{"operation":"document","citation":"06-0031","title":"Mr. John Ramsey — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2006-05-23","effective_on":null,"summary":"06-0031 concerning 173.159.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0031.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0031.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0031","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2006/060031.pdf","body":"<<<PAGE 1>>>\n\n400 Seventh Street, S.W.\nWashington, D.C. 20590\nHazardous Materials Safety\nPipeline and\nAdministration\nMAY 23 2006\n15170 Tomahawk\nMr. John Ramsey\nReference No.: 06-0031\nYukon, OK 73099\nDear Mr. Ramsey:\nThis is in response to your February 6, 2006 letter requesting clarification of the\na person may use the exception in § 173.159(e) for damaged electric storage batteries\nHazardous Materials Regulations (HMR; 49 CFR Parts 100-180). Specifically, you ask if\nplaced within a compatible leakproof container.\nDamaged wet electric storage batteries are not eligible for the exception in § 173.159(e)\nif the damage has rendered them incapable of retaining battery fluid inside the outer\nasing during transportation. However, a damaged battery may be shipped under the\nexception § 173.159(e) if: (1) it has been drained of battery fluid to eliminate the\npotential for leakage during transportation; (2) it is repaired and/or packaged in such a\nincident to transportation; or, (3) the damaged or leaking battery is transported under the\nmanner that leakage of battery fluid is not likely to occur under conditions normally\ndrained from the battery prior to transportation must be classed, packaged and described\nprovisions of § 173.3(c). Battery fluid that has leaked from the battery, or that has been\nas appropriate for the liquid, and may not be transported in the same transport vehicle as\nbatteries shipped under the exception in § 173.159(e).\nI hope this information is helpful. Please contact us if you require additional assistance.\nSincerely,\n/Chier, Standad Dis elanient\nOffice of Hazardous Materials Standards\n173.159 (e)\n060031\n\n<<<PAGE 2>>>\n\nPage 1 of 1\nINFOCNTR <PHMSA>\nhearu\nFrom:\nIbmac@peoplepc.com\n$173. (e)\nSent:\nMonday, February 06, 2006 4:12 PM\nTo:\nINFOCNTR <PHMSA>\nBatteries\nSubject: Batteries\n00 - 0031\nI called the information center and spoke to, I believe it was Jessica, and asked a question. The question dealt\nleak proof container such as a plastic box and ship it under 173.159(e). (All other requirements of 173.159(e)\nwith the battery exception in 173.159(e). I asked if a person found a leaking battery could they put the battery in a\ncalled John Gail and asked if the information i got was correct. He confirmed that there would be no violation to\nwould be met) I was told that it would not be a violation to ship a leaking battery as described above. I later\nship a leaking battery in a compatible, leak proof container. The person 1 was getting the clarification for wanted it\nconfirmed in writing. Would it be possible for your office to confirm the above in writing. Either by e-mail or letter.\nMy e-mail address is ramsey576@peoplepc.com. My phone number is 405-255-0312. My mailing address is\nJohn Ramsey, 15170 Tomahawk, Yukon, Ok. 73099\nJohn Ramsey\n2/7/2006","truncated":false,"body_characters":2805}