Shindaiwa, Inc. — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department Washington, D.C. 20590 400 Seventh Street, S.W. Pipeline and Administration Hazardous Materials Safety NOV 30 2005 Mr. Dennis Stauch Ref. No.: 05-0281 Vice President of Engineering and Manufacturing Shindaiwa, Inc. Tualatin, OR 97062 11975 S. W. Herman Road Dear Mr. Stauch: This is in response to your letter and subsequent telephone conversation with Ben Supko of my staff concerning the regulation of outdoor power equipment containing two and four cycle single cylinder internal combustion engines under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). You state that before these products are shipped, they are tested by starting the engines using a fuel line directly inserted into the carburetor, bypassing the fuel tank. After confirmation that the engine is operating properly, the fuel line is disconnected and the engine runs until all the fuel is consumed and the engine stops. You indicate that this method of emptying and purging the fuel system meets the requirements in § 173.220(a)(1). An engine may be considered empty if the fuel tank, lines, and engine components have been drained, sufficiently cleaned of residue, and purged of vapors to remove any potential hazard. While it is the responsibility of the shipper to properly classify their materials for transportation, it is the opinion of this Office that the methods you employ sufficiently clean and purge the engines and remove any potential hazards, thus meeting the requirements in § 173.220(a)(1) to be considered empty. I hope this satisfies your request. Sincerely, Office of Hazardous Materials Standards 173:220 (a)(2) 050281#

Page 2Nov. 3. 2005 8: 38AM Shindaiwa No. 2758 P. 2 Shindaiwa Inc. Tualatin, Oregon 97062 11975 S.W. Herman Road FAX Voice 503 692-3070 Intemet www.shindaiwa.com 503 692-6696 Supko $173.220 (a)(1) November 3, 2005 Mr. Edward T. Mazzullo Engines Director, Office of Hazardous Materials Standards 15-0281 U.S. DOT/PHMSA (PHH-10) 400 7' Street S.W. Washington, D.C., 20590-0001 Phone: 1-800-467-4922 Fax: 1-202-366-3012 shindaiwa Re: Air Transport of two cycle and single cylinder 4 stroke engines Dear Sir: Shindaiwa Inc. is a manufacturer of outdoor power equipment, i.e., grass trimmers, backpack & handheld leaf blowers, chain saws, hedge trimmers, etc. Cur products are powered by two-cycle and 4-cycle single cylinder internal combustion engines, which are fueled by 50:1 gas/oil mixture. We have been manufacturing and distributing these products for 25 years. We have been given verbal opinions that our equipment is hazardous and should be classified as a potential hazard for air shipment. We certainly wish to comply with all transport regulations. It is our interpretation that Shindaiwa equipment is not a potential hazard and would appreciate your interpretation. Our manufacturing process includes testing/starting of each engine from the production line. At no time during these test procedures is any fuel/oil mix put into the gas tank. The engine testing is accomplished by: 1. Inserting a fuel line directly to the engine carburetor or fuel line leading to the carburetor bypassing the fuel tank. 2. Introducing fuel to the carburetor 3. Pulling the starter cord, which starts the engine. 4. Run the engine for less than 5 minutes. 5. Stop the engine 6. Disconnect the external fuel line to the carburetor. 7. Pull the starter cord which starts the engine. 8. Run the engine (less than 5 minutes) until all the fuel has been consumed and the engine stops. We have researched the federal regulations regarding shipment of hazardous materials, HMR; 49 CFR parts 171-180, section 173.220 (a) (1). This appears to be the current pertinent regulation. File: shipping classification 05_11_03 Page 1 of 2#

Page 3Nov. 3. 2005 8:39 AM Shindaiwa No. 2758 P. 3 Shindaiwa Inc. Tualatin, Oregon 97062 11975 S.W. Herman Road Voice 50S 692-3070 Internet FAX www.shindaiwa.com 503 692-6696 We have also researched the DOT web site and have noted that one of our competitors in this industry (Echo Inc.) communicated with DOT on this subject matter early in 2000 (ref. No. 00-0030) and again in 2004 (ref. No. 04-0076). Finally, we have reviewed the IATA Dangerous Goods Regulations 2005 and our interpretation indicates that the federal and IATA regulation are similar in regards to this subject. We would appreciate a written opinion regarding shipping classification and requirements based on the information given above. shindaiwa Thank you in advance for looking into this matter and for your response. Regards, Du Stamo Dennis Stauch Vice President of Engineering and Manufacturing Co: Sue Turner, Logistics Manager File: shipping classification 05_11_03 Pago 2 of 2#

Page 4Nov. 3. 2005 8:38AM Shindaiwa No. 2758 P. 1 Shindaiwa Inc. Tualatin, Oregon 97062 11975 S.W. Herman Road Voice 503692-3070 Internet www.shindaiwa.com FAX 503 692-6696 VIA FAX November 3, 2005 Mr. Edward T. Mazzullo Phone: 1-800-467-4922 Director, Office of Hazardous Materials Standards Fax:1-202-366-3012 U.S. DOT/PHMSA (PHH-10) 400 7' Street S.W. shindaiwa Washington, D.C., 20590-000 Re: Shindaiwa request for interpretation, Air Transport of two cycle and single cylinder 4 stroke engines Dear Sir: Today we had a brief phone conversation with Jessica in regards to how to submit a request for interpretation. Per her suggestion please refer to the 2 page memo attached to this cover letter. If there is any other information we can provide please do not hesitate to contact us. We look forward to your quick response. Regards, Di Stoo Dennis Stauch Vice President of Engineering Attachment: shipping classification OS_11_03 File: DOT fax cover letter OS_11_03 Page 1 of 1#