Interpretation Response #14-0003 ([Wiley Rein LLP] [Mr. George Kerchner])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Wiley Rein LLP
Individual Name: Mr. George Kerchner
Location State: DC Country: US
View the Interpretation Document
Response text:
March 6, 2014
Mr. George Kerchner
Senior Regulatory Analyst
Wiley Rein LLP
1776 K Street, NW
Washington, DC 20006
Ref. No. 14-0003
Dear Mr. Kerchner:
This responds to your January 6, 2014 email regarding the exception for wet electric storage batteries specified in the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) in § 173.159(e). Specifically you ask if a carrier can utilize the exception for electric storage batteries in § 173.159 when the transport vehicle also contains, lithium batteries prepared in accordance with § 172.102(c), special provisions 188 of 189 or nickel metal hydride batteries prepared in accordance with § 172.102(c), special provision 130.
The answer is no. One of the conditions specified in § 173.159(e) states that no other hazardous materials may be transported in the same vehicle. The definition of a hazardous material does not exclude materials that meet one or more of the defining criteria but are being transported under exceptions. Therefore, if the transport vehicle contains any other hazardous materials, even those excepted from all or part of the HMR (e.g., lithium batteries prepared in accordance with special provisions, limited quantities, materials of trade etc.), the exception in § 173.159(e) does not apply.
I hope this information is helpful. If you have further questions, please contact this office.
Sincerely,
Duane Pfund
International Standards Coordinator
Office of Hazardous Materials Standards
172.102(c) SP 130, 173.159
Regulation Sections
| Section | Subject |
|---|---|
| 173.159 | Batteries, wet |
| 173.185 | Lithium cells and batteries |