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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 #07-0138 ([HAZ-MAT Transportation Services] [Mr. Jack Peters])

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

Interpretation Response Details

Response Publish Date:

Company Name: HAZ-MAT Transportation Services

Individual Name: Mr. Jack Peters

Location State: WA Country: US

View the Interpretation Document

Response text:

July 20, 2007

Mr. Jack Peters                Reference No. 07-0138

HAZ-MAT Transportation Services

P.O. Box 69206

Seattle, WA 98168

Dear Mr. Peters:

This is in response to your July 9, 2007 letter regarding packaging requirements for batteries under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask if it is permissible to transport "Batteries, wet, filled with acid, 8, UN 2794, PG III," "Battery fluid, acid, 8, UN 2796, PG II," and batteries that have yet to be filled with acid on the same palette.

The answer is yes. Wet electric storage batteries that are packaged in accordance with § 173.1 59(c)(1) may be placed inside a larger package or affixed to a palette that also contains other compatible hazardous and non-hazardous materials. This shipping configuration is referred to as an overpack, as defined in § 171.8. It requires the battery to be packaged in accordance with § 173.l59(c)(1), the battery acid in accordance with § 173.159(g), and the overpack in accordance with the requirements specified in § 173.25. The overpack must be marked and labeled for each hazardous material contained therein unless markings and labels representative of each hazardous material in the overpack are visible.

You should also be aware that when packaged and overpacked as described in your letter, the exception in § 173.159(e) does not apply to electric storage batteries. 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 § 73.159(e)(1) 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.

I hope this information is helpful. If you have further questions, please do not hesitate to contact this office.


Hattie L. Mitchell

Chief, Regulatory Review and Reinvention

Office of Hazardous Materials Standards

173.159(e), 173.25

Regulation Sections

Section Subject
173.159 Batteries, wet
173.25 Authorized packagings and overpacks