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Interpretation Response #01-0205 ([Nefab, Inc.] [Mr.Thomas D. Kusek])

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

Interpretation Response Details

Response Publish Date:

Company Name: Nefab, Inc.

Individual Name: Mr.Thomas D. Kusek

Location State: MI Country: US

View the Interpretation Document

Response text:

October 26, 2001


Mr.Thomas D. Kusek                               Reference No. 01-0205
Nefab, Inc.
2643 5 Springland Drive
Farmington Hills, MI 48334

Dear Mr. Kusek:

This responds to your August 9, 2001 letter requesting clarification on § 173.159(c)(1) of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180).  Specifically, you ask whether you may ship alkali batteries under the provisions of § 173.159(c)(1) via rail, highway or vessel.

According to your letter, you are shipping 16 individual alkali batteries in a bag with molded foam pads in place between and on top of the batteries packed in a wooden package which weighs less than 800 pounds.  The molded foam pads protect the terminals as well as prevent any void space in the package.  It is your understanding that provisions in § 173.159(c)(1) allow you to ship these batteries by rail, highway, or vessel within the United States as long as your package can pass a compression test of two times the weight of the package with the batteries, or 1600 pounds.  Provided all provisions in § 173.159(c)(1) are met, your understanding is correct.

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