{"operation":"document","citation":"14-0083","title":"Royal Batteries Distribution — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2014-06-23","effective_on":null,"summary":"14-0083 response to Royal Batteries Distribution concerning 173.159.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-14-0083.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-14-0083.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-14-0083","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2014/140083.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\n1200 New Jersey Avenue, SE\nWashington, D.C. 20590\nPipeline and Hazardous\nMaterials Safety\nAdministration\nJUN 2 3 2014\nMr. Randy Davis\nSupervisor of Operations\nRoyal Batteries Distribution\n2580 North Orange Blossom Trail\nKissimmee, FL 34744\nRef. No.: 14-0083\nDear Mr. Davis:\nThis is in response to your email dated April 22, 2014, and subsequent emails with a member\nof my staff, requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR\nParts 171-180). Specifically, you ask for verification that your understanding of a recent\ninterpretation (Ref. No.: 13-0134) from this office is correct, and that your trucks in full\ncompliance with the transport conditions in § 173.159(e)(1)-(3) would not be required to be\nplacarded.\nYou state that your company trucks pick up used wet (electric storage) batteries from\nmultiple individuals and exchange them for new batteries. You ask if these shipments from\nmultiple individuals are eligible for exception from the HMR if in compliance with\n§ 173.159(e).\nAs stated in the letter of interpretation Ref. No.: 13-0134 you mention above, if after taking\npossession of each battery your company performs all pre-transportation functions necessary\nfor the shipment you are acting as the shipper of the batteries. In this case the pre-\ntransportation functions would be those listed in § 173.159(e)(1)-(3). Put another way, if\nafter taking possession of the batteries you also ensure compliance with the conditions in\n§ 173.159(e)(1)-(3) you qualify for the exception from the HMR, including placarding,\nprovided in § 173.159(e).\nI trust this information is helpful. If you have further questions, please do not hesitate to\ncontact this office.\nSincerely,\nA M. Wiener\nfor\nShane C. Kelley\nActing International Standards Coordinator\nStandards and Rulemaking Division\n\n<<<PAGE 2>>>\n\nWebb\n• Drakeford, Carolyn (PHMSA)\n$173.159 (e) 4)\nSent:\nFrom:\nINFOCNTR (PHMSA)\nTo:\nTuesday, April 22, 2014 1:31 PM\nDefinition of Batteries\nSubject:\nDrakeford, Carolyn (PHMSA)\nFW: Rule 173.159(e)(4)\n14-0083\nHi Carolyn,\nThis caller requested we submit this e-mail as a formal letter of interpretation. I referred\nhim to letters of interpretation 10-0025 and 10-0105 in his previous phone call at the HMIC.\nThanks,\nVictoria\nFrom: Randy Davis [mailto:randyd@royalbattery.com]\nTo: INFOCNTR (PHMSA)\nSent: Tuesday, April 22, 2014 12:20 PM\nSubject: Rule 173.159(e)(4)\nCc: 'Rick Tattoli'; CoryT@royalbattery.com; gregd@royalbattery.com; esafee@royalbattery.com\nDear Sir - Madam my name is Randy Davis I am the Operations Manager for Royal\nBattery Disturbers. I am looking for a (CRYSTAL CLEAR) definition concerning rule\n173.159.(e) When I see the word Ambiguity in your definition well that leaves a lot that\ncan be in the gray area or determined solely by who is reading it. Please refer to\nReference.NO. : 13-0134 Which you sent to a competitor of ours on August 23,2013. As\nyou can see you are kind of stating that the HMR;49 CFR Parts 171-180 Exchanging a\nnew battery for a used battery from multiple stops (may) or (may not) need to be Placard\nas they are all from different shippers, This is not the truth, because there is no (Bill Of\nLading) from each stop making them the shipper this is making us the (only shipper). We\ndo conform with 173.159(e) in the first three conditions, so in Crystal Clear wording does\nthis mean we meet the forth also and do not need to run Placards on our fleet? If you\nlook at Royal Battery Dist. 35 year DOT record we take pride in keeping with ALL updates\nand changes within our industry but in this case we cannot seem to get that crystal\nclear wording which would be extremely helpful. Please advise as soon as you can as I do\nnot want to put any of my drivers or company in a situation that would result in a fine or\nblemish on their DOT license or on the company's DOT history. If you should have any\nfurther questions feel free to contact me at any time. And I thank you in advance for\nreading this and sending me your Letter of Interpretation from the U.S.Department of\nTransportation.\nSincerely,\nRandy Davis\nSupervisor Of Operations\nRoyal Battery Dist.\n1\n\n<<<PAGE 3>>>\n\nOffice 407-846-6070 Ext 104\nFax 407-846-3347\nCell 407-450-5378\nRandyD@RoyalBattery.Com\noyal\nBATTERY","truncated":false,"body_characters":4290}