Ms. Susan G. Oliver — Hazardous Materials Safety Interpretation

Page 1• U.S. Department of Transportation Washington. D.C. 400 Seventh Street, S.W. 20590 Special Programs Research and Administration FEB 5 1999 MS. Susan G. Oliver Ref. No. 99-0018 D-48 Waldo Point Harbor Sausalito, CA 94965 Dear Ms. Oliver: This is in response to your letter dated January 18, 1999 and subsequent telephone conversation with a member of my stati, regarding emergency response information requirements under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171- 180). Specifically you ask if a carrier of hazardous material must carry the 1996 North American Emergency Response Guidebook (NAERG) in the vehicle. that contains all of the information specified in The answer is no. Any document (including the shipping paper) § 172.602 (a) (1) through (7) may be used to satisfy the emergency response information requirement. The 1996 NAERG is one option available that may be used to comply with the requirements of $ 172.602(a). Therefore, if the 1996 NAERG is present on a transport vehicle and is maintained as specified, the requirements of $ 172.602 (a) are met. However, the HMR do not specifically require the use of the 1996 NAERG to satisfy I hope this satisfies your request. Sincerely, Transportation Regulations Specialist Office of Hazardous Materials Standards#

Page 2BHH $172.602 S.G. Oliver D -48 Waldo Point Harbor sausalito, Ca. 94965 Jon. 18,1999 415-331-701€ 99-0018 Mr. mazzullo In sept. of last year I received a ticket for not having my Energency Response Guile book. The freight that I carry are I pallets of car battery and 2 pallets of air bags. The car batters do not require placards beacese of the weight. I have sent you a copy of the law and a copy of a fright bill. Air bags fall under hazardous Matterials 9. lease send me information on air bags, that can present to the count, thin the with below to notest pegel the guidelines of the low on the batters. Please sand me shit yest nd this back Possible on the matter. to the court on February 25 Thank you for your help. Susay Oliver#

