Interpretation Response #10-0028
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
April 14, 2010
Ms. Peggy Halferty, P.E.
Environmental Health and Safety Manager
Total Reclaim, Inc.
2200 6th Avenue south
Seattle, WA 98134
Ref. No. 10-0028
Dear Ms. Halferty:
This responds to your February 4, 2010 request for clarification on shipment of batteries under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask that PHMSA consider the extension of the battery terminal insulation determinations, as stated in interpretation Ref. No. 09-0219, to domestic shipments by barge.
Under §173.21(c), the HMR prohibit the transportation of electrical devices that are likely to create sparks or generate a dangerous quantity of heat, unless the devices are packaged in a manner that precludes such an occurrence. However, as indicated in interpretation Ref. No. 09-0219, it is the opinion of this Office that used or spent 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, rail and also by barge or vessel 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 information is helpful. If you need further assistance, please contact this Office.
Charles E. Betts
Chief, Standards Development
Office of Hazardous Materials Standards
|§ 172.101||Purpose and use of hazardous materials table|