{"operation":"document","citation":"14-0234","title":"Club Assit, North America — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2015-05-21","effective_on":null,"summary":"14-0234 response to Club Assit, North America concerning 173.159.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-14-0234.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-14-0234.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-14-0234","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2015/140234.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department of Transportation\nPipeline and Hazardous Materials\nWashington, DC 20590\n1200 New Jersey Avenue, SE\nSafety Administration\nMAY 2 1 2015\nShelley Elzer, CAFM\nFleet Manager\nClub Assit, North America\n155 Technology Park\nLake Mary, FL 32746\nReference No. 14-0234\nDear Ms. Elzer:\nThis is in response to your recent e-mail and March 27, 2015 conversation with a member\nof my staff requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR\nParts 171-180) applicable to the registration requirements prescribed in 49 CFR Part 107,\nSubpart G. You state your company transports three rows of batteries by motor vehicle in\nconformance with § 173.159(e), each row is separated by corrugated cardboard, the\nbatteries are shrink-wrapped to pallets, and the entire package measures 44 inches long, 40\ninches wide, and 33 inches in height. Specifically, you ask if shippers who offer for\ntransportation and transport \"UN 2794, Batteries, wet, filled with acid, electric storage, 8\n(corrosive), Packing Group (PG) III, \" in conformance with § 173.159(e) are required to\nregister with the Pipeline and Hazardous Materials Safety Administration (PHMSA) under\nthis subpart.\nBased on the information you provided, the answer is no. Only companies that engage in\nthe activities specified in § 107.601 are required to register with PHMSA. For Class 8, wet\nacid batteries, these activities may include shipments of: 1) bulk packagings with a\ncapacity of more than 13.24 cubic meters (468 cubic feet) for solids, 2) non-bulk\npackagings with a gross weight of 2,268 kg (5,000 pounds) or more for which placarding is\nrequired, or 3) a quantity of hazardous material that requires placarding under 49 CFR Part\n172, Subpart F. Shippers and carriers of packages that do not meet the size requirements\nprescribed in § 107.601(a)(4), such as your company's packages, are not required to\nregister under 49 CFR Part 107. Packages of batteries prepared and offered for\ntransportation in conformance with § 173.159(e) are excepted from placarding. Packages\nof wet acid batteries that are not required to be placarded are not subject to the registration\n\n<<<PAGE 2>>>\n\nrequirements prescribed in § 107.601(a)(5) and (a)(6); therefore, shippers and carriers of\nthese wet acid batteries are not required to register with PHMSA under 49 CFR Part 107.\nI hope this satisfies your request.\nSincerely,\nI Alenn Foster\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\nEdmonsen\n58107.601 (a)(5), 173.154()\nDodd, Alice (PHMSA)\napplicability\n14-0234\nFrom:\nCiccarone, Michael CTR (PHMSA)\nSent:\nTo:\nMonday, December 01, 2014 4:10 PM\nSubject:\nHazmat Interps\nFW: Must we Register for Hazardous Materials?\nAttachments:\n4-5-93 Response to SCEason Ref No 93-0008.pdf; 10-13-00 Response to Michael Ritchie\nRef No 00-0242.pdf\nShante/Alice,\nPlease submit this for a formal letter of interpretation. Ms. Elzer spoke with Eileen Edmonson.\nThanks,\nMike\nFrom: Shelley Elzer [mailto:Shelley.Elzer@clubassist.com]\nSent: Monday, December 01, 2014 3:50 PM\nTo: INFOCNTR (PHMSA)\nSubject: FW: Must we Register for Hazardous Materials?\nHello,\nOur company distributes automotive batteries, (batteries, wet, filled with acid; UN2794). We do not placard for\nhazardous materials citing Title 49, Subchapter C, Part 173, Subpart E section 173.159(e)(1-4). Some of our batteries are\ntransported on pallets, with rows separated by corrugated cardboard and shrink-wrapped. The other conditions of\n173.159(e)(1-4) are met as well.\nDuring a recent DOT inspection the inspector asked why we are not registered for hazardous materials, stating that even\nif we are compliant with 173.159, being registered is a separate matter and is required. After a lengthy discussion, the\nofficer cited 49 CFR 107.601 and provided our driver with a printed copy of it. We did not receive a violation.