{"operation":"document","citation":"99-0018","title":"Ms. Susan G. Oliver — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"1999-02-05","effective_on":null,"summary":"99-0018 concerning 172.602.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-99-0018.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-99-0018.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-99-0018","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/1999/990018.pdf","body":"<<<PAGE 1>>>\n\n•\nU.S. Department\nof Transportation\nWashington. D.C.\n400 Seventh Street, S.W.\n20590\nSpecial Programs\nResearch and\nAdministration\nFEB\n5 1999\nMS.\nSusan G. Oliver\nRef. No. 99-0018\nD-48 Waldo Point Harbor\nSausalito, CA 94965\nDear Ms. Oliver:\nThis is in response to your letter dated January 18, 1999 and\nsubsequent telephone conversation with a member of my stati,\nregarding emergency response information requirements under\nthe Hazardous Materials Regulations (HMR; 49 CFR Parts 171-\n180). Specifically you ask if a carrier of hazardous material\nmust carry the 1996 North American Emergency Response\nGuidebook (NAERG) in the vehicle.\nthat contains all of the information specified in\nThe answer is no. Any document (including the shipping paper)\n§ 172.602 (a) (1) through (7) may be used to satisfy the\nemergency response information requirement. The 1996 NAERG is\none option available that may be used to comply with the\nrequirements of $ 172.602(a). Therefore, if the 1996 NAERG is\npresent on a transport vehicle and is maintained as specified,\nthe requirements of $ 172.602 (a) are met. However, the HMR do\nnot specifically require the use of the 1996 NAERG to satisfy\nI hope this satisfies your request.\nSincerely,\nTransportation Regulations Specialist\nOffice of Hazardous Materials Standards\n\n<<<PAGE 2>>>\n\nBHH\n$172.602\nS.G. Oliver\nD -48 Waldo Point Harbor\nsausalito, Ca. 94965\nJon. 18,1999\n415-331-701€\n99-0018\nMr. mazzullo\nIn sept. of last year I received a ticket\nfor not having my Energency Response Guile book.\nThe freight that I carry are I pallets of car battery\nand 2 pallets of air bags.\nThe car batters do not require placards beacese\nof the weight. I have sent you a copy of the law and\na copy of a fright bill. Air bags fall under hazardous\nMatterials 9.\nlease send me information\non air bags, that can present to the\ncount, thin the with below to notest pegel\nthe guidelines of the low on the batters.\nPlease sand me shit yest nd this back\nPossible on the matter.\nto the court on February 25\nThank you for your help.\nSusay Oliver\n\n<<<PAGE 3>>>\n\n§173.158—§173.159\nApril 1998\n(1) Glass or earthenware not over 2.5 L (0.66 gallon) capacity;\noverpacked in tightly closed metal packagings; or\n(2) Plastic not over 2.5 L (0.66 gallon) capacity further individually\nother requirements of this subchapter under the following conditions:\n(d) A nonspillable wet electric storage battery is excepted from all\n(3) Glass ampoule not over 0.5 L (0.1 gallon) capacity.\ncurely packaged;\n(1) The battery must be protected against short circuits and se-\ntery and the outer packaging must be plainly and durably marked\n(2) For batteries manufactured after September 30, 1995, the bat-\ntaining electrolyte acid or alkaline corrosive battery fluid, must be\n§173.159 Batteries, wet.