Classification of Batteries
Pipeline and Hazardous Materials Safety Administration · Jun 25, 2008 · Reference No. 08-0145
Interprets: 49 CFR § 172.102
Reggie’s quick take
A battery maker asked whether nickel cadmium batteries can be classed as "Batteries, dry," the same way nickel-metal hydride batteries are. The agency said yes. Under § 172.102, Special Provision 130, the batteries must be securely packaged so they cannot produce dangerous heat, and they must be protected against short circuits. If they meet those conditions, no other HMR requirements apply to them.
Written by AI (Claude) on Oct 22, 2026. Robots make mistakes and leave things out, so the letter below is what counts. Not legal advice.
This is in response to your May 23, 2008 letter regarding the applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to nickel cadmium batteries. You ask whether these batteries should be classed as "Batteries, dry" (similar to nickel-metal hydride batteries) under the HMR and offered for transportation and transported in accordance with § 172.102, Special provision 130.
The answer is yes. Provided your batteries are securely packaged and offered for transportation in a manner that prevents the dangerous evolution of heat and protects against short circuits, as provided in Special Provision 130, they are not subject to any other requirements of the HMR.
A letter of interpretation applies the regulations to the facts the requester described. It isn’t a regulation and isn’t legal advice. The agency’s copy.