Page 3§173.158—§173.159 April 1998 (1) Glass or earthenware not over 2.5 L (0.66 gallon) capacity; overpacked in tightly closed metal packagings; or (2) Plastic not over 2.5 L (0.66 gallon) capacity further individually other requirements of this subchapter under the following conditions: (d) A nonspillable wet electric storage battery is excepted from all (3) Glass ampoule not over 0.5 L (0.1 gallon) capacity. curely packaged; (1) The battery must be protected against short circuits and se- tery and the outer packaging must be plainly and durably marked (2) For batteries manufactured after September 30, 1995, the bat- taining electrolyte acid or alkaline corrosive battery fluid, must be §173.159 Batteries, wet. (a) Electric storage batteries, con- "NONSPILLABLE" or "NONSPILLABLE BATTERY"; and not be packed with other materials except as provided in §§173.220 completely protected so that short circuits will be prevented; they may tests, without leakage of battery fluid from the battery. (3) The battery must be capable of withstanding the following two and 173.222 of this part and paragraph (h) of this section. (i) Vibration test. The battery must be rigidly clamped to the teries packed without other materials: (b) The following specification packagings are authorized for bat- having an amplitude of 0.8 mm (0.03 inches), with a 1.6 mm platform of a vibration machine, and a simple harmonic motion (1) 4C1, 4C2, 4D, or 4F wooden boxes. (0.063 inches) maximum total excursion must be applied. The (3) 1D plywood drums. (2) 4G fiberboaid boxes. limits of 10 Hz to 55 Hz. The entire range of frequencies and frequency must be varied at the rate of 1 Hz/min between the (4) 1G- fiber drums. return must be traversed in 95 = 5 minutes for each mounting (6) 4H2 plastic boxes. (5) 1H2 and 3H2 plastic drums and jerricans. position (direction of vibrator) of the, battery. The battery must testing with fill openings and vents, if any, in an inverted posi- be tested in three mutually perpendicular positions (to include batteries packed without other materials: (c) The following non-specification packagings are authorized for (it) tion) for equal time periods. firmly secured to skids or pallets capable of withstanding the shocks (1) Electric storage batteries protected against short circuits and Pressure differential test. Following the vibration test, the battery must be stored for six hours at 24°C = 4°C (75°F normally incident to transportation, are authorized for transportation 88 kPa (13 ps). The battery must be tested in three mutually + 7°F) while subjected to a pressure differential of at least exceed 1½ times the width of the skid or pallet. The unit must be by rail, highway, or water. The height of the completed unit must not and vents, if any, in an inverted position) for at least six perpendicular positions (to include testing with fill openings capable of withstanding, without damage, a superimposed weight exceeds 907 kg (2000 pounds). a superimposed weight of 1814 kg equal to two times the weight of the unit or, if the weight of the unit ¡(e) Electric storage batteries containing electrolyte or corrosive bat- Shours in each position any part of the superimposed weight. (4000 pounds). Battery terminals must not be relied upon to support ansportation by highway or rail if all of the following requirements ry fluid are not subject to the requirements of this subchapter for more, consisting of carriers' equipment, may be shipped by rail when (2) Electric storage batteries weighing 225 kg (500 pounds) or e met: ehicle; (1) No other hazardous materials may be transported in the same shipments may not be offered in interchange service. mounted on suitable skids and protected against short circuits. Such 1(2) The batteries must be loaded or braced so as to prevent damage packed in outer boxes. the maxımum authorized gross weight is 34 (3) One to three batteries not over 11.3 kg (25 pounds) each, : (3) Any other material loaded in the same vehicle must be blocked, ind short circuits in transit: ne batteries; and racad, or otherwise secured to prevent contact with or damage to packed in strong outer fiberboard or wooden boxes. Batteries must (4) Not more than four batteries not over 7 kg (15 pounds) each, erson other than the shipper of the batteries. (4) The transport vehicle may not carry material shipped by any be securely cushioned and packed to prevent short circuits. The maximum authorized gross weight is 30 kg (65 pounds). ety fluid in a coil from which it is injected into the battery cells by a (f) Electric storage batteries, containing electrolyte or corrosive bat- packed in strong outer fiberboard or wooden boxes. Batteries must (5) Not more than five batteries not over 4.5 kg (10 pounds) each, gas generator and initiator assembled with the battery, and which are be securely cushioned and packed to prevent short circuits. The excepted from other requirements of this subchapter when examined nonspillable under the criteria of paragraph (d) of this section, are maximum authorized gross weight is 30 kg (65 pounds). in 5-sided slip covers or in completely closed fiberboard boxes. Slip (6) Single batteries not exceeding 34 kg (75 pounds) each, packed by the Bureau of Explosives and approved by the Associate Adminis- trator for Hazardous Materials Safety. covers and boxes must be of solid or double-faced-corrugated fiber.. _storage, batteries wet or dry. must be packed in one of the following (g) Electrolyte, acid, or alkaline corrosive baltery fluid, packed with or fiberboard box must fit snugly and provide inside top clearance of board of at least 91 kg (200 pounds) Mullen test strength. The slip cover specification packagings: reinforcement in place. Assembled for shipment, the bottom edges at least 1.3 cm (0.5 inch) above battery terminals and filler caps with of glass, not over 4.0 L (1 gallon) each with not over 8.0 L (2 gallons) (1) In 4C1, 4C2, 4D, or 4F wooden boxes with inner receptacles of the slipcover must come to within 2.5 cm (1 inch) of the bottom of total in each outside container. Inside containers must be well-cush- must be capable of withstanding a top-to-bottom compression test of the battery. The completed package (battery and box or slip cover) ioned and separated from batteries by a strong sold wooden partition. ments. The completed package must conform to Packing Group Ill require- at least 225 kg (500 pounds) without damage to battery terminals, storage batteries and filling kits may be packed in strong plywood or (2) Electrolyte, acid, or alkaline corrosive battery fluid included with packed in completely closed fiberboard boxes. Boxes must be of (7) Single batteries exceeding 34 kg (75 pounds) each may be wooden boxes when shipments are made by, for, or to the Depart- double-wall corrugated fiberboard of at least 181 kg (400 pounds) ments of the Army, Navy, or Air Force of the United States. Packagings test, or solid fiberboard testing at least 181 kg (400 pounds); a box must conform to military specilications. The electrolyte, acid, or alka- may have hand holes in its ends provided that the handholes will not not over 1.0 L (0.3 gallon) capacity each. Not more than 24 bottles, line corrosive battery fluid must be packed in polyethylene bottles of materially weaken the box. Sides and ends of the box must have securely separated from storage balteries and kits. may be offered cushioning between the battery and walls of the box; combined thick- 1.3 cm (0.5 inch); and cushioning must be excelsior pads, corrugated ness of cushioning material and walls of the box must not be less than for transportation or transported in each package of polvethylene or other material resistant to the lading, each not over (3) In 4G fiberboard boxes with not more than 12 inside packagings fiberboard, or other suitable cushioning material. The bottom of the battery must be protected by a minimum of one excelsior or double- 2.0 L (0.5 gallon) capacity each. Completed packages must confom to Packing Group Ill requirements. Inner packagings must be ade tected by a wood frame, corrugated trays or scored sheets of corru- wall corrugated fiberboard pad. The top of the battery must be pro- gross weight is 29 kg (64 pounds). These packages are not authorized! quately separated from the storage battery. The maximum authorized equally effective cushioning material. Top protection must bear evenly gated fiberboard having minımum test of 91 kg (200 pounds), or other for transportation by aircraft. aged in 4G fiberboard boxes with inner receptacles containing batter (h) Dry storage batteries or battery charger devices may be pack on connectors and/or edges of the battery cover to facilitate stacking of batteries. No more than one battery may be placed in one box. fluid. Completed packagings must conform to Packing Group ill re The maximum authorized gross weight is 91 kg (200 pounds). quirements. Not more than 12 inner receptacles may be packed is#