\n(a) Electric storage batteries, con-\n\"NONSPILLABLE\" or \"NONSPILLABLE BATTERY\"; and\nnot be packed with other materials except as provided in §§173.220\ncompletely protected so that short circuits will be prevented; they may\ntests, without leakage of battery fluid from the battery.\n(3) The battery must be capable of withstanding the following two\nand 173.222 of this part and paragraph (h) of this section.\n(i) Vibration test. The battery must be rigidly clamped to the\nteries packed without other materials:\n(b) The following specification packagings are authorized for bat-\nhaving an amplitude of 0.8 mm (0.03 inches), with a 1.6 mm\nplatform of a vibration machine, and a simple harmonic motion\n(1) 4C1, 4C2, 4D, or 4F wooden boxes.\n(0.063 inches) maximum total excursion must be applied. The\n(3) 1D plywood drums.\n(2) 4G fiberboaid boxes.\nlimits of 10 Hz to 55 Hz. The entire range of frequencies and\nfrequency must be varied at the rate of 1 Hz/min between the\n(4) 1G- fiber drums.\nreturn must be traversed in 95 = 5 minutes for each mounting\n(6) 4H2 plastic boxes.\n(5) 1H2 and 3H2 plastic drums and jerricans.\nposition (direction of vibrator) of the, battery. The battery must\ntesting with fill openings and vents, if any, in an inverted posi-\nbe tested in three mutually perpendicular positions (to include\nbatteries packed without other materials:\n(c) The following non-specification packagings are authorized for\n(it)\ntion) for equal time periods.\nfirmly secured to skids or pallets capable of withstanding the shocks\n(1) Electric storage batteries protected against short circuits and\nPressure differential test. Following the vibration test, the\nbattery must be stored for six hours at 24°C = 4°C (75°F\nnormally incident to transportation, are authorized for transportation\n88 kPa (13 ps). The battery must be tested in three mutually\n+ 7°F) while subjected to a pressure differential of at least\nexceed 1½ times the width of the skid or pallet. The unit must be\nby rail, highway, or water. The height of the completed unit must not\nand vents, if any, in an inverted position) for at least six\nperpendicular positions (to include testing with fill openings\ncapable of withstanding, without damage, a superimposed weight\nexceeds 907 kg (2000 pounds). a superimposed weight of 1814 kg\nequal to two times the weight of the unit or, if the weight of the unit\n¡(e) Electric storage batteries containing electrolyte or corrosive bat-\nShours in each position\nany part of the superimposed weight.\n(4000 pounds). Battery terminals must not be relied upon to support\nansportation by highway or rail if all of the following requirements\nry fluid are not subject to the requirements of this subchapter for\nmore, consisting of carriers' equipment, may be shipped by rail when\n(2) Electric storage batteries weighing 225 kg (500 pounds) or\ne met:\nehicle;\n(1) No other hazardous materials may be transported in the same\nshipments may not be offered in interchange service.\nmounted on suitable skids and protected against short circuits. Such\n1(2) The batteries must be loaded or braced so as to prevent damage\npacked in outer boxes. the maxımum authorized gross weight is 34\n(3) One to three batteries not over 11.3 kg (25 pounds) each,\n: (3) Any other material loaded in the same vehicle must be blocked,\nind short circuits in transit:\nne batteries; and\nracad, or otherwise secured to prevent contact with or damage to\npacked in strong outer fiberboard or wooden boxes. Batteries must\n(4) Not more than four batteries not over 7 kg (15 pounds) each,\nerson other than the shipper of the batteries.