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Interpretation Response #06-0230 ([Wiley Rein & Fielding LLP] [Mr. George A. 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: Wiley Rein & Fielding LLP

Individual Name: Mr. George A. Kerchner

Location State: DC Country: US

View the Interpretation Document

Response text:

Oct 25, 2006


Mr. George A. Kerchner                 Reference No. 06-0230
Wiley Rein & Fielding LLP
1776 K Street, NW
Washington, DC 20006

Dear Mr. Kerchner:

This is in response to your October 2, 2006 letter 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). In your letter you describe the following scenario:

  • A dry battery (i.e., a lead acid battery that has not yet been filled with acid) is packaged in a fiberboard box that is marked and labeled for a corrosive material.
  • A bottle containing battery fluid, acid (UN2796) renamed “Consumer commodity” and reclassed “ORM-D” in accordance with § 173.154(b) and (c) and is packaged in a 4G fiberboard box that is properly marked in accordance with § 172.312 and 172.316.
  • These two packages are overpacked in a larger fiberboard box that is marked with orientation arrows and “Consumer commodity, ORM-D.”

Specifically, you ask if the package containing the dry battery, which is a non-hazardous material, may remain marked and labeled as a corrosive material if it is overpacked in a way that the corrosive markings and labels are not visible during transportation.

The answer is yes, provided the packaging containing the dry battery is transported in such a manner that the markings and label are not visible during transportation (e.g., overpacked in a larger fiberboard box), and is loaded by the shipper and unloaded by the shipper or consignee (see § 172.303(b) and 172.401(d)).

I hope this information is helpful. If you have further questions, please do



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

173.159(e), 173.303(b), 172.401(d)

Regulation Sections

Section Subject
172.401 Prohibited labeling
173.159 Batteries, wet
173.303 Charging of cylinders with compressed gas in solution (acetylene).