{"operation":"document","citation":"22-0068","title":"Detroit Scrap Consulting Services — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2022-09-09","effective_on":null,"summary":"22-0068 response to Detroit Scrap Consulting Services concerning 171.15, 173.159.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-22-0068.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-22-0068.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-22-0068","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/76796/220068.pdf","body":"<<>>\n\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\nSeptember 9, 2022\nTy Cox\nAccount Manager\nDetroit Scrap Consulting Services\n114 W. Magnolia Street, Suite 400-107\nBellingham, WA 98225\nReference No. 22-0068\nDear Mr. Cox:\nThis letter is in response to your June 6, 2022, email requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to the transportation of wet\nbatteries filled with acid. You note that the batteries—classified as “UN2794, Batteries, wet,\nfilled with acid, electric storage, 8”—are transported for recycling and that you believe that you\nhave met all the conditions for exception from further regulation under the HMR as provided in\n§ 173.159(e).\nWe have paraphrased and answered your questions as follows:\nQ1. You ask for confirmation that the transport of your company’s batteries is eligible for the\nexception from the requirements of the HMR as currently specified in § 173.159(e).\nA1. The answer is yes, if the conditions for exception as provided in § 173.159(e) are met.\nThis Office is unable to verify the accuracy of your statement beyond your assertion that\nyou believe your company has satisfied all listed conditions. Lastly, PHMSA notes that\ntransport of UN2794, Batteries, wet, filled with acid, electric storage, 8 for purposes of\nrecycling is not one of the required conditions.\nQ2. You ask whether transport of these batteries—while utilizing the exception provided in\n§ 173.159(e)—relieves you of the requirement to employ a driver that is “hazmat\ncertified” and the need to declare the materials as hazardous on the bill of lading for\ntransportation by rail.\nA2. The answer to both questions is yes. A shipment of these batteries prepared in\naccordance with § 173.159(e) that is transported by highway or rail is not subject to any of\nthe requirements of the HMR—including shipping papers (i.e., declaring the material on\n\n<<>>\n\na bill of lading)—with the exception of incident reporting requirements in § 171.15.\nFurthermore, the driver who is transporting these batteries in accordance with this\nexception is not required to have a commercial driver’s license (CDL) hazardous\nmaterials endorsement in accordance with the Federal Motor Carrier Safety Regulations.\nThe hazardous materials endorsement is required when transporting materials required to\nbe placarded according to 49 CFR Part 172, or when transporting certain Select Agents\nand Toxins (see 49 CFR §383.5 for the definition of Hazardous Materials for CDL\nhazardous materials endorsement purposes).\nQ3. You ask whether the provisions in § 173.159(e) except these batteries from the\nrequirements of the HMR when they are transported by vessel for recycling.\nA3. The answer is no. The exception from the requirements of the HMR provided in\n§ 173.159(e) is applicable only to shipments transported by highway or rail.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nDirk Der Kinderen\nChief, Standards Development Branch\nStandards and Rulemaking Division\n\n<<>>\n\nCasey\n22-0068\nFrom: INFOCNTR (PHMSA)\nTo: Dodd, Alice (PHMSA)\nSubject: FW: Interpretation Request - Detroit Scrap // UN 2794, Batteries, wet, filled with acid, Class 8 for recycling\nDate: Friday, July 1, 2022 11:01:31 AM\nHi Alice,\nPlease see the below interpretation request.\nLet us know if you need anything.\nRegards,\nJosh\nTyler Cox \nSent: Monday, June 6, 2022 5:27 PM\nTo: INFOCNTR (PHMSA) ; INFOCNTR (PHMSA)\n\nCc: Brad W. Rudover ; Craig Klapa ; Mikey\nMurray \nSubject: Interpretation Request - Detroit Scrap // UN 2794, Batteries, wet, filled with acid, Class 8 for\nrecycling\nHello,\nI am writing to request a formal interpretation for materials that are classified as UN 2794,\nBatteries, wet, filled with acid, Class 8 for recycling under the 173.159(e) exemption in the\n49 CFR.\nSpecifically, we seek confirmation that the shipment of our company’s UN2794\nbatteries are eligible for the exemption from the requirements of the HMR as currently\nspecified in § 173.159(e).\nIf exemption applies, it seems we would not need a HazMat certified driver to\ntransport the materials on the highway nor would we need to declare the\nmaterials as HazMat on the Bill of Lading for rail movement.\n\n<<>>\n\nAdditionally, we seek clarification in regards to whether or not UN 2794, Batteries,\nwet, filled with acid, Class 8 for recycling are exempt from HMR when transported on\nvessels.\nI believe we have met all other requirements for shipping under this exemption.\n(1) No other hazardous materials will be transported in the same vehicle;\n(2) The batteries will be loaded or braced so as to prevent damage and short\ncircuits in transit;\n(3) No other materials will be loaded in the same container or vehicle that could\nmake contact with or damage to the batteries. In addition, as the batteries are on\npallets, they will be stacked in an way as to not cause damage to another\npallet under conditions normally incident to transportation (Packaging group III\nperformance level);\n(4) The shipment is for recycling, however the transport vehicle will not carry\nmaterial shipped by any person other than the shipper of the batteries;\n(5) Shipments made under this paragraph will be subject to the incident reporting\nrequirements in § 171.15.\nRegards,\nTy Cox\nAccount Manager\n309.989.0015\nDetroit Scrap Consulting Services Ltd & Scrap University\n\n<<>>","truncated":false,"body_characters":5666}