Interpretation Response #06-0062 ([DLA Piper Rudnick Gray Cary US LLP] [Mr. Paul D. Ackerman])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: DLA Piper Rudnick Gray Cary US LLP
Individual Name: Mr. Paul D. Ackerman
Location State: DC Country: US
View the Interpretation Document
Response text:
Apr 20, 2006
Mr. Paul D. Ackerman Reference No. 06-0062
DLA Piper Rudnick Gray Cary US LLP
1200 Nineteenth Street N.W.
Washington, D.C. 20036-2412
Dear Mr. Ackerman:
This is in response to your March 10, 2006 letter requesting clarification on the applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to the transportation of electric storage batteries. You provide three different transportation scenarios. Specifically, you ask if your electric storage batteries satisfy the exceptions in § 173.159 when they are offered and transported under the conditions described in each scenario. Each scenario is summarized, and the answer for each scenario is provided as follows:
Scenario 1: A facility ships (1) used non-spillable wet electric storage batteries that meet a the conditions of the exception in § 173.159(d); and, (2) used wet electric storage batteries (i.e. not “non-spillable”) that are loaded and transported in accordance with all of the conditions of the exception in § 173.159(e). The “non-spillable” wet electric storage batteries and the wet electric storage batteries are placed into the same outer packaging for transportation. The batteries are offered for transportation by highway only.
Answer 1: Your understanding is correct. Both the used “non-spillable” wet electric storage batteries and the wet electric storage batteries meet the exceptions in § 173.159. Placing both types of batteries in the same outer packaging does not preclude the use of the exceptions in § 173.159.
Scenario 2: Assume the same facts set forth in Scenario 1, except the used wet electric storage batteries, which are not “non-spillable,” are not loaded and transported in a manner that complies with § 173.159(e) (e.g., the transport vehicle carries other materials not shipped by the company that is shipping the batteries).
Answer 2: Your understanding is correct. The “non-spillable” wet electric storage batteries are excepted from the requirements of the HMR in accordance with the exception in § 173.159(d). However, the wet electric storage batteries, which are not “non-spillable,” are not eligible for the exception in § 173.159(e) and must be placed in packagings authorized by § 173.159(b) or (c), and they must be offered and transported
in accordance with all applicable requirements of the HMR (e.g., marking, labeling, shipping papers). Both battery types may be placed in the same outer packaging provided the outer packaging is authorized in § 173.159(b) or (c), and the completed package is properly marked and labeled.
Scenario 3: Assume the same facts set forth in Scenario 1, except some of the used wet electric storage batteries show signs of leakage or potential leakage (e.g., corrosion or damage). The facility individually places any damaged or leaking battery into a strong plastic polyethylene battery shipping bag to prevent any release of battery fluid during transportation. The batteries are then packaged along with the other used wet electric storage batteries as described in Scenario 1.
Answer 3: The undamaged wet electric storage batteries are not subject to the requirements of the HMR. See Answer 1. Damaged batteries are not eligible for the exception in § 173.159(e) if the damage has rendered them incapable of retaining battery fluid inside the outer casing during transportation. However, a damaged battery may be shipped under the exception § 173.159(e) if: (1) it has been drained of battery fluid to eliminate the potential for leakage during transportation; (2) it is repaired and/or packaged in such a manner that leakage of battery fluid is not likely to occur under conditions normally incident to transportation; or, (3) the damaged or leaking battery is transported under the provisions of § 173.3(c). Battery fluid that has leaked from the battery, or that has been drained from the battery prior to transportation must be classed, packaged and described as appropriate for the liquid, and may not be transported in the same transport vehicle as batteries shipped under the exception in § 173.159(e).
I hope this information is helpful. Please contact us if you require additional assistance.
Sincerely,
Edward T. Mazzullo
Director, Office of Hazardous
Materials Standards
173.159
Regulation Sections
| Section | Subject |
|---|---|
| 173.159 | Batteries, wet |