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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 #22-0006

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

Interpretation Response Details

Response Publish Date:

Company Name: Daniels Training Services Inc.

Individual Name: Mr. Daniel Stoehr

Location State: IL Country: US

View the Interpretation Document

Response text:

July 26, 2022

Mr. Daniel Stoehr
Daniels Training Services Inc.
PO Box 1232
Freeport, IL  61032

Reference No. 22-0006

Dear Mr. Stoehr:

This letter is in response to your January 22, 2022, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to damaged wet electric storage batteries. Specifically, you ask whether § 173.159(k)(1)(iii) requires that offerors using salvage packaging to transport damaged wet batteries must follow the entirety of § 173.3(c) or only the packaging provisions specified in § 173.3(c).

Section 173.159(k) requires damaged batteries incapable of retaining battery fluid inside the outer casing during transportation by highway or rail to be prepared under one or more of the conditions specified in § 173.159(k)(1).  Section § 173.159(k)(1)(iii) requires an offeror to "pack the battery in a salvage packaging in accordance with the provisions of § 173.3(c)." Therefore, when utilizing this option, all of the provisions of § 173.3(c) must be met.

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


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

173.159(k), 173.159(k)(1), 173.159(k)(1)(iii), 173.3(c)

Regulation Sections

Section Subject
173.159 Batteries, wet
173.3 Packaging and exceptions