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U.S. Department of Transportation U.S. Department of Transportation Icon United States Department of Transportation United States Department of Transportation

Interpretation Response #00-0026 ([Mr. Richard L. Walters])

Below is the interpretation response detail and a list of regulations sections applicable to this response.

Interpretation Response Details

Response Publish Date:

Company Name:

Individual Name: Mr. Richard L. Walters

Location State: CA Country: US

View the Interpretation Document

Response text:

April 20, 2000

Mr. Richard L. Walters               Ref. No. 00-0026
HSC Packaging Engineer
P.O. Box 92919 Bldg.
Los Angeles, CA 90009

Dear Mr. Walters:

This is in response to your letter dated January 18, 2000, and subsequent telephone conversation with Mr. Eric Nelson of my staff regarding the classing of batteries you identified as nickel-hydrogen batteries under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180).

You stated that your battery uses aqueous potassium hydroxide as the electrolyte and is shipped with no free electrolyte that can spill, and contains no hydrogen.  You also state that the battery is fully discharged and shorted across both terminals when in transportation and passes the vibration and pressure differential test requirements of § 173.159(d)(3). Based on the information you provided, it is the opinion of  this Office that your batteries in the above configuration are not regulated by the HMR provided they are marked "NONSPILLABLE" or  "NONSPILLABLE BATTERY" and are securely packaged.

I hope this satisfies your request.


Delmer F. Billings
Chief, Standards Development
Office of Hazardous Materials Standards


Regulation Sections

Section Subject
173.159 Batteries, wet