\n(4) The transport vehicle may not carry material shipped by any\nbe securely cushioned and packed to prevent short circuits. The\nmaximum authorized gross weight is 30 kg (65 pounds).\nety fluid in a coil from which it is injected into the battery cells by a\n(f) Electric storage batteries, containing electrolyte or corrosive bat-\npacked in strong outer fiberboard or wooden boxes. Batteries must\n(5) Not more than five batteries not over 4.5 kg (10 pounds) each,\ngas generator and initiator assembled with the battery, and which are\nbe securely cushioned and packed to prevent short circuits. The\nexcepted from other requirements of this subchapter when examined\nnonspillable under the criteria of paragraph (d) of this section, are\nmaximum authorized gross weight is 30 kg (65 pounds).\nin 5-sided slip covers or in completely closed fiberboard boxes. Slip\n(6) Single batteries not exceeding 34 kg (75 pounds) each, packed\nby the Bureau of Explosives and approved by the Associate Adminis-\ntrator for Hazardous Materials Safety.\ncovers and boxes must be of solid or double-faced-corrugated fiber..\n_storage, batteries wet or dry. must be packed in one of the following\n(g) Electrolyte, acid, or alkaline corrosive baltery fluid, packed with\nor fiberboard box must fit snugly and provide inside top clearance of\nboard of at least 91 kg (200 pounds) Mullen test strength. The slip cover\nspecification packagings:\nreinforcement in place. Assembled for shipment, the bottom edges\nat least 1.3 cm (0.5 inch) above battery terminals and filler caps with\nof glass, not over 4.0 L (1 gallon) each with not over 8.0 L (2 gallons)\n(1) In 4C1, 4C2, 4D, or 4F wooden boxes with inner receptacles\nof the slipcover must come to within 2.5 cm (1 inch) of the bottom of\ntotal in each outside container. Inside containers must be well-cush-\nmust be capable of withstanding a top-to-bottom compression test of\nthe battery. The completed package (battery and box or slip cover)\nioned and separated from batteries by a strong sold wooden partition.\nments.\nThe completed package must conform to Packing Group Ill require-\nat least 225 kg (500 pounds) without damage to battery terminals,\nstorage batteries and filling kits may be packed in strong plywood or\n(2) Electrolyte, acid, or alkaline corrosive battery fluid included with\npacked in completely closed fiberboard boxes. Boxes must be of\n(7) Single batteries exceeding 34 kg (75 pounds) each may be\nwooden boxes when shipments are made by, for, or to the Depart-\ndouble-wall corrugated fiberboard of at least 181 kg (400 pounds)\nments of the Army, Navy, or Air Force of the United States. Packagings\ntest, or solid fiberboard testing at least 181 kg (400 pounds); a box\nmust conform to military specilications. The electrolyte, acid, or alka-\nmay have hand holes in its ends provided that the handholes will not\nnot over 1.0 L (0.3 gallon) capacity each. Not more than 24 bottles,\nline corrosive battery fluid must be packed in polyethylene bottles of\nmaterially weaken the box. Sides and ends of the box must have\nsecurely separated from storage balteries and kits. may be offered\ncushioning between the battery and walls of the box; combined thick-\n1.3 cm (0.5 inch); and cushioning must be excelsior pads, corrugated\nness of cushioning material and walls of the box must not