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Interpretation Response #04-0173 ([Howrey Simon Arnold & White, LLP] [Ms. Saskia Mooney])

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

Interpretation Response Details

Response Publish Date:

Company Name: Howrey Simon Arnold & White, LLP

Individual Name: Ms. Saskia Mooney

Location State: DC Country: US

View the Interpretation Document

Response text:

Aug 10, 2004


Ms. Saskia Mooney                Reference No. 04-0173
Howrey Simon Arnold & White, LLP
1299 Pennsylvania Ave. NW
Washington, DC 20004

Dear Ms. Mooney:

This is in response to your letter dated July 29, 2004 requesting clarification of the wet battery exception found in § 173.159(e) of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask if 173.159(e) requires the driver of the transport vehicle to be an employee of the shipper.

Shipments of electric storage batteries are excepted from the HMR if the provisions found in § 173.159(e)(1)-(4) are met. The exception in § 173.159(e) is not contingent upon the driver of the transport vehicle being employed by the shipper. Thus, a shipper may utilize the exception even if the driver of the transport vehicle is not employed by the shipper.

I hope this information is helpful. Please contact us if you require additional assistance.



John A. Gale
Chief, Standards Development
Office of Hazardous Materials Standards


Regulation Sections

Section Subject
173.159 Batteries, wet