\nIt is our understanding that our individual batteries and pallets of batteries are not considered bulk packaging therefore\nnone of 107.601 applies to us. Therefore our compliance with 173.159 provides that we are not subject to any other\nrequirements of subchapter C.\nWould you please verify that we do not have to be registered for hazardous materials and provide documentation that I\ncan provide to my drivers in case this question arises again?\nThank you in advance for your consideration and response.\nSHELLEY ELZER, CAFM | FLEET MANAGER | CLUB ASSIST, North America\n155 Technology Park | Lake Mary | FL | USA | 32746\nTEL: Direct 407-215-0524| MOBILE: 407-462-9019 | FAX: 407-322-5403\nFrom: eileen.edmonson@dot.gov [mailto: eileen.edmonson@dot.gov]\nSent: December 01, 2014 2:55 PM\nSubject: RE: Clarification letters Ref Nos. 93-0008 & 00-0242\nTo: Shelley Elzer\nHello Shelley,\n1\n\n<<<PAGE 4>>>\n\nPer your request, attached are the PDF images of letters of clarification the Pipeline and Hazardous Material Safety\nAdministration (PHMSA) letter issued concerning the 49 CFR 173.159(e) battery exception. Please note that the\nreference in one of the letters to § 173.159(c)(1) is incorrect. This section was moved to § 173.159(d)(1).\nIf you would prefer to have your own letter of clarification issued on this matter, you may e-mail your questions to\ninfocntr@dot.gov.\nI hope this satisfies your request.\nSincerely,\nEileen Edmonson\nUSDOT/PHMSA\n(202) 366-4481 (w)\n(202) 366-7041 (f)\n1-800-467-4922 (Hazmat Info Center)\neileen.edmonson@dot.gov(e-mail)\nwww.phmsa.dot.gov/hazmat(website)\nThis email message and any attachments are confidential. If you are not the intended recipient, you must not\ndisclose or use the information contained within it. If you have received this email in error, please inform the\nsender by return email, and then immediately delete the document.\n2\n\n<<<PAGE 5>>>\n\nRTG. SYMBOL\nCONCURREMCES\nn..\".\ni 9\"\nINITIALSISIG\nDATE\nRTG. SYMBOL\nMr. S.C. Eason III\n1892 McFarland Avenue\nEMS Inc.\nDATE\nRossville,\nGA\n30741\nRTG. SYMBOL\nDear Mr. Eason:\nINITIALS/ SIG\nThis is in response to your letter dated August I1, 1992, in which you asked\nseveral questions concerning the transportation of lead acid storage batteries\nDATE\nare paraphrased and answered as follows.\nunder this Department's Hazardous Materials Regulations (HMR). Your questions\nRTG. SYMBOL\nQ1. Is our company required to register under the rules of HMTA?\nINITIALS/SAG\nyour company does not engage in any of the activities specified in 49\nDATE\nCFR 107.601, your company, is not required to register. Informational material\non the registration program is enclosed.\nMay we continue to operate a truck transporting batteries without\nINITIALS/STG.\ndisplaying placards as permitted by § 173.260(e) (e)?\nDATE\nA2.\n§ 173.159 in the current edition of the HMR.\nYes.\nThe provisions contained in former § 173.260(e) have been moved to\nelectric storage batteries containing electrolyte or corrosive battery fluid\nSection 173.159 (e) provides that\nRTG. SYMBOL\nare not subject to any other requirements in Subchapter C, including\nINITIALSI SIG\nconcarding, when the reguted ens preserored in paravided they are in full\nlacarding,\n3/31/93\nIs there a distinction between spent lead acid batteries being returned\nRTG. SYAIFO!\nfox recycling and batteries that are either new or being returned for repairs? tin 12\nINITIALS/ SIG\nEKD.\n3/31/93\nForm DOT F 1320.65 (Rev. 5/83)\nSupersedes previous edilion\nOFFICIAL FILE COPY\n930008\n\n<<<PAGE 6>>>\n\n:\n-2-\nI trust this satisfies your inquiries.\nfeel free to\ncontact us.\nIf you have further questions, please\nSincerels\n151\nHattie I. Mitchell, Chief\nOffice of Hazardous Materials Standards\nExemptions and Regulations Iermination\nEnclosure\nFile:181/107.601\nPosten; gt: dhm-12: 64488:03-29-93\nSC: 526,127\n\n<<<PAGE 7>>>\n\n1892 McFARLAND AVE\nROSSVILLE, GA 30741\nEMS, incorporated\n34: 127\nPHONE 404-866-7027\n404-861-2531\n11 AUG. 1992\nDIRECTOR OFFICE OF HAZARDOUS MATERIALS STANDARDS\nED MAZZULLO\nAUS 17 1002\nCODE: DHM-10 US DOT/RSPA\nALL.