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Interpretation Response #15-0191 ([Graco, Inc.] [Mr. Eric Lillyblad])

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

Interpretation Response Details

Response Publish Date:

Company Name: Graco, Inc.

Individual Name: Mr. Eric Lillyblad

Location State: MN Country: US

View the Interpretation Document

Response text:

January 13, 2016

Mr. Eric Lillyblad
Environmental Specialist
Graco, Inc.
1112 Sibley Street, NE
Minneapolis, MN 55413

Reference No. 15-0191

Dear Mr. Lillyblad:

This is in response to your September 17, 2015 e-mail requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the transportation of "UN 2794, Batteries, wet, filled with acid, electric storage, 8 (corrosive)," and "UN 2795, Batteries, wet, filled with alkali, electric storage, 8." Specifically, you ask for clarification of what is meant by the phrase "may not be packed with other materials except as provided in § 173.159(g) and (h) and §§ 173.220 and 173.222" as it appears in § 173.159(a). We have paraphrased your questions and answered them in the order provided.

Q1. Does this phrase mean that no other hazardous material can be placed in the same packaging with a wet acid battery except as prescribed in §§ 173.159(g) and (h), and 173.220 and 173.222?

A1. The answer is yes. Section 173.159(a) prohibits any material, hazardous or non-hazardous, from being placed in the same packaging with an electric storage battery that contains electrolyte acid or alkaline corrosive battery fluid unless the materials are packaged as prescribed in that section. It also requires that any battery or battery powered device must be prepared and packaged for transport in a manner that prevents a dangerous evolution of heat and short circuits.

Q2. Does this phrase also mean that no other material, even of a non-hazardous nature (e.g., paper instruction manual, pair of gloves, metal wrench, or other "non-hazardous" material) can be in the same packaging with a wet acid battery?

A2. The answer is yes, unless otherwise excepted under the HMR. For example, the HMR excepts electric storage batteries containing electrolyte or corrosive battery fluid from regulation when transported by highway or rail in conformance with § 173.159(e).

I hope this satisfies your request.



T. Glenn Foster
Chief, Regulatory Review and Reinvention
Standards and Rulemaking Division

173.159(g)(h), 173.220, 173.222, 173.159(a), 173.159(e)

Regulation Sections

Section Subject
172.201 Preparation and retention of shipping papers
173.159 Batteries, wet
173.220 Internal combustion engines, vehicles, machinery containing internal combustion engines, battery-powered equipment or machinery, fuel cell-powered equipment or machinery
173.222 Dangerous goods in equipment, machinery or apparatus