Challenger Transportation, Inc. — Hazardous Materials Safety Interpretation

Page 1U.S. Department 400 Seventh Street, S.W of Transportation Washington, D.C. 20590 Special Programs Research and Administration DEC 2 1999 Mr. Jeff K. Ehrman Ref. No. 99-0280 Challenger Transportation, Inc. P.O. Box 247 Clinton, MO 64735 Dear Mr. Ehrman: This is in response to your letter dated October 6, 1999, regarding the shipment of electric storage batteries under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). pecilically you ask if electric storage batteries meeting the criteria specified in § 173.159(e) are subject to placarding when shipping papers are provided (e.g., Batteries, wet, filled with acid, 8, UN2794, PG III) . answer is no. Under § 173.159 (e), electric storage batteries Do onded or braced do as to reen Can an (2) In addition, any other material loaded in the vehicle must be blocked and braced to prevent contact with or damage to the batteries and the vehicle may not carry material shipped by any person other than the shipper of the batteries. Electric storage batteries meeting the criteria specified in $ 173.159 (e) are not subject to the HMR. The HMR include, but are not limited to; shipping paper, marking, labeling, and placarding requirements. If the shipper chooses to provide a hazardous materials shipping paper, the shipper must do so in accordance with all the requirements in Part 172, Subpart C; however, the vehicle need not be placarded. I hope this satisfies your request. faet Gale Transportation Regulations Specialist Office of Hazardous Materials Standards 173,159 990280#

Page 2CHALLENGER TRANSPORTATION, INC. P.O. Box 247 • Clinton, Missouri 64735 • Office: (660) 885-7571 • Fax: (660) 885-8615 BAH October 6, 1999 8173.159 99-0280 Director OHMS Mr. Edward Mazzullo 400 7th Street SW Washington, DC 90509 Dear Mr. Mazzullo, I would appreciate your written interpretation on the following issue. I.E.: If the bill of lading shows: Batteries, wet, filled with acid, 8, UN2794, PGIII and the batteries are shipped meeting all requirements of 173.154(2) and 173.159(e) which allows exemption. Are we still allowed to take exemption 173.159(e) and not plaquer the load if all requirements in section 173.159(e) and 173.154(2) are made.? (copy of bill of lading attached) I look forward to your interpretation and written response. Should you have any additional questions or comments please contact me at 800-334-7269. Sincerely, Jeff K. Ehrman President Challenger Transportation, Inc. JKE/dj Attachment#