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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 #09-0108 ([Environmental Outsource, Inc.] [Mr. Andy Coyne])

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

Interpretation Response Details

Response Publish Date:

Company Name: Environmental Outsource, Inc.

Individual Name: Mr. Andy Coyne

Location State: CA Country: US

View the Interpretation Document

Response text:

June 29, 2009




Mr. Andy Coyne

Environmental Outsource, Inc.

6055 East Washington Blvd., Suite 360

Los Angeles, CA 90040

Ref. No.: 09-0108

Dear Mr. Coyne,

This in response to your May 5, 2009 letter regarding the exception for nonspillable wet electric storage batteries specified in the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) in §173.159(e). Your questions are paraphrased as follows:

Q1: If a carrier ships ORM-D on the same vehicle as the batteries, can it still take advantage of the exception in §173.159(e) ?

A1: No. In accordance with § 173.159(e), electric storage batteries containing electrolyte or corrosive battery fluid are excepted from the HMR when transported by highway and rail provided no other hazardous materials are transported on the same vehicle.

Q2: If a carrier ships non-hazardous materials on the same vehicle as the batteries, may it still take advantage of the exception in § 173.159(e)?

A2: Yes. The non-hazardous material must be blocked, braced, or otherwise secured to prevent contact with or damage to the batteries. Moreover, the transport vehicle may not carry material shipped by any person other than the shipper of the batteries.

Q3: Must non-hazardous materials (e.g. boxes of gloves) transported on the same vehicle be blocked and braced as stated in §173.159(e)(3)?

A3: Yes. See A2 above.

I hope this information is helpful. Please contact this office should you have additional questions.


Hattie L. Mitchell,

Chief, Regulatory Review and Reinvention

Office of Hazardous Materials Standards


Regulation Sections

Section Subject
173.159 Batteries, wet