Quarles & Brady LLP — Hazardous Materials Safety Interpretation

Page 1S. Departme Transportatic Washington, D.C. 20590 400 Seventh Street, S.W. Hazardous Materials Safety Pipeline and OCT 1 6 2006 Administration OCT 13 2006 Mr. Lars E. Gulbrandsen 411 East Wisconsin Avenue Quarles & Brady LLP Ref. No.: 06-0196 Milwaukee, Wisconsin 53202-4497 Dear Mr. Gulbrandsen: This responds to your letter dated August 17, 2006 regarding the applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to a motor vehicle, operating under its own motive power that stores energy during braking in a large compressed gas accumulator containing nitrogen. system for trucks, such as garbage trucks. The auxiliary power system is similar in According to your letter, your client plans to manufacture and sell an auxiliary power system stores the energy generated during braking in a large compressed gas accumulator purpose to batteries incorporated into hybrid-electric vehicles. The auxiliary power containing nitrogen, and then releases that energy to produce better fuel economy. transportation of a self-propelled vehicle "when transported as cargo" on a transport Specifically, you ask if your understanding is correct that § 173.220 applies to the vehicle, but would not apply when a self-propelled vehicle is operated under its own motive power. Your understanding is correct. The requirements in § 173.220 do not apply to a self- propelled vehicle not carried as cargo on a transport vehicle and operated under its own motive power. I hope this satisfies your inquiry. If we can be of further assistance, please contact us. Sincerely, John A Gale Office of Hazardous Materials Standards Chief, Standards Development 113.220 060196 173.301#

Page 2Quartese Brady us Milwaukee, Wisconsin 53202-4497 411 East Wisconsin Avenue Attorneys at Law in: Tel 414.277.5000 Phoenix and Tucson, Arizona www.quarles.com Fax 414.271.3552 Chicago, Illinois Naples and Boca Raton, Florida Milwaukee and Madison, Wisconsin Writer's Direct Dial: (414) 277.5137 E-mail: (g9@quarles.com Writer's Direct Fax: (414) 978-8937 Engrum August 17, 206 $ 1 13 - 220 $173.30} Applicalálity Mr. Edward T. Mazzullo Director, Office of Hazardous Materials Standards 06-0196 U.S. DOT/PHMSA (PHH-10) 400 7th Street S.W. Washington DC 20590-0001 Dear Mr. Mazzullo: I am writing with a general question regarding the applicability of the More specifically, my question is whether the HMR apply to components Hazardous Material Regulations ("HMR") to component parts of motor vehicles. incorporated into a motor vehicle when that motor vehicle is being operated under its own power. My client, Eaton Corporation, plans to manufacture and sell an auxiliary power system for trucks, such as garbage trucks. The auxiliary power system is referred to as the Hydraulic Launch Assist ("HLA"). The HLA is similar in purpose to batteries incorporated into hybrid-electric vehicles. The idea is to capture energ. enerated during braking and then release that energy in order to produce bette fuel economy. The HLA stores the energy generated during braking in a large compressed gas accumulator containing nitrogen. I understand that 49 CFR ch. 173.220 applies to the transportation of self- propelled vehicles "when transported as cargo on a transport vehicle." understanding is that 173.220 would not apply when a vehicle is operated under its My own power. Does any section of the HMR apply to a vehicle operated under its own incorporating the HLA? offered for transportation in a cylinder must be prepared in accordance with this For instance, 49 CFR ch. 173.301(a) provides that "[a] Class 2 material (gas) section and sections 173.30la through 173.305, as applicable." Would a vehicle incorporating the HLA, and specifically the accumulator, be regulated by 49 CFR ch. 173.301 even if the vehicle is operating under its own power?#

Page 3Mr. Edward T. Mazzullo August 17, 2006 Page 2 Thank you for your attention to this matter. I look forward to your response. Very truly yours, QUARLES & BRADY LLP LG9 jag Lars E. Gulbrandsen 290050.00022 5942003 1.DOC#