\nWASHINGTON DC 20590-001\nST. SA\nDEAR MR. MAZZULLO,\nAND REPAIR OF INDUSTRIAL LEAD ACID STORAGE\nEMS INC. IS\nA SMALL BUSINESS INVOLVED IN THE DISTRIBUTION\nUNDER EXCEPTION/EXEMPTION OF CFR PART 49 173.260 (e).\nBATTERIES OPERATING\nOUS MATERIALS TRANSPORTATION ACT AS AMENDED (49 APP. U.S.C. 1801\nWE REQUEST CLARIFICATION OF THE RECENTLY PROMULGATED HAZARD-\n1. ARE WE REQUIRED TO REGISTER UNDER THE RULES OF THE HMTA ?\nOUT DISPLAYING PLACARDS AS PERMITTED BY 173.260\n2. MAY WE CONTINUE TO OPERATE A TRUCK TRANSPORTING BATTERIES WITH\nRETURNED FOR RECYCLING AND BATTERIES THAT ARE EITHER NEW OR BEING\n3. IS THBRE A DISTINCTION BETWEEN SPENT LEAD ACID BATTERIES BEING\nRETURNED FOR REPAIRS?\nWE MAY CONTINUE TO OPERATE WITH OUT REGISTRATION UNDER THE\nA PHONE CONVERSATION WITH MS. BETH RAMO ON 8/11/92 INDICATED\nRULES OF 173.260 (e).\nED SO THAT WE MAY COMPLY,\nBARLY RESPONSE TO THIS REQUEST WOULD BE SINCERELY APPRECIAT-\nTHE HMTA REGISTRATION INSTRUCTIONS.\nREQUIRED, BY THE DATE REQUIRED\nSINCERELY:\nEMS INC\n• C. EASON III\n1892 MCFARLAND AVB .\nROSSVILLE,\n706 866\n7027\nGA 30741\n\n<<<PAGE 8>>>\n\nof Transportation\nU.S. Department\n400 Seventh St., S.W.\nResearch and\nWashington, D.C. 20590\nAdministration\nspecial Programs\nOCT 1 3 2000\nMr. Michael Ritchie\nMinnesota Department of Transportation\nRef. No. 00-0242\nOffice of Motor Carrier Services\nMail Stop 420\n1110 Centre Pointe Curve\nMendota Heights, MN 55120-4152\nDear Mr. Richie:\nrequirements to various scenarios involving small quantity hazardous waste generators offering a\nThis is in response to your August 24, 2000 letter regarding the applicability of the registration\nshipment of waste at one loading facility using one vehicle for transport by highway. Specifically, you\nregister.\nare requesting clarification on whether the offeror/generator in the following examples is required to\nThe following scenarios from your letter are presented and answered in numerical sequence:\n(Q1) A Conditionally Exempt Small Quantity Generator (CESQG) offers 3 drums, with an aggregate\nshipment. The transporter loads and removes the drums.\ngross weight of 1500 pounds, of Class 3 and Class 8 waste to a transporter in a single\n(A1) The generator/offeror must register.\n(Q2) A generator accumulates and temporarily stores its wastes in non-bulk drums. The transporter\npumps 100 gallons (700 pounds) of Class 3 waste from the drums into its 4,000-gallon\ncapacity cargo tank vehicle, and leaves the drums with the generator for reuse as storage\ncontainers.\n(A2) The generator/offeror must register.\n(Q3)\nA generator accumulates and temporarily stores its waste in non-bulk drums. The generator\noffers the drums to the transporter, but the transporter opts to pump the 100 gallons (700\npounds) of Class 3 waste from the drums to its 4,000-gallon cargo tank vehicle, rather than\nreturn with a vehicle equipped to haul drums.\n(A3)\nThe generator/offeror must register if he/she allows the transporter to use the 4,000-gallon\ncargo tank instead of a vehicle equipped to haul drums.\n107.686\n000242\n\n<<<PAGE 9>>>\n\n(Q4) A generator offers 2,600 pounds of Class 8 waste, which is pumped from a storage tank to the\ntransporter's 2,500-gallon capacity cargo tank.\n(A4)\nThe generator/offeror must register.\n(Q5) A hazardous materials shipper offers a non-bulk 750-pound shipment of Class 3 material to a\nmotor carrier. The carrier already has 500 pounds of non-bulk Class 3 materials on board from\nanother shipper. The truck now requires placards.\n(A5)\nThe shipper/offeror does not have to register.\n(Q6)\nA transporter is hauling 6,000 pounds of electric storage batteries in conformance with the\nexception provided in § 173.159(e). That exception states that the shipment is not subject to\nthe requirements of Subchapter C. The hazmat registration requirements are in Subchapter A.\n(A6) The transporter does not have to register.\n(Q7)\nA shipper offers for transportation 20 pounds of a Division 1.1 explosive material, a Table 1\nhazardous material, by highway.\n(A7)\nThe shipper must register.\nI hope this answers your inquiry.\nSincerely,\nDelmer F. Billings\nChief, Standards Development\nOffice of Hazardous Materials Standards\n..