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Interpretation Response #00-0116 ([CBS News] [Mr. Huxley Galbraith])

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

Interpretation Response Details

Response Publish Date:

Company Name: CBS News

Individual Name: Mr. Huxley Galbraith

Location State: NY Country: US

View the Interpretation Document

Response text:

June 13, 2000

Mr. Huxley Galbraith                Ref. No. 00-0016
Camera Department
CBS News
524 West 57th Street
New York, NY 100 1 9

Dear Mr. Galbraith:

This is in response to your letter dated April 19, 2000, and subsequent telephone conversation with Eric Nelson of our staff regarding the transportation of dry cell camera batteries under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180).  Specifically, you ask whether nickel cadmium and nickel metal hydride camera batteries are subject to the HMR in particular when transported by aircraft.

The answer is no.  Special provision 130 in §172,102 excepts "Batteries, dry, not subject to the requirements of this subchapter"  from regulation when they are offered for transportation in a manner, that prevents the dangerous evolution of heat (for example, by effective insulation of exposed terminals).

The HMR contains an overriding provision in §173.21, Forbidden materials and packages.  Materials forbidden by §173.21 may not be offered for transportation, or transported in commerce.  This section extends the forbidden designation beyond materials specifically identified in the Hazardous Materials Table or elsewhere in the HMR, to various additional general categories including electrical devices which are likely to create sparks or generate a dangerous quantity of heat, unless packaged in a manner which precludes such an occurrence.

Any electrical device, even one not otherwise subject to the HMR (either by specific exception from the HMR, or because the device and its power source contains no material meeting the definition of a hazardous material), is forbidden from being offered for transportation, or transported, if the device is likely to produce sparks or a dangerous quantity of heat.

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