{"operation":"document","citation":"06-0196","title":"Quarles & Brady LLP — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2006-10-13","effective_on":null,"summary":"06-0196 response to Quarles & Brady LLP concerning 173.220, 173.301.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0196.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0196.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0196","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2006/060196.pdf","body":"<<<PAGE 1>>>\n\nS. Departme\nTransportatic\nWashington, D.C. 20590\n400 Seventh Street, S.W.\nHazardous Materials Safety\nPipeline and\nOCT 1 6 2006\nAdministration\nOCT 13 2006\nMr. Lars E. Gulbrandsen\n411 East Wisconsin Avenue\nQuarles & Brady LLP\nRef. No.: 06-0196\nMilwaukee, Wisconsin 53202-4497\nDear Mr. Gulbrandsen:\nThis responds to your letter dated August 17, 2006 regarding the applicability of the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to a motor vehicle,\noperating under its own motive power that stores energy during braking in a large\ncompressed gas accumulator containing nitrogen.\nsystem for trucks, such as garbage trucks. The auxiliary power system is similar in\nAccording to your letter, your client plans to manufacture and sell an auxiliary power\nsystem stores the energy generated during braking in a large compressed gas accumulator\npurpose to batteries incorporated into hybrid-electric vehicles. The auxiliary power\ncontaining nitrogen, and then releases that energy to produce better fuel economy.\ntransportation of a self-propelled vehicle \"when transported as cargo\" on a transport\nSpecifically, you ask if your understanding is correct that § 173.220 applies to the\nvehicle, but would not apply when a self-propelled vehicle is operated under its own\nmotive power.\nYour understanding is correct. The requirements in § 173.220 do not apply to a self-\npropelled vehicle not carried as cargo on a transport vehicle and operated under its own\nmotive power.\nI hope this satisfies your inquiry. If we can be of further assistance, please contact us.\nSincerely,\nJohn A Gale\nOffice of Hazardous Materials Standards\nChief, Standards Development\n113.220\n060196\n173.301\n\n<<<PAGE 2>>>\n\nQuartese Brady us\nMilwaukee, Wisconsin 53202-4497\n411 East Wisconsin Avenue\nAttorneys at Law in:\nTel 414.277.5000\nPhoenix and Tucson, Arizona\nwww.quarles.com\nFax 414.271.3552\nChicago, Illinois\nNaples and Boca Raton, Florida\nMilwaukee and Madison, Wisconsin\nWriter's Direct Dial: (414) 277.5137\nE-mail: (g9@quarles.com\nWriter's Direct Fax: (414) 978-8937\nEngrum\nAugust 17, 206 $ 1 13 - 220\n$173.30}\nApplicalálity\nMr. Edward T. Mazzullo\nDirector, Office of Hazardous Materials Standards\n06-0196\nU.S. DOT/PHMSA (PHH-10)\n400 7th Street S.W.\nWashington DC 20590-0001\nDear Mr. Mazzullo:\nI am writing with a general question regarding the applicability of the\nMore specifically, my question is whether the HMR apply to components\nHazardous Material Regulations (\"HMR\") to component parts of motor vehicles.\nincorporated into a motor vehicle when that motor vehicle is being operated under\nits own power.\nMy client, Eaton Corporation, plans to manufacture and sell an auxiliary\npower system for trucks, such as garbage trucks. The auxiliary power system is\nreferred to as the Hydraulic Launch Assist (\"HLA\"). The HLA is similar in purpose\nto batteries incorporated into hybrid-electric vehicles. The idea is to capture energ.\nenerated during braking and then release that energy in order to produce bette\nfuel economy. The HLA stores the energy generated during braking in a\nlarge compressed gas accumulator containing nitrogen.\nI understand that 49 CFR ch. 173.220 applies to the transportation of self-\npropelled vehicles \"when transported as cargo on a transport vehicle.\"\nunderstanding is that 173.220 would not apply when a vehicle is operated under its\nMy\nown power. Does any section of the HMR apply to a vehicle operated under its own\nincorporating the HLA?\noffered for transportation in a cylinder must be prepared in accordance with this\nFor instance, 49 CFR ch. 173.301(a) provides that \"[a] Class 2 material (gas)\nsection\nand sections 173.30la through 173.305, as applicable.\"\nWould a\nvehicle incorporating the HLA, and specifically the accumulator, be regulated by\n49 CFR ch. 173.301 even if the vehicle is operating under its own power?\n\n<<<PAGE 3>>>\n\nMr. Edward T. Mazzullo\nAugust 17, 2006\nPage 2\nThank you for your attention to this matter. I look forward to your\nresponse.\nVery truly yours,\nQUARLES & BRADY LLP\nLG9 jag\nLars E. Gulbrandsen\n290050.00022\n5942003 1.DOC","truncated":false,"body_characters":4086}