallets of batteries have a brace board attached to the flooring at the\nfront nose of the trailer. Two pallets are placed, side by side, in the nose of the trailer up against the\nbraceboard. One or two single pallets, abutting against the original two pallets, are placed down the\ncenter of the trailer followed by two side by side pallets. This continues towards the rear of the trailer\nending with 2 side by side pallets, which are then secured to prevent movement toward the rear of the\n1\n\n<<<PAGE 4>>>\n\ntrailer. The rear securement is either 2 load locks or often a second brace board attached to the floor\nagainst the final two pallets.\nLoaded pallets are not stacked on top of each other. The height is uniform among the pallets and the\nheight is minimal due to the limitation of stacking batteries to only 3 layers. Pallets are abutted\nagainst each other to prevent movement. The weight is evenly distributed. A sample Bill of Lading\nshows 19 pallets with a gross weight of 44,236 LBS, which averages 2,328 LBS for each pallet.\nWe feel that requirements in 177.834(a) are met when the packages of hazardous material are\nsecured in a manner that precludes their movement within the vehicle under conditions which include\nstarting, stopping, cornering, accident avoidance and different road conditions. Are we in compliance\nin securing our loads by blocking with other freight, installing a brace board in the nose of the trailer,\nand using either load locks or brace board at thE(r~ar of the trailer?\nWe have available copies of the Bills of Ladings ~d a disc showing photos of the inside of a loaded\ntrailer. C;a}rflG WCl~'nr- todv\\1e(h~<;\nThank you for your time and consideration in addressing this concern.\nKathy McConnell\nK & P Trucking, Inc.\n(816) 858-2611\nemail ppratt@kptrucking.com\n2","truncated":false,"body_characters":7124}