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

Interpretation Response #18-0051

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

Interpretation Response Details

Response Publish Date:

Company Name: Florida Power and Light Company

Individual Name: Frank Nesbihal

Location State: FL Country: US

View the Interpretation Document

Response text:

August 14, 2018

Frank Nesbihal
Principal Environmental Engineer
Florida Power and Light Company
700 Universe Boulevard
Juno Beach, FL 33408

Reference No. 18-0051

Dear Mr. Nesbihal:

This letter is in response to your April 2, 2018, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to packaging requirements for used non-spillable and dry, sealed batteries.

You describe the following scenario:

  • You ship used non spillable batteries and used dry, sealed batteries by ground in separate packages from company facilities to the company's central accumulation center.
  • Prior to transportation, all the terminals on both types of batteries are protected to prevent short circuits and the evolution of heat.
  • The non-spillable batteries meet the conditions of § 173.159a.
  • The dry, sealed batteries meet the conditions of § 172.102(c)(1) Special Provision 130.

Specifically, you ask whether you can combine the used non spillable batteries and used dry, sealed batteries as described above in the same package for the purpose of transportation for recycling.

The answer is yes. Provided the non-spillable batteries are properly prepared for transportation and the package is marked in accordance with § 173.159a, they are not otherwise subject to the HMR except for incident reporting. Similarly, dry, sealed batteries that are prepared in accordance with § 172.102(c)(1) Special Provision 130(b) are not subject to any additional requirements of the HMR for ground transportation except incident reporting. A package may contain both used non spillable batteries and used dry, sealed batteries if all the batteries are prepared and packaged in a manner to prevent short circuits, dangerous evolution of heat, and damage to terminals.

Please note that if the used dry, sealed batteries are not protected from dangerous evolution of heat, short circuits, and damage to terminals under § 172.102(c)(1) Special Provision 130(d), they may not be shipped in the same outer package as the used non spillable batteries.

I hope this information is helpful. Please contact us if we can be of further assistance.


Dirk Der Kinderen
Chief, Standards Development Branch
Standards and Rulemaking Division

173.159a, 172.102(c)(1),

Regulation Sections

Section Subject
172.102 Special provisions
173.159a Exceptions for non-spillable batteries