{"operation":"document","citation":"25-0051","title":"Iowa State Patrol Iowa Department of Public Safety — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2026-07-29","effective_on":null,"summary":"25-0051 response to Iowa State Patrol Iowa Department of Public Safety concerning 171.8.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-25-0051.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-25-0051.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-25-0051","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/2026-07/25-0051.pdf","body":"<<>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\nJuly 29, 2026\nSergeant Glenn Goode\nIowa State Patrol\nIowa Department of Public Safety\n215 East 7th Street\nDes Moines, IA 50319\nReference No. 25-0051\nDear Sgt. Goode:\nThis letter is in response to your April 7, 2025 letter requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to hazmat registration for\nlithium batteries that comprise a battery energy storage system (BESS). You describe a scenario\ninvolving lithium batteries, installed in a Cargo Transport Unit (CTU). The bill of lading\nenclosed with your letter indicates the dimensions of the cargo transport unit of 19.11 feet long,\n8.08 feet wide, and 9.07 feet tall (approximately 1,400 cubic feet), weighing approximately\n77,000 pounds. You ask if this cargo transport unit would be considered a bulk packaging under\nthe definition in § 171.8.\nYes. As defined in § 171.8, bulk packaging is defined as a packaging, other than a vessel or a\nbarge, including a transport vehicle or freight container, in which hazardous materials are loaded\nwith no intermediate form of containment. Because the batteries described in your letter are\nhoused within a single container, and wired together as a single unit, rather than being separated\ninto individual inner packages, the container is considered a bulk packaging. In addition,\nregistration is required under § 107.601(a)(4) for any shipment of hazardous materials in a bulk\npackaging (see § 171.8 of this chapter) that has a capacity of at least 13.24 cubic meters\n(468 cubic feet) for solids.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nAlexander Wolcott\nActing Chief, Regulatory Review & Reinvention\nStandards and Rulemaking Division\n\n<<>>\n\nCajar, J.\n25-0051\nFrom: Casey, Candace (PHMSA)\nTo: Hazmat Interps\nCc: Baker, Yul (PHMSA)\nSubject: Overweight Cargo Transport Units\nDate: Thursday, April 24, 2025 15:57:43\nAttachments: image002.png\nimage003.png\nimage004.png\nHi Yul, can you process this as an incoming interp letter?\nThanks!\nC\nFrom: Flattery, James (FMCSA) \nSent: Monday, April 7, 2025 8:34 AM\nTo: Stiles, Jessica (FMCSA) \nSubject: FW: Overweight Cargo Transport Units\nJess,\nI took this call from the state last week. We were discussing the different requirements when Sgt. Goode\nasked about Hazmat Registration in relation to the below trailer. He brought up an interesting point from\n107.601(a)(4). Even though a placard would not be needed, it could be argued that this trailer is a type of\nbulk packaging.\nThe trailer is a portable power station were the lithium cells are wired together during transport. I think a\ncounter point could be made that the individual cells that could fit in your hand negate the bulk packaging\ndefinition in 171. But, it they are wired together during transport, would it not be all one unit now?\nJust curious on what your thoughts were?\nFrom: Goode Glenn \nSent: Friday, April 4, 2025 12:44 PM\nTo: Flattery, James (FMCSA) \nSubject: FW: Overweight Cargo Transport Units\nCAUTION: This email originated from outside of the Department of Transportation (DOT). Do not click\non links or open attachments unless you recognize the sender and know the content is safe.\nSergeant Glenn Goode ★523★\nIowa State Patrol | CMVU HQ\nIowa Department of Public Safety\n215 East 7th Street | Des Moines, Iowa 50319\nRadio: 515-323-4360\nCell: 515-460-2152\nFax: 515-725-6118\ngoode@dps.state.ia.us\nhttps://dps.iowa.gov/\nhttps://dpscareers.com/\n\n<<>>\n\n*NOTICE* This email message (including any file attachments transmitted with it) is for the sole use of the intended\nrecipient(s) and may contain confidential and legally privileged information. Any unauthorized use or disclosure of this\nemail by an unintended recipient is prohibited. If you have received this e-mail in error please notify the sender by\nreturn e-mail and destroy all copies of the original message. No representation is made that this email or any\nattachments are free of viruses. Virus scanning is recommended and is the responsibility of the recipient.\nFrom: Goode Glenn\nSent: Friday, April 4, 2025 12:07 PM\nTo: Krolak, Tomasz (DPS) ; Letourneau, Jacob (DPS)\n\nSubject: FW: Overweight Cargo Transport Units\nThese are what we have stopped…Trucks/trailers weigh between 110,000 pounds and 133,000\npounds.