Transportation of Non-spillable Batteries

This responds to your January 10 and January 17, 2001 letters and subsequent telephone conversation with Eric Nelson of my staff requesting clarification of the provisions of § 173.159 of the Hazardous Materials Regulations (HMR) applicable to transportation of non-spillable batteries. The HMR are the regulatory requirements contained in Title 49, Subtitle B, Chapter I, Subchapter C, Parts 171-180 of the Code of Federal Regulations (CFR). For the purposes of the HMR, subchapter" means 49 CFR Parts l7l-180. Your questions are paraphrased and answered as follows:

Q1. What is the definition of a non-spillable wet electric storage battery?

Al. A non-spillable electric storage battery is a battery that is capable of passing the vibration and pressure differential tests as provided by § 173.159(d)(3). Non-spillable batteries manufactured after September 30, 1995 must be plainly and durably marked "NON-SPILLABLE" or "NON-SPILLABLE BATTERY."

Q2. Does each non-spillable battery have to pass the vibration and pressure differential tests?

A2. No. A battery must be capable of passing the tests as prescribed by § 173.159(d)(3).
Individual batteries are not required to actually be tested.

Q3. Are batteries transported in accordance with the packaging requirements in § 173.159(d) excepted from all DOT transportation requirements, including those of the Federal Motor Carrier Safety Administration?

A3. No. Compliance with § 173.159(d) excepts non-spillable batteries from the HMR.
Regulations of the Federal Motor Carrier Safety Administration (FMCSA) may still apply. You may contact the FMCSA by writing to:

Federal Motor Carrier Safety Administration
400 7th Street SW
MC-PS
Washington, DC 20590

You may also contact FMCSA via the Internet at http://www.fmcsa.dot.gov or by telephone at (202) 366-4012.

Q4. What is the definition of "securely packaged" as used in § 173.159(d)?

A4. "Securely packaged" means packaged in a manner so that under conditions normally incident to transportation, there is no identifiable release of the contents.

Q5. If a battery is not in compliance with § 173.159(d), is the shipment subject to the full scope of the HMR?

A5. Yes.

Q6. Where can I go for assistance in understanding the requirements of the HMR?

A6. You may contact any RSPA Hazardous Materials Enforcement Office for assistance at the following addresses or telephone numbers:

Eastern Region Southwest Region
820 Bear Tavern Road Suite 306 2320 La Branch Street Suite 2100
West Trenton, NJ 08628 Houston, Texas 77002
(609) 989-2256 (713) 718-3950

Central Region Southern Region
2350 East Devon Avenue, Suite 136 1701 Columbia Avenue Suite 520
Des Plains, Illinois 60018 College Park, Georgia 30337
(847) 294-8590 (404) 305-6120

Western Region Headquarters
3200 Inland Empire Blvd, Suite 230 400 7th Street SW DHM-41
Ontario, California 91764 Washington, DC 20590
(909) 483-5624 (202) 366-4700