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Interpretation Response #00-0047 ([Trojan Battery Company] [Ms. Diane H. Kennedy, R.E.H.S.])

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

Interpretation Response Details

Response Publish Date:

Company Name: Trojan Battery Company

Individual Name: Ms. Diane H. Kennedy, R.E.H.S.

Location State: CA Country: US

View the Interpretation Document

Response text:

April 18, 2000

Ms. Diane H. Kennedy, R.E.H.S.                Ref. No. 00-0047
Director, Safety and Environmental Affairs
Trojan Battery Company
12380 Clark Street
Santa Fe Springs, California 90670-3804

Dear Ms. Kennedy:

This is in response to your letter dated February 1, 2000, requesting clarification on the shipment of electric storage batteries under the Hazardous Materials Regulations (HMR; 49 CFR 171-180).  Specifically, you are requesting clarification on the use of the exception in § 173.159(e).

According to your letter, it is your understanding that this exception must be used in its entirety or not at all.  You state as an example, labeling a pallet of batteries is in violation of the HMR when using this exception, and that all requirements, such as shipping papers, marking, labeling, placarding now apply.  Another example you give, if shipping papers are supplied, but the pallet of batteries is not labeled, this is a violation.

Partial use of this exception is permissible.  Therefore, labeling a pallet of batteries or placarding a transport vehicle when using this exception is not a violation of the HMR.  If a shipping paper is used under this exception, it must be in compliance with the HMR.  However, we do not recommend partial use of this exception because it can create confusion in the enforcement or emergency response community that may result in issuance of a ticket and frustration of your shipment.

Your understanding of § 173.159(e)(4) as stated in your letter is not correct.  The transport vehicle may not carry material shipped by any person other than the shipper of  the batteries.  In reference to your example, it is permissible to use this exception after delivering all the batteries on the motor vehicle to one customer and then picking up waste batteries from a customer (one customer only).

I hope this answers your inquiry.


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


Regulation Sections

Section Subject
173.159 Batteries, wet