{"operation":"document","citation":"18-0082","title":"Mr. Tom Boyd — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2019-03-27","effective_on":null,"summary":"18-0082 response to Mr. Tom Boyd concerning 173.159, 173.159a, 173.220, 173.222.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-18-0082.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-18-0082.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-18-0082","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/71041/180082.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials. Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nMAR 2 7 2019\nMr. Tom Boyd\n389 Brighton Hill Road\nMinot, ME 04258\nReference No. 18-0082\nDear Mr. Boyd:\nThis letter is in response to your May 26, 2018, email requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to the shipment of \"UN2794,\nBatteries, wet, filled with acid, electric storage.\" Specifically, you ask three questions related to\na previously issued letter of clarification and a special permit. Your questions are paraphrased\nand answered as follows:\nQ 1. Is Configuration# 1, as described in letter of clarification Reference No. 14-003 7,\nauthorized under the HMR without a special permit? In the configuration, \"[b ]atteries are\nplaced on the bottom layer of a pallet. Battery terminals are protected with non-conductive\ncaps or tape in compliance with§ 173.159(a)(2) of the HMR. The batteries are not in a box\nor a slip cover; therefore, this configuration is not utilizing the non-specification packagings\nauthorized by § 173 .159( d)(3) - (7). Strong corrugated cardboard or rigid plastic is placed\non top of this bottom layer of batteries and then shrink-wrapped with the batteries. If the\nbatteries do not fill the entire pallet area, empty cardboard or plastic boxes are used to fill\nthat space to ensure the batteries are securely cushioned and packed to prevent shifting. The\nempty boxes could include inert packing material. On top of the shrink-wrapped battery\nlayer we may place a shrink-wrapped layer of other items, hazmat or non-hazmat, with all\nhazmat items properly packaged according to the appropriate HMR packaging provision.\nAll layers are shrink-wrapped together to ensure the entire load is secure. Each layer is\ncapable of supporting the weight of the layer or layers on top.\"\nAl. The answer is no. Because the other materials (hazmat or non-hazmat) are placed on top of\nthe batteries, the configuration described in question Q 1 does not conform to the packaging\nmethods authorized in § 173 .159.\nQ2. May a shipper offer \"UN2794, Batteries, wet, filled with acid, electric storage,\" for\ntransportation in the method prescribed in § 173 .159( d)( 6) with other materials, hazardous\nor otherwise, on a shrink-wrapped pallet without a special permit.\nA2. The answer is no. As prescribed in§ 173.159(a), batteries may not be packaged with other\nmaterials except as provided in§ 173.159(g) and (h) and in§§ 173.220 and 173.222.\n\n<<<PAGE 2>>>\n\nQ3. Does Special Permit DOT-SP 16171 authorize othernon-hazmat materials, such as pails,\ncans, or pipes, to be packed with batteries on the same pallet.\nA3. The answer is yes, provided the pails, cans, or pipes are packed in plastic totes or fiberboard\nboxes under the terms of the special permit. Further, the materials must be contained in\nstrong outer packagings that are sift-proof, if solid, or leakproof, if liquid.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\nJanuary, lkeya CTR (PHMSA)\nFrom:\nSent:\nTo:\nSubject:\nINFOCNTR (PHMSA)\nTuesday, May 29, 2018 1:55 PM\nHazmat lnterps\nFW: Hazmat question reference 17-0112\nHi lkeya,\nBelow is an e-mail from Tom Boyd. He recently received his letter, however, there seems to be an issue with one of the\nresponses that he received within his letter. His e-mail rephrases his original question, and requests another written\nresponse.\nRegards,\n-Breanna\nF rom: Tom Boyd [mailto:tom@eastbranchdelivery.com]\nS ent: Saturday, May 26, 2018 5:26 AM\nTo: PHMSA HM lnfoCenter <PHMSAHMlnfoCenter@dot.gov>.\nSubject: Hazmat question reference 17-0112\nDear Sirs,\nIn response to my question you have answered in your interpretation letter 17-0112 I need clarification on Q2.\nMy question was whether or not a shipper can ship batteries wet filled with acid with any other freight mixed into the\nsame pallet without individual packaging like the 5 sided cartons which where the industry standard for so many years.\nThe way you paraphrased the question it is not the same as the question I had. The way my question was paraphrased it\nsays that batteries, individually packaged and labeled, cannot be shipped with other freight in the same skid. I think you\nanswered my question in your answer A2 correctly but miss-stated my question. So I am re-stating my question.\nIs it correct that having the batteries, wet filled with acid, individually packaged, like with the S sided slip covers\nthey used to come from the factory in with all the right labeling, allows a shipper to co-mingle the batteries with other\nfreight in the same shrink wrapped pallet?\nIs it true that a shipper cannot ship batteries without individual packaging and labeling in the same skid as other\nfreight without obtaining a special permit 16171 and adhering to the limitation outline in said special permit?\nAgain I would like a written response.\nThank You,\nTom Boyd\n389 Brighton Hill Road\nMinot M E 04258\n207-577-4631","truncated":false,"body_characters":5162}