USA Banner

Official US Government Icon

Official websites use .gov
A .gov website belongs to an official government organization in the United States.

Secure Site Icon

Secure .gov websites use HTTPS
A lock ( ) or https:// means you’ve safely connected to the .gov website. Share sensitive information only on official, secure websites.

U.S. Department of Transportation U.S. Department of Transportation Icon United States Department of Transportation United States Department of Transportation

Interpretation Response #10-0028 ([Total Reclaim, Inc.] [Ms. Peggy Halferty])

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

Interpretation Response Details

Response Publish Date:

Company Name: Total Reclaim, Inc.

Individual Name: Ms. Peggy Halferty

Location State: WA Country: US

View the Interpretation Document

Response text:

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.

Sincerely,

Charles E. Betts

Chief, Standards Development

Office of Hazardous Materials Standards

173.21, 172.101

Regulation Sections

Section Subject
172.101 Purpose and use of hazardous materials table
173.21 Forbidden materials and packages