be less than\nfor transportation or transported in each package\nof polvethylene or other material resistant to the lading, each not over\n(3) In 4G fiberboard boxes with not more than 12 inside packagings\nfiberboard, or other suitable cushioning material. The bottom of the\nbattery must be protected by a minimum of one excelsior or double-\n2.0 L (0.5 gallon) capacity each. Completed packages must confom\nto Packing Group Ill requirements. Inner packagings must be ade\ntected by a wood frame, corrugated trays or scored sheets of corru-\nwall corrugated fiberboard pad. The top of the battery must be pro-\ngross weight is 29 kg (64 pounds). These packages are not authorized!\nquately separated from the storage battery. The maximum authorized\nequally effective cushioning material. Top protection must bear evenly\ngated fiberboard having minımum test of 91 kg (200 pounds), or other\nfor transportation by aircraft.\naged in 4G fiberboard boxes with inner receptacles containing batter\n(h) Dry storage batteries or battery charger devices may be pack\non connectors and/or edges of the battery cover to facilitate stacking\nof batteries. No more than one battery may be placed in one box.\nfluid. Completed packagings must conform to Packing Group ill re\nThe maximum authorized gross weight is 91 kg (200 pounds).\nquirements. Not more than 12 inner receptacles may be packed is\n\n<<<PAGE 4>>>\n\nopy fron\nThe red D.ot.\nHay Mat. book\n: found at the scales\nin calif.\n\n<<<PAGE 5>>>\n\nDELPHI ENERGY 5 ENGINE MGMT SYSTEMS\nDELPHI -E ANAHEIM\nPAGE\n\" of\n1\n1201 N. MAGNOLIA AVENUE\nNO.\nSHIPPER/S.!.D..\n1/12/98:\n010871\n28: 37\nANAHEIM\nCA 92801-3190\n-\nLANT DOCK:\nCISCO: 35010 DUNS:\n008323396 SHIPPER TYPE: 0\nUST SHP CTL? NO:\nALT/DIR SHIP SUPPLIER SID NO:\nJEALER NO:\nSPO ORDER NO:\nNATION CODE: 102970571 L AUTH NO:\nING CUSTOMER: 102970571\nRECEIVING DOCK CODE:\nMER REF NBR:\n8171310\nIEW UNITED MOTOR MANUFACTURING\nSHIP DELPHI -E ANAHEIM\n+5500 FREMONT BLVD DK CODE CF\nFROM: DELPHI ENERGY & ENGINE MGMT SYS\n\"REMONT CA\n94538\n1201 N. MAGNOLIA AVENUE\n:\nANAHE IM\nUS\nCA 928013190 US\nPORTATION METHOD: LT\nROUTING: * NO ROUTE AVAILABLE *\n. CKUP CARRIER: PKUP\nVEHICLE #:\n102\nPRO NUMBER:\nVERY CARRIER:\nVEHICLE *:\nPRO NUMBER:\ny0.:\n---\nLOAD/ HOLD: N\n•TY FARTNO/ECL/VER\nPART NAME\nP CONT/P.o.* ?/U\nCONTNR.#\nNETWGT\n11201981515/\n/100 515 BATTERY\nALL\n* 00275547\n3731\nIST PN: 288000101100\nHZ: UN2794\nPS:\n.*******\n*************\n*******.\n*****************************\n• VI TALLY:\nPAYMENT TERMS: COLLECT\nGROSS WEIGHT:\n3784\nK UNITS:\n*******+*******************************************************************\nTARE WEIGHT:\nNET WEIGHT:\n3731\nTY C/TYP DESCRIPTIONS OF ARTICLES, SPECIAL MARKS AND EXCEPTIONS\nI OLLET SUB NO: 2\nBATTERIES, ELECTRICAL STORAGE, ASSEMBLED, N.O. 1., WET VALUE\nBATTERIES, WET, FILLED WITH ACID, 8, UN2794, PG|11\nNOT TO EXCEED $2.00 PER POUND (NMFC IT. 60720-2)\nEMERGENCY CONTACT: -300-535-5053- SEE EMERGENCY RESPONSE GUIDE\nNO. 154 IN D.O.T. EMERGENCY RESPONSE GUIDEBOOK\nTHIS IS TO CERTIFY THAT THE ABOVE NAMED MATERIALS ARE PROPERLY\nCLASSIFIED, DESCRIBED, PACKAGED, MARKED AND LABELED, AND ARE IN\nED AN A 0 AND ARE Y\nPROPER CONDITION FOR TRANSPORTATION ACCORDING TO THE APPLICABLE\nREGULATIONS OF THE DEPARTMENT OF TRANSPORTATION. SIGNED\nSUBJECT TO SECTION 7 OF CONDITIONS OF APPLICABL\nмика\nSTOP LASTN\nTHE CARRIER SHALL NOT MAKE DELIVERY OF THIS SHIPMENT WITHOUT PAYMENT\nFREIGHT AND ALL OTHER LAWFUL CHARGES. PER:\nDAVE MCCULLOUGH\n(SIGNATURE OF CONSIGNOR)\nRECEIVED, SUBJECT TO THE CLASSIFICATIONS\nLAWFULLY FILED TARIFFS\nIN EFFECT ON THE DATE OF THE ISSUE OF THIS BILL OF KADING.