URS Corporation — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Washington, D.C. 20590 400 Seventh St., S.W. Research and Administration Special Programs APR. 12 2004 Mr. Andrew N. Romach URS Corporation Ref. No. 03-0253 1600 Perimeter Park Drive Morrisville, NC 27560 Dear Mr. Romach: This is in response to your letter requesting clarification on the requirements applicable to fuel cell vehicles being transported by aircraft under the Hazardous Material Regulations (HMR; 49 CFR, Parts 171-180). conversation, you stated that the fuel cell components, known In a telephone hazardous materials. as Polymer Electrolyte Membranes (PEM), do not contain flammable gas powered," UN3166 is the most appropriate proper Specifically, you ask whether "Vehicle, and whether three additional scenarios would be excepted from shipping name for three scenarios as presented in your letter, the requirements of the HMR. The scenarios for which you ask whether "Vehicle, flammable name are as gas powered," UN3166 is the most appropriate proper shipping follows: 1. A fuel cell vehicle with the hydrogen storage cylinder and the fuel cell intact. The vehicle contains a wet acid battery or a nonspillable battery. The fuel required by § 173.220 (d) (2). tank and fuel systems are emptied and securely closed as 2. A fuel cell vehicle with the hydrogen storage no residual hydrogen. cylinder removed. The fuel cell is intact, but contains The vehicle contains battery. • a wet acid cylinder and the fuel A fuel cell vehicle with the hydrogen storage a wet acid battery. cell removed. The vehicle contains §173.159(1) 030253 8173.220 (6)€)#

Page 2our understanding of the HMR is correct. The proper shipping appropriate proper shipping for the three scenarios described • "Vehicle, flammable gas powered," UN3166 is the most aircraft only and the applicable provisions and requirements The fuel cell vehicles may be transported by cargo respectively, must be met. in §§ 173.159 and 173.220 for batteries and vehicles, the HMR: You also ask whether the following scenarios are excepted from 1. A fuel cell vehicle with the hydrogen cylinder removed. The vehicle contains a nonspillable battery meeting the requirements of § 173.159 (d) . 2. the fuel cell A fuel cell vehicle with the hydrogen cylinder and removed. The vehicle contains a nonspillable battery meeting the requirements of § 173.159 (d) . cell A fuel cell vehicle with the hydrogen cylinder, and battery removed. fuel are not subject to the requirements of the HMR. The answer is yes. The three scenarios, as described above, I hope this information is helpful. Please contact this office with any additional questions. Sincerely, Hathe z, inthet Hattie I. Mitchell Office of Hazardous Materials Standards Chief, Regulatory Review and Reinvention#

Page 3URS LUKT MU URS meInture August 22, 2003 5173.159 (d) Mr. Ed Mazzullo, Director $113.220 (b) (2) Office of Hazardous Material Standards Research and Special Programs Administration proper shipping U.S. Department of Transportation Name 400 7th Street, SW (DHM-10) FAX: (202) 366-3012 Washington, DC 20590-0001 03-0253 Dear Mr. Mazzullo: I am writing to you to request a writton rogulatory interpretation clarifying which is the most appropriato proper shipping name to use when shipping a hydrogen gas powered fuel cell vehicle powered by air transportation under various scenarios described below: Is "Vehicle (fammable gas powered)" the most appropriate proper shipping name for the following scenarios by air transport? 1. Fuel Cell Vchiclo with the hydrogen storage cylindor intact [fuel tank and fuel system (containing either a wet acid battery or norspillable battery). emptied and securely closed as required by 49 CFR 173.220(b)(2)] and the fuel cell intact 2. Fuel Cell Vehicle with the hydrogen storage cylinder removed but the fuel cell intact (containing a wet acid battery). (The fuel cell would contain no rosidual hydrogen.) 3. Fuel Cell Vehicle with the hydrogen storage cylinder and the fuel cell removed, but containing a wot acid battery. Would the following scenarios be considered not regulated for air transport? {49 CFR 173.166(d) allows vehicles with airbags/seatbelt pretensioners installed in the vehicle to be shipped as not regulated.]: 1. Fuel Cell Vehicle with hydrogen cylinder removed but the fuel cell intact, containing a 2. Fuel Cell Vehicle with hydrogen cylindor and fuel cell removod, containing a nonspillable battery that meets the requiréments of 49 CFR 173.159(d). 3. Fuel Cell Vehicle with hydrogen cylinder, fuel cell, and battery removed. nonspillable battery that meets the requirements of 49 CFR 173.159(d). Thank you for your consideration of this request. ПаНи Andrew N. Romach URS Corporation Corporate Regulatory Manager UR$ Comporation Morrisville, NC 27560 1600 Perimeter Park Drive Tel: 919.461.1220 andy_romach@urscorp.com Fax: 919,461.1371#