-\n\n<<<PAGE 10>>>\n\nMinnesota Department of Transportation\nMail Stop 420\nOffice of Motor Carrier Services\nBootheE dmonson\n1110 Centre Pointe Curve\nMendota Heights, MN 55120-4152\nFax: 651/ 405-6082\nTel: 651/ 405-6060\nAugust 24, 2000\n8107.60 b(a) 6)\nMr. Delmer Billings\nRegistration\nChief of Regulations Development\nUnited States Department of Transportation\nRSPA DHM-11\nCD-C242\n400 Seventh St S.W.\nWashington, D.C. 20590\nDear Mr. Billings\nThe changes to the USDOT Hazardous Materials Registration Program applicability\nstandards found in 49 CFR 107.601 has raised some questions from waste generators and\nsome small volume shippers or offerors of hazardous materials. Waste generators that\nmeet the U.S. Environmental Protection Agency or State Environmental Agency\ndefinition of a Conditionally Exempt Small Quantity Generator (CESQG) may be\nexcepted from the Uniform Hazardous Waste Manifest requirements by environmental\nrules. However, much of this waste still meets the USDOT definition of a Class 3\nflammable liquid, Class 6 poison, Class 8 corrosive, or other hazard classes, and is\nregulated when offered into transportation as a hazardous material.\nMany smaller generators offer waste to licensed and registered hazardous materials\nbulk shipments, because environmental regulations don't allow them to accumulate that\ntransporters, rather than transport themselves. CESQG's do not offer 5000 pound non-\nquantity of waste. Some CESQG's offer waste for transportation to carriers operating\ncargo tank vehicles. The manner of offering the waste has become important because of\nthe addition of subparagraph § 107.601 (a) (6), which requires registration of any person\nwho offers or transports a quantity of hazardous material that requires placarding\nPlease indicate if the generator/offeror and transporter in the following examples will be\nrequired to register with RSPA. In the first examples, the waste offered is a DOT Table 2\nhazardous material. Each shipment is offered at one loading facility using one vehicle for\ntransport by highway.\n1. A CESQG offers 3 drums, with an aggregate gross weight of 1500 pounds, of\nClass 3 and Class 8 waste to a transporter in a single shipment. The transporter\nloads and removes the drums.\n2. A generator accumulates and temporarily stores its wastes in non-bulk drums. The\ntransporter pumps 100 gallons (700 pounds) of class 3 waste from the drums into\nits 4,000 gallon capacity cargo tank vehicle, and leaves the drums with the\ngenerator for reuse as storage containers.\nAn equal opportunity employer\n\n<<<PAGE 11>>>\n\n3. A generator accumulates and temporarily stores its waste in non-bulk drums. The\ngenerator offers the drums to the transporter, but the transporter opts to pump the\n100 gallons (700 pounds) of Class 3 from the drums to its 4,000 gallon cargo tank\nvehicle, rather than return with a vehicle equipped to haul drums.\n4. A generator offers 2600 pounds of Class 8 waste, which is pumped from a storage\ntank to the transporters 2,500 gallon capacity cargo tank.\n5. A hazardous materials shipper offers a non-bulk 750 pound shipment of Class 3 tr\na motor carrier. The carrier already has 500 pounds of non-bulk Class 3 materials\n6. A transporter is hauling 6000 pounds of electric storage batteries in conformance\non board from another shipper. The truck now requires placards.\nwith the exception provided in § 173.159 (e). That exception states that the\nshipment is not subject to the requirements of Subchapter C. The hazmat\nregistration requirements are in Subchapter A.\nThe last example covers the offering or transport of a Table 1 hazardous material by\nhighway.\n7. A shipper offers for transportation 20 pounds of a Division 1.1 explosive.\nPlease review these examples and respond in writing. State and local environmental\nregulators, hazardous waste generators, and hazardous materials transporters, requesting\nclarification of these issues, have contacted our office. One local transporter reports he\nserves more than 1000 small quantity hazardous waste generators, and the capacity of the\ncargo tank he uses may determine if his customers need to register with RSPA\nThank you for your assistance. If you have any questions, please contact me at (651)\n405-6120, or by e-mail at michael.ritchie@dot.state.mn.us.\nYours truly,\nTural Rititice\nMichael Ritchie\nHazardous Materials Specialist\nMinnesota Department of Transportation\nOffice of Motor Carrier Services","truncated":false,"body_characters":16498}