\n\n<<>>\n\nCARRIER:\nBENNETT\nMOTOR EXPRESS, LLC\nSTRAIGHT BILL OF LADING-\nDOT# 92693\nORIGINAL - NOT NEGOTIABLE\nSHORT FORM\n1001 Industrial Parkway McDonough GA 30253\nDATE\nwhich the above indicated Carrier agrees to carry. It shall be the responsibility of Shipper to load, weigh and count all articles tendered for shipment and to prepare and\nescribed below, in apparent good order except as otherwise noted (condition of contents of packages unknown), marked, consigned and destined as indicated below\nReceived, subject to the tariff (which are incorporated herein as if fully set forth) in effect on the date of issue of the Bill Of Lading, the property\nCarrier's Freight\nLoad Number\nfor vibration, water, moisture, dirt, dust, smoke, fumes, or similar cause of damage, caused in whole or in part, by failure of the shipper to property prepare, package\nmoving on open-bed trailer equipment. In no event shall Carrier have any liabilty for damage related to improper\nand revisions thereof as are other important rules and procedures that may apply to this\nO THE TERMS AND CONDITIONS OF THIS LO LADING ARE PUBLISHED IN THE ICC DOME 101 RULES TAN PS. Camera ay plan te\nShipper's Number\nauthorized or empowered to vary\nupon request and are\nor modify any of the terms and conditions contained in this pre-printed Straight Bill of Lading and any attempt to modify, vary of\npublished\non www.bennettg.com. No party, including\ndriver. employee.\nmaintained at Carrier's\nand the same are agreed to by the parties for themselves and their assigns\nadd to the terms and conditions set forth herein by any party shall be null and void\nManifest Number\nFROM (Shipper's Name)\nAll parties hereto (shipper/consignor/consignee) hereby certity that they are familiar with said terms and conditions of the BILL OF LADING and Carrier's rules tarift\nis to be delivered to the consignee with\napplicable bill of lading, if this shipment\nSublect to Section 7 of conditions of\nStreet Address\nLOADING SITE\n631 WEST 4TH STREET\nPERRIS\nCity\nCA\nState\n92570\nZip Code\nsignor shall sign the following statement\nout recourse on the consonot, the cor\nfreight and all other lawful charges\nThe carrier shall not make delivery of\nCASEY'S TRUCK SHOP\nTO (Consignee's Name)\npayment o\nStreet Address\nX\n9001 6TH STREET SW\nCEDAR RAPIDS\nCity\nIA\nState\n52404\nZip Code\n(Signature of Consignon)\nThird Party Billing (only if approved by Credit Dept.)\neither shipper or consone\nbe entitled to collect freight charges from\nUnless signed above. Carrier shall\nStreet Address\nCity\nState\nZip Code\nor stamp here. \"To Be Prepaid\"\nIf Charges are to be prepaid, write\nNumber\nKind of Package, Description of Articles, Special Marks, and Exceptions\nWeight (Subject\nlo Correction\nor Ratio\nClass\nINSTALLED IN CARGO TRANSPORT UNIT, CLASS 9\n1x20HC - STC UN3536 LITHIUM BATERIES,\n35000KG\n9\nunless amount is here specified and\nrier accepts no such responsibility\nif Charges are to be C.O.D., the car-\nthis section signed by consignor.\nC.O.D. Amount\nUN3536,lithium ion batteries, 9\nX\n(Signature of Consignor)\n24 HR Emergency Contact: 86-593-2583668\ndeclared value is specifically stated\nIf shipper declares a value, the\n$1.00 FOR USED GOODS) PER POUND FOR EACH ARTICLE, NOT TO EXCEED S100,000 PER TRUCKLOAD\nUNLESS A GREATER VALUE IS DECLARED, SHIPPER HEREBY RELEASES THE VALUE TO $2.50\nby shipper not to exceed:\nmer shall have limited liability for delays for pickup or delivery in accordance with Carrier's Rules Tariff. Carrier shall not be liable for any damage resulting from loss\n$\nuse, profit, or business, non-operation or increased expense of operation, service interruption, or for any special, indirect, incidental or consequential damages\n(subject to excess valuation charge c\narges on the shipment which is the basis of such claim. On shipments moving within Mexico. Carrier shall have no liability during any portion of the movement within\ntier's maximum liability for delay for any cause, whatsoever, and regardless of the form of action (in contract or tort), shall be limited solely to the amount of freight\nS1 for each $100.00 or portion thereof\nnths of the delivery date.\nNico in relation to the cargo or any components thereof, or to the selection of another carrier Any loss, damage or delay claim must be filed with the Carrier within 9\nIf credit is extended by Carrier, freight charges are due within 15 days of invoice. Freight charges not paid within 30 days of presentation of freight bill shall be\n(Signature of Consignor)\nthe unpaid charges or $200.00, whichever is greater. Any suit for the collection of freight charges shall be instituted in Henry County Georgia and the parties hereto\nsubject to a service charge of 1.5% per month on the unpaid balance, and if collected through an attorney-at-law Carrier shall be entitled to attorney's fees of 15% of\nif Driver is to Collect Freight Charges,\nconsent and submit to the exclusive venue and jurisdiction of the Federal & State Courts located in Henry County, Georgia\nAMOUNT TO BE\nCOLLECTED\nBY DRIVER\n$\nctor No.\nCARGO\nLength\nHeight\niler No.\nDIMENSIONS\n19.11\n8.08\n9.07\n\n<<>>\n\nDPD\nMlh\nSEDerN\nSD14)\n\n<<>>\n\nSergeant Glenn Goode ★523★\nIowa State Patrol | CMVU HQ\nIowa Department of Public Safety\n215 East 7th Street | Des Moines, Iowa 50319\nRadio: 515-323-4360\nCell: 515-460-2152\nFax: 515-725-6118\ngoode@dps.state.ia.us\nhttps://dps.iowa.gov/\nhttps://dpscareers.com/\n*NOTICE* This email message (including any file attachments transmitted with it) is for the sole use of the intended\nrecipient(s) and may contain confidential and legally privileged information. Any unauthorized use or disclosure of this\nemail by an unintended recipient is prohibited. If you have received this e-mail in error please notify the sender by\nreturn e-mail and destroy all copies of the original message. No representation is made that this email or any\nattachments are free of viruses. Virus scanning is recommended and is the responsibility of the recipient.","truncated":false,"body_characters":10577}