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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.


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