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Interpretation Response #02-0184 ([Innergy Power Corporation] [Darrell Musick])

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

Interpretation Response Details

Response Publish Date:

Company Name: Innergy Power Corporation

Individual Name: Darrell Musick

Location State: CA Country: US

View the Interpretation Document

Response text:

Aug 29, 2002

Mr. Darrell Musick                 Reference  No. 02-0184
Innergy Power Corporation
940 Disc Drive
Scotts Valley, CA 95066

Dear Mr. Musick:

This responds to your June 21, 2002 letter requesting an updated letter concerning the transportation of sealed lead acid rechargeable batteries under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180).  Specifically, you request that we provide you with an updated clarification on whether your sealed lead acid rechargeable batteries are nonspillable and excepted from the requirements of the HMR.

A nonspillable wet electric storage battery is excepted from requirements of the HMR if the batteries are capable of successfully passing the vibration and pressure differential tests in § 173.159(d)(3). In addition, the batteries must be protected against short circuits and securely packaged to withstand conditions normal to transportation, and, the package must be marked "Nonspillable" or "Nonspillable Battery" in accordance with § 173.159(d)(1)(2). Similar test criteria are contained in the International Civil Aviation Organization's (ICAO) Technical Instructions for international transportation by air.  Special provision A67 of the ICAO Technical Instructions requires that a temperature of 55 degrees C. be used to determine whether the electrolyte will flow from a ruptured or cracked case.  Batteries meeting the nonspillable criteria and special provision A67 are not regulated by air.  The International Maritime Dangerous Goods (IMDG) Code, for international transportation by water, contains similar criteria for nonspillable batteries.  However, batteries meeting the nonspillable criteria in which the electrolyte will not flow at 55 degrees C. are still subject to certain marking and stowage requirements under the IMDG Code.

You state that the manufacturing process and your product has not changed.  Therefore, our April 1993 letter of clarification remains valid.  Your batteries that meet the "nonspillable" provisions in § 173.159(d), when securely packaged and protected against short circuits, are not subject to the requirements of the HMR.

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