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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 #09-0295 ([Fanwood"Scotch Plains Recycling Association] [Mr. Harold R. Clark])

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

Interpretation Response Details

Response Publish Date:

Company Name: Fanwood"Scotch Plains Recycling Association

Individual Name: Mr. Harold R. Clark

Location State: NJ Country: US

View the Interpretation Document

Response text:

January 8, 2010



Mr. Harold R. Clark


Fanwood"Scotch Plains Recycling Association

216 Second Street

Fanwood, NJ 07023

Ref. No. 09-0295

Dear Mr. Clark:

This responds to your November 23, 2009 letter requesting clarification of the applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to the transport of discarded household batteries. DOT has issued several letters including a letter issued on June 23, 2009 (Ref. No. 09-0090) and August 13, 2009 (Ref. No. 09-0150), in which we provide interpretation on the applicability of the HMR to the transportation of various types and sizes of used dry cell batteries. We have since revised those interpretations (see Ref. No. 09-0090R and Ref. No. 09-0150R).

After further consideration and analysis of dry battery chemistries and sizes and based on information available to us, it is the opinion of this Office that used or spent dry, sealed batteries of both non-rechargeable and rechargeable designs, described as "Batteries, dry, sealed, n.o.s." in the Hazardous Materials Table in § 172.101 of the HMR and not specifically covered by another proper shipping name, with a marked rating up to 9-volt are not likely to generate a dangerous quantity of heat, short circuit, or create sparks in transportation. Therefore, used or spent batteries of the type "Batteries, dry, sealed, n.o.s." with a marked rating of 9-volt or less that are combined in the same package and transported by highway or rail for recycling, reconditioning, or disposal are not subject to the HMR. Note that batteries utilizing different chemistries (i.e., those battery chemistries specifically covered by another proper shipping name) as well as dry, sealed batteries with a marked rating greater than 9-volt may not be combined with used or spent batteries of the type "Batteries, dry, sealed, n.o.s." in the same package. Note also, that the clarification provided in this letter does not apply to batteries that have been reconditioned for reuse.

I hope this answers your inquiry. If you have further questions, please do not hesitate to contact this office.


Charles E. Betts

Chief, Standards Development

Office of Hazardous Materials Standards


Regulation Sections

Section Subject
172.101 Purpose and use of hazardous materials table