Page 4opy fron The red D.ot. Hay Mat. book : found at the scales in calif.#

Page 5DELPHI ENERGY 5 ENGINE MGMT SYSTEMS DELPHI -E ANAHEIM PAGE " of 1 1201 N. MAGNOLIA AVENUE NO. SHIPPER/S.!.D.. 1/12/98: 010871 28: 37 ANAHEIM CA 92801-3190 - LANT DOCK: CISCO: 35010 DUNS: 008323396 SHIPPER TYPE: 0 UST SHP CTL? NO: ALT/DIR SHIP SUPPLIER SID NO: JEALER NO: SPO ORDER NO: NATION CODE: 102970571 L AUTH NO: ING CUSTOMER: 102970571 RECEIVING DOCK CODE: MER REF NBR: 8171310 IEW UNITED MOTOR MANUFACTURING SHIP DELPHI -E ANAHEIM +5500 FREMONT BLVD DK CODE CF FROM: DELPHI ENERGY & ENGINE MGMT SYS "REMONT CA 94538 1201 N. MAGNOLIA AVENUE : ANAHE IM US CA 928013190 US PORTATION METHOD: LT ROUTING: * NO ROUTE AVAILABLE * . CKUP CARRIER: PKUP VEHICLE #: 102 PRO NUMBER: VERY CARRIER: VEHICLE *: PRO NUMBER: y0.: --- LOAD/ HOLD: N •TY FARTNO/ECL/VER PART NAME P CONT/P.o.* ?/U CONTNR.# NETWGT 11201981515/ /100 515 BATTERY ALL * 00275547 3731 IST PN: 288000101100 HZ: UN2794 PS: .******* ************* *******. ***************************** • VI TALLY: PAYMENT TERMS: COLLECT GROSS WEIGHT: 3784 K UNITS: *******+******************************************************************* TARE WEIGHT: NET WEIGHT: 3731 TY C/TYP DESCRIPTIONS OF ARTICLES, SPECIAL MARKS AND EXCEPTIONS I OLLET SUB NO: 2 BATTERIES, ELECTRICAL STORAGE, ASSEMBLED, N.O. 1., WET VALUE BATTERIES, WET, FILLED WITH ACID, 8, UN2794, PG|11 NOT TO EXCEED $2.00 PER POUND (NMFC IT. 60720-2) EMERGENCY CONTACT: -300-535-5053- SEE EMERGENCY RESPONSE GUIDE NO. 154 IN D.O.T. EMERGENCY RESPONSE GUIDEBOOK THIS IS TO CERTIFY THAT THE ABOVE NAMED MATERIALS ARE PROPERLY CLASSIFIED, DESCRIBED, PACKAGED, MARKED AND LABELED, AND ARE IN ED AN A 0 AND ARE Y PROPER CONDITION FOR TRANSPORTATION ACCORDING TO THE APPLICABLE REGULATIONS OF THE DEPARTMENT OF TRANSPORTATION. SIGNED SUBJECT TO SECTION 7 OF CONDITIONS OF APPLICABL мика STOP LASTN THE CARRIER SHALL NOT MAKE DELIVERY OF THIS SHIPMENT WITHOUT PAYMENT FREIGHT AND ALL OTHER LAWFUL CHARGES. PER: DAVE MCCULLOUGH (SIGNATURE OF CONSIGNOR) RECEIVED, SUBJECT TO THE CLASSIFICATIONS LAWFULLY FILED TARIFFS IN EFFECT ON THE DATE OF THE ISSUE OF THIS BILL OF KADING. THE TERMS AND CONDITIONS SHOWN IN THE UNIFORM BILL OF LADING APPLY. DAVE MCCULLOUGH CARRIER'S AGENT. DATE: 11-12-98 ******** ***** TOYOTAL + * * * * * * no dirginia alre SHIPPER NO.: 10871#

