Mr. John Ramsey — Hazardous Materials Safety Interpretation

Page 1400 Seventh Street, S.W. Washington, D.C. 20590 Hazardous Materials Safety Pipeline and Administration MAY 23 2006 15170 Tomahawk Mr. John Ramsey Reference No.: 06-0031 Yukon, OK 73099 Dear Mr. Ramsey: This is in response to your February 6, 2006 letter requesting clarification of the a person may use the exception in § 173.159(e) for damaged electric storage batteries Hazardous Materials Regulations (HMR; 49 CFR Parts 100-180). Specifically, you ask if placed within a compatible leakproof container. Damaged wet electric storage batteries are not eligible for the exception in § 173.159(e) if the damage has rendered them incapable of retaining battery fluid inside the outer asing during transportation. However, a damaged battery may be shipped under the exception § 173.159(e) if: (1) it has been drained of battery fluid to eliminate the potential for leakage during transportation; (2) it is repaired and/or packaged in such a incident to transportation; or, (3) the damaged or leaking battery is transported under the manner that leakage of battery fluid is not likely to occur under conditions normally drained from the battery prior to transportation must be classed, packaged and described provisions of § 173.3(c). Battery fluid that has leaked from the battery, or that has been as appropriate for the liquid, and may not be transported in the same transport vehicle as batteries shipped under the exception in § 173.159(e). I hope this information is helpful. Please contact us if you require additional assistance. Sincerely, /Chier, Standad Dis elanient Office of Hazardous Materials Standards 173.159 (e) 060031#

Page 2Page 1 of 1 INFOCNTR <PHMSA> hearu From: Ibmac@peoplepc.com $173. (e) Sent: Monday, February 06, 2006 4:12 PM To: INFOCNTR <PHMSA> Batteries Subject: Batteries 00 - 0031 I called the information center and spoke to, I believe it was Jessica, and asked a question. The question dealt leak proof container such as a plastic box and ship it under 173.159(e). (All other requirements of 173.159(e) with the battery exception in 173.159(e). I asked if a person found a leaking battery could they put the battery in a called John Gail and asked if the information i got was correct. He confirmed that there would be no violation to would be met) I was told that it would not be a violation to ship a leaking battery as described above. I later ship a leaking battery in a compatible, leak proof container. The person 1 was getting the clarification for wanted it confirmed in writing. Would it be possible for your office to confirm the above in writing. Either by e-mail or letter. My e-mail address is ramsey576@peoplepc.com. My phone number is 405-255-0312. My mailing address is John Ramsey, 15170 Tomahawk, Yukon, Ok. 73099 John Ramsey 2/7/2006#