Interpretation Response #02-0231 ([Dassault Falcon] [John Ross])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Dassault Falcon
Individual Name: John Ross
Location State: AR Country: US
View the Interpretation Document
Response text:
Nov 8, 2002
Mr. John Ross Reference No.02-0231
Dassault Falcon
P.O. Box 967
Little Rock, AR 72076
Dear Mr. Ross
This is in response to your e-mail dated September 12, 2002, and subsequent telephone conversation with Sandra Webb of our staff regarding the transportation of dry cell batteries under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you
ask whether nickel cadmium batteries, are subject to be HMR, in particular when transported by aircraft.
The answer is no, provided certain conditions are met. In the Hazardous Materials Table,
§ 172.101 the entry "Batteries dry not subject to the requirements of this subchapter" references Special provision 130. This provision 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.
Sincerely,
Delmer F. Billings
Chief, Standards Development
Office of Hazardous Materials Standards
175.10
Regulation Sections
| Section | Subject |
|---|---|
| 175.10 | Exceptions for passengers, crewmembers, and air operators |