Page 6Copy of freight Bill on Battarys#

Page 7! - • SHIPPER FREIGHT CHARGES ARE PREPAID ON THIS DRIVER PLEASE NOTE BILL OF LADING UNLESS MARKED COLLECT PLEASE NOTE IF SINGLE SHIPMENT CHECK BOX BELOW PLACE PRO LABEL HERE BILL OF LADING STRAIGHT ORIGINAL - NOT NEGOTIABL DATE 1/11/99 TP.O. NO. SINGLE SHIPMENT PICKUP ? SHIPPER NO. CONSIGNEE (TO) HIPPER (FROM) 90112/0 NEW UNITED MOTOR MANUFACTURING, INC. OYOTA LOGISTICS SERVICES, INC STREET 45500 FREMONT BLVD STREET 1000 E. 223RD STREET CITY. STATE. ZIP CITY. STATE. ZIP FREMONT, CA 94538 USA CARSON, CA 90745 USA PHONE NO. S. MANOBE/510-498-7864 ROUTE VEHICLENO. | CoPS# 102 SHIPPING NUMBER UNITS HM KIND OF PACKAGING, DESCRIPTION OF ARTICLES, SPECIAL MARKS AND EXCEPTIONS NMFC No. CLASS WEIGHT (Subjectto (LBS) Correction) 21 PLASTIC BOXES X 37.08 LBS EACH 19697 85 578ibs PLTS AIR BAG MODULES 9, UN3268, III NO PLACARDS REQUIRED PER 49 CFR 172.506(F)(9) 1996 NA ERG 171 EMERGENCY CONTACT: CHEMTREC 1-800-424-9300/1-703-527-3887 21 • Total Totalx 278Ibs REMIT C.O.D. TO PLACARDS TENDERED? COD AMOUNT: COD FEE: ADDRESS - YESE NO 12-- -IS-CUSTOMER'S. CHECK ACCEPTABLE. PREPAID • CITY: STATE: ZIP: CDLE YES XI NO O FOR C.O.D.? YES DI NO DI COLLECT • mered to the concone minou ra coure on the coreonor in Ine opeRa or decore a roue of the grocerty & needy latch dly sited by the trotti lo be nol escarano contone shot on in two doin FREIGHT CHARGES: The comer that ner mace cervery el the nomena menous $ perib. corment el trevors and emer wanhe charges. PRECH FERNS DeA BE RON encool man charges are (sonero el Cersonors "THIS IS TO CERTIFY THAT THE ABOVE NAMED MATERIALS ARE PROPERLY CLASSIFIED, DESCRIBED, PACKAGED, MARKED AND LABELED AND ARE IN PROPER CONDITION FOR TRANSPORT ACCORDING TO THE APPLICABLE REGULATIONS OF THE DEPARTMENT OF TRANSPORTATION. conditions, and rules maintained al carier's Pricing Depatment in elfect on the care of the issue of this bill of lading, the property described above in apporent good order, exced as RECEIVED. subject to the National Motor Freight Classifications, the ATA Hazordous Malerials Rules Tarif (ATA 111 Series), the carer's tarifts, and the carrier's pricing senecules, terms. throughout this contract as meaning any person or corporation in possession of the property under the contract, agrees to carry its usual place of delivery at said destination if on its noted (contents and condilions of contents of paskages unknown), marked. consigned, and deslined as indicated above when said carie: (the word carer being understood route, olnerwise to deliver to another carrier on the roule to said destinalion. It is mutually agreed as to each comer of oll or any said property, over all or any portion of said route to destination ana as to eac party at any time interested in all or any of said propeny, that every service to be performed hereunder shall be subject to all the bill of lading terms and consequenlial damages. conditions in ine governing ciassification on the dale of shipment. Camer shall in no event be liable for loss of profit, income. interest. allorney fees or any special incidental a conditions are neleby agreed to by the shipper ana accepted for himself and his assigns. Shipper nereov certifies ina: he is familiar with all the terms and conditions in the bil of lating, govering tants, paing sonedules, rules ana crassifications and the said terms and SHIPPER TOYOTA LOGISTICS SERVICES, INC. CARRIER AUTHORIZED SIGNATURE AUTHORIZED SIGNATURE TOYOTA TRANSPORT K- DATE NUMBER OF PIECES PECEIVED = 1/11/99#

Page 8Air Bag Freight Bill#