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Interpretation Response #04-0150 ([The CapAnalysis Group, LLC] [Mr. George Kerchner])

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

Interpretation Response Details

Response Publish Date:

Company Name: The CapAnalysis Group, LLC

Individual Name: Mr. George Kerchner

Location State: DC Country: US

View the Interpretation Document

Response text:

Jul 9, 2004


Mr. George Kerchner                 Reference No.: 04-0150
Manager-Environmental & Transportation
The CapAnalysis Group, LLC
1299 Pennsylvania Ave., NW
Washington, DC 2004-2402

Dear Mr. Kerchner:

This responds to your e-mail and our subsequent meeting with you and representatives from the battery industry concerning the transportation of “Battery fluid, acid, 8, UN 2796, PG II” with dry (new, empty) batteries under the Hazardous Materials Regulations (HMR; 49 CFR parts 171- 180).

Your questions are paraphrased and answered below:

Q1. May “Battery fluid, acid, 8, UN 2796, PG II” be offered as a limited quantity when packed in a combination packaging conforming to the PG II performance requirements and further overpacked (including shrink-wrapped) with a dry battery in accordance with § 173.25?

Al. The answer is yes, provided the limited quantity provisions in § 173.154 are met. Section 173.1 54(b)(i) limits the net capacity in each inner packaging to a maximum of 1 L (0.3 gal) for Class 8, PG II liquids. The limited quantity package may be overpacked, including shrink wrapped, with the dry battery in accordance with the provisions in § 173.25. Limited quantity shipments are excepted from specification packaging when packaged in a combination packaging according to § 173.154.

A limited quantity which conforms to the provisions of § 173.154(b) and is a “consumer commodity” as defined in §171.8 may be renamed “Consumer commodity” and reclassed as “ORM-D”. The Consumer commodity package containing the battery fluid, acid may be overpacked with the dry battery in accordance with § 173.25. Under the limited quantity and the consumer commodity provisions, the battery fluid and the dry battery may not be packaged together in the same outer combination packaging.

Should the battery fluid and the dry battery be packaged together in the same outer combination package, the provisions of § 173.159 (g) or (h) apply. See Special provision N6.

Q2. Regarding the sample brown 4G fiberboard box imprinted with the Class 8 (corrosive) label, is the label in conformance with the HMR?

A2. The answer is no. The background of a Class 8 label is required to be white in the top half and black in the lower half “White” as defined by the American College Dictionary is an achromatic color of maximum lightness; as new snow. Further alterations to the symbol, such as the speckles shown on the hand depicted on the label, are not authorized. See § 172.407(b)(1).

Q3. Is it permissible to transport “Batteries, wet, filled with acid, 8, UN 2794, PG III” and “Battery fluid, acid, 8, UN 2796, PG II” on the same transport vehicle under the provisions in 173.159(e)?

A3. The answer is no. Electric storage batteries containing electrolyte or corrosive battery fluid are excepted from the HMR when transported in accordance with the provisions specified in § 173.159(e). The condition specified in § 173.1 59(e)(l) states that no other hazardous materials may be transported on the same vehicle. Therefore, with the exception of the batteries, no hazardous materials, including corrosive battery fluid, may be transported on the vehicle.

Q4. Section 178.601(g) describes selective testing of packagings that differ only in minor respects from the tested packaging. If we have a tested combination package, can we reduce the size or the number of the inner packagings in accordance with Variation 1 without further testing? Similarly, if we have a tested combination package, can we reduce the size of the external packaging in accordance with Variation 4 without further testing?

A4. The answer to both questions is yes. As provided by § 178.601(g)(1), variations are permitted in the inner and outer packagings without further testing, provided an equivalent level of performance is maintained. Variation 1 may be applied to allow the substitution of smaller inner containers of similar design and Variation 4 to allow a reduction in the external dimensions of a tested outer container. The new package cannot exceed the gross weight (combined weight of package and contents) of the originally tested package design.

I trust this satisfies your request. If we can be of further assistance, please do not hesitate to contact me.




Hattie L. Mitchell
Chief, Regulatory Review and Reinvention
Office of Hazardous Materials Standards

173.159,  173.154

Regulation Sections

Section Subject
173.154 Exceptions for Class 8 (corrosive materials)
173.159 Batteries, wet