\nTHE TERMS AND\nCONDITIONS SHOWN IN THE UNIFORM BILL OF LADING APPLY.\nDAVE MCCULLOUGH\nCARRIER'S AGENT.\nDATE: 11-12-98\n********\n*****\nTOYOTAL\n+ *\n*\n* *\n*\n*\nno dirginia alre\nSHIPPER NO.:\n10871\n\n<<<PAGE 6>>>\n\nCopy of\nfreight Bill on\nBattarys\n\n<<<PAGE 7>>>\n\n!\n-\n•\nSHIPPER\nFREIGHT CHARGES ARE PREPAID ON THIS\nDRIVER\nPLEASE NOTE\nBILL OF LADING UNLESS MARKED COLLECT\nPLEASE NOTE\nIF SINGLE SHIPMENT\nCHECK BOX BELOW\nPLACE PRO LABEL HERE\nBILL OF LADING\nSTRAIGHT\nORIGINAL - NOT NEGOTIABL\nDATE\n1/11/99\nTP.O. NO.\nSINGLE SHIPMENT PICKUP ?\nSHIPPER NO.\nCONSIGNEE (TO)\nHIPPER (FROM)\n90112/0\nNEW UNITED MOTOR MANUFACTURING, INC.\nOYOTA LOGISTICS SERVICES, INC\nSTREET\n45500 FREMONT BLVD\nSTREET\n1000 E. 223RD STREET\nCITY. STATE. ZIP\nCITY. STATE. ZIP\nFREMONT, CA 94538 USA\nCARSON, CA 90745 USA\nPHONE NO.\nS. MANOBE/510-498-7864\nROUTE\nVEHICLENO.\n| CoPS#\n102\nSHIPPING\nNUMBER\nUNITS\nHM\nKIND OF PACKAGING, DESCRIPTION OF ARTICLES, SPECIAL MARKS AND EXCEPTIONS\nNMFC No.\nCLASS\nWEIGHT\n(Subjectto\n(LBS)\nCorrection)\n21\nPLASTIC BOXES X 37.08 LBS EACH\n19697\n85\n578ibs\nPLTS\nAIR BAG MODULES\n9, UN3268, III\nNO PLACARDS REQUIRED PER 49 CFR 172.506(F)(9)\n1996 NA ERG 171\nEMERGENCY CONTACT: CHEMTREC 1-800-424-9300/1-703-527-3887\n21\n• Total\nTotalx 278Ibs\nREMIT C.O.D. TO\nPLACARDS TENDERED?\nCOD AMOUNT:\nCOD FEE:\nADDRESS\n- YESE NO 12--\n-IS-CUSTOMER'S. CHECK ACCEPTABLE. PREPAID •\nCITY:\nSTATE: ZIP:\nCDLE YES XI NO O\nFOR C.O.D.? YES DI NO DI\nCOLLECT •\nmered to the concone minou ra coure on the coreonor in\nIne opeRa or decore a roue of the grocerty & needy latch dly sited by the trotti lo be nol escarano\ncontone shot on in two doin\nFREIGHT CHARGES:\nThe comer that ner mace cervery el the nomena menous\n$\nperib.\ncorment el trevors and emer wanhe charges.\nPRECH FERNS\nDeA BE RON\nencool man\ncharges are\n(sonero el Cersonors\n\"THIS IS TO CERTIFY THAT THE ABOVE NAMED MATERIALS ARE PROPERLY CLASSIFIED, DESCRIBED, PACKAGED, MARKED AND LABELED AND ARE\nIN PROPER CONDITION FOR TRANSPORT ACCORDING TO THE APPLICABLE REGULATIONS OF THE DEPARTMENT OF TRANSPORTATION.\nconditions, 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\nRECEIVED. 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.\nthroughout 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\nnoted (contents and condilions of contents of paskages unknown), marked. consigned, and deslined as indicated above when said carie: (the word carer being understood\nroute, 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\ndestination 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\nconsequenlial damages.\nconditions in ine governing ciassification on the dale of shipment.\nCamer shall in no event be liable for loss of profit, income. interest. allorney fees or any special incidental a\nconditions are neleby agreed to by the shipper ana accepted for himself and his assigns.\nShipper 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\nSHIPPER\nTOYOTA LOGISTICS SERVICES, INC.\nCARRIER\nAUTHORIZED SIGNATURE\nAUTHORIZED SIGNATURE\nTOYOTA TRANSPORT\nK-\nDATE\nNUMBER OF PIECES PECEIVED =\n1/11/99\n\n<<<PAGE 8>>>\n\nAir Bag\nFreight Bill","truncated":false,"body_characters":17015}