{"operation":"document","citation":"15-0025","title":"Arizona Department of Public Safety — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2015-04-24","effective_on":null,"summary":"15-0025 response to Arizona Department of Public Safety concerning 173.159, 177.834.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-15-0025.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-15-0025.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-15-0025","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2015/150025.pdf","body":"<<>>\n\nU.S. Department of Transportation\nPipeline and Hazardous Materials\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nSafety Administration\nOfficer Daniel Voelker\nArizona Department of Public Safety\nAPR 2 4 2015\n2102 W. Encanto Blvd., Mail Drop 4011\nPhoenix, AZ 85009\nReference No. 15-0025\nDear Officer Voelker:\nThis responds to your February 2, 2015 email regarding the transportation requirements\nfor wet (electric storage) batteries in the Hazardous Materials Regulations (HMR; 49 CFR\nParts 171-180). Specifically, you request clarification of the loading and bracing\nrequirements prescribed in § 173.159(e)(2), which require batteries to be loaded or braced\nso as to prevent damage and short circuits in transit. You describe and provide\nphotographs for two similar scenarios where wet batteries are loaded into an enclosed box\ntrailer. You state that all of the batteries are wrapped on to pallets but that you cannot find\nevidence of the batteries being further secured to the pallets. The pallets are then loaded\nin the box trailer using an \"I\" formation. This formation has two pallets side by side at the\nhead of the trailer, followed by a single pallet, then two more pallets side by side. This\npattern repeats from the front of the trailer to the rear of the trailer. You note that in the\nareas where there is a single pallet that the operator is not securing the pallet to the trailer\nin any way making it possible for the center pallets to shift or fall from side to side. The\nsecond scenario differs from the above only in that the pallets do not completely fill the\nlength of the trailer and end around ten to fifteen feet from the rear of the trailer. Again,\nyou note you are not finding any form of securement for the center pallets or any way to\nprevent the rear pallets from moving or falling towards the rear of the trailer.\nIt is the opinion of this Office that the method of loading or bracing the palletized batteries\ndescribed in your letter may be used to satisfy § 173.159(e)(2) so long as no damage or\nshort circuit may occur in transit. However, this requirement is a performance standard,\nmeaning that the carrier would need to ensure that the configuration would preclude\nshifting that could cause damage or short circuit. Motor carriers may be subject to\nadditional requirements to protect against shifting and falling of cargo under the Federal\nMotor Carrier Safety Regulations in 49 CFR Part 393, Subpart I.\nPlease note that except as otherwise provided in the HMR, the requirements of\n§177.834(a) provide general requirements for securing packages in a motor vehicle.\n\n<<>>\n\nI trust this information is helpful. If you have further questions, please do not hesitate to\ncontact this office.\nSincerely,\nDuan 17f1\nDuane A. Pfund\nInternational Standards Coordinator\nStandards and Rulemaking Division\n\n<<>>\n\nWiener\n§173.159e 2\nBatterio\nDodd, Alice (PHMSA)\n15-00a5\nFrom:\nSent:\nCiccarone, Michael CTR (PHMSA)\nTo:\nMonday, February 02, 2015 11:15 AM\nHazmat Interps\nSubject:\nFW: Request for Interpretation\nAttachments:\nAdditional_battery_photos.zip;\nFw_Clarification_on_wet_batteries_and_load_securement.zip\nShante/Alice,\nPlease submit this for formal letter of interpretation.\nThanks,\nMike\nFrom: Daniel L Voelker [mailto:DVOELKER@AZDPS.GOV]\nSent: Saturday, January 31, 2015 6:23 PM\nTo: INFOCNTR (PHMSA)\nSubject: Request for Interpretation\nTo:\nPHEMSA's Office of the Chief Counsel\nFrom:\nOfficer Daniel Voelker\nArizona Department of Public Safety\n2102 W Encanto BLVD Mail Drop 4011\nPhoenix, AZ 85009\nSubject:\nRequest for Interpretation Reference 173.159e2\nAre agency is running into carriers that are attempting to use the wet battery exemptions in the following two\nscenarios. It is the opinion of our agency, several subject matter experts, and members of the Chief Counsel\nOffice that these carriers would not qualified for the battery exemptions when they are operating in the\nmanor that we have found them. We would like your office to evaluate the two scenarios and provide\nguidance. Photographs have been attached to this message showing the scenarios as we have found them.\nScenario #1:\nThe carrier is using an enclosed box trailer. All of the batteries are wrapped into pallets and we are not finding\nsecurement issues as it pertains to the batteries being secured to the pallets. The pallets are loaded into the\nbox trailers using an \"\" formation. This formation has two pallets side by side at the head of the trailer,\nfollowed by a single pallet, then two more pallets side by side. This pattern repeats from the front of the\ntrailer until it reaches the rear of the trailer. In the areas where there is a single pallet the company is not\nsecuring the pallet to the trailer in any way. This makes it possible for the center pallets to shift or fall from\nside to side.\nScenario #2:\n\n<<>>\n\nThe carrier is using an enclosed box trailer. All of the batteries are wrapped into pallets and we are not finding\nsecurement issues as it pertains to the batteries being secured to the pallets. The pallets are loaded into the\nbox trailers using an \"'\" formation. This formation has two pallets side by side at the head of the trailer,\nfollowed by a single pallet, then two more pallets side by side. This pattern repeats from the front of the\ntrailer until it stops around 10 to 15 feet from the rear of the trailer. We are again not finding any form of\nsecurement for the center pallets and we are also not finding any way to prevent the rear pallets from moving\nor falling towards the rear of the trailer.\nDuring routine inspections we have found pallets of hazardous materials (both batteries and others) shipped\nin similar manors to the above listed scenarios. In several instances these pallets have fell over causing\ndamage to the packages of hazardous materials.\nThank you for taking your time to clarify this issue for our agency.\nSincerely,\nOfficer Daniel Voelker\nArizona Department of Public Safety\nHazardous Materials Response Unit\n(928) 203-6772\n\n<<>>\n\n\n\n<<>>\n\n..:\n\n<<>>\n\n\n\n<<>>\n\n\n\n<<>>\n\n::49339\n37067937\n\n<<>>","truncated":false,"body_characters":6130}