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U.S. Department of Transportation U.S. Department of Transportation Icon United States Department of Transportation United States Department of Transportation

Interpretation Response #06-0031 ([Mr. John Ramsey])

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

Interpretation Response Details

Response Publish Date:

Company Name:

Individual Name: Mr. John Ramsey

Location State: DC Country: US

View the Interpretation Document

Response text:

May 23, 2006

Mr. John Ramsey                     
Reference No. 06-0031
15170 Tomahawk
Yukon, OK 73099

Dear Mr. Ramsey:

This is in response to your February 6, 2006 letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 100-180). Specifically, you ask if a person may use the exception in § 173.159(e) for damaged electric storage batteries placed within a compatible leakproof container.

Damaged wet electric storage batteries are not eligible for the exception in § 173.159(e) if the damage has rendered them incapable of retaining battery fluid inside the outer casing during transportation. However, a damaged battery may be shipped under the exception § 173.159(e) if: (1) it has been drained of battery fluid to eliminate the potential for leakage during transportation; (2) it is repaired and/or packaged in such a manner that leakage of battery fluid is not likely to occur under conditions normally incident to transportation; or, (3) the damaged or leaking battery is transported under the Provisions of § 173.3(c). Battery fluid that has leaked from the battery, or that has been drained from the battery prior to transportation must be classed, packaged and described as appropriate for the liquid, and may not be transported in the same transport vehicle as batteries shipped under the exception in § 173.159(e).

I hope this information is helpful. Please cont 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