{"operation":"document","citation":"07-0064","title":"The Alpha Group — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2007-07-09","effective_on":null,"summary":"07-0064 response to The Alpha Group concerning 173.220.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-07-0064.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-07-0064.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-07-0064","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2007/070064.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\n1200 New Jersey Ave.. S.E\nWashington. DC 20590\nMaterials Safety\nPipeline and Hazardous\nAdministration\nJUL\n9 2007\nMr. Vince Panunzio\nRef. No. 07-0064\nMaterials Manager\nAtlanta Facilitie\n1075 Satellite Blvd' Ste. 400\nSuwanee, GA 30024\nDear Mr. Panunzio:\nfor internal combustion engines under the Hazardous Materials Regulations (HMR; 49\nThis responds to your letter regarding the regulatory requirements and exceptions provided\nCFR Parts 171-180). The engines are transported by highway and are used to generate\npower in the event of a power outage. Your questions are paraphrased and answered as\nQ1. Are our generators subject to the requirements of § 173.220?\nAl. Yes.\nQ2. If our generators are subject to and conform to the requirements of $ 173.220, are they\nin a fueled condition?\nexcepted from any additional requirements of the HMR provided they are not transported\nthey conform to the conditions specified in § 173.220, as applicable, they are excepted\nA2. Regardless of whether the generators are transported in a fueled condition, provided\nfrom any additional requirements of the HMR when transported by motor vehicle or rail\ngenerators by aircraft?\nQ3. What additional requirements, if any, would apply to the transportation of our\nA3. Your generators would be excepted from the marking, labeling, placarding, and\nemergency response telephone number requirements of Part 172 of the HMR.\n173.220\n070064\n\n<<<PAGE 2>>>\n\nHowever, they are subject to all other applicable requirements of the HMR, such as\nshipping papers, emergency response information, and general packaging requirements.\nI trust this satisfies your inquiry. Please contact us if we can be of further assistance.\nSincerely,\nHattie L. Mitchell\nOffice of Hazardous Materials Standards\nChief, Regulatory Review and Reinvention\n\n<<<PAGE 3>>>\n\nStevens\n$113:220\nINFOCNTR <PHMSA>\nEngInes\n07-0064\nFrom: Vince Panunzio [VPanunzio@alpha.com]\nSent:\nFriday, March 23, 2007 4:14 PM\nTo:\nINFOCNTR <PHMSA>\nCc:\nCharles Edwards\nSubject: Request for interpretation\nDear sirs,\nThank you for taking the time to review my request for interpretation.\ncontained within equipment.\nI would like to request an interpretation of 49 CFR section 173.220, pertaining to internal combustion engines\nWe have several DC power generation products that we manufacture which contain within them either a LP gas\nor natural gas engine. The engines are incorporated into the generator units are enclosed and built into a NEMA\nrated metal enclosure. There are no fuel tanks attached to the LP units, and obviously the natural gas units have\n1o tank at all. The units do get a battery for start up which is classified as a \"Battery, wet filled with acid\ncable network.\nThese units are used in the broadband cable market to supply back up power in the event of power loss to the\nMy first question is: is the transport of our generator products governed by the requirements of 173.220?\nly second question is: if they are regulated by the above mentioned requirements, provided that they have n\nHMR (e.g., shipping papers, labeling, marking, placarding, or emergency response information), do you concur\nJel tanks, as I interpret the section 173.200, they should not be subject to any other requirements under th\nwith this assessment?\nAnd third, provided that the wet electric storage battery is installed in the equipment, securely fastened in an\nrequirements of the HMR if offered for transportation by motor vehicle or rail. Further if it is offered for\nand protected from short circuits and leakage, it should also be excepted from any other\nshipping papers are required. Do you concur with this assessment?\ntransportation by air or vessel the wet battery is excepted from marking, labeling and placarding; however\nallowed to be installed an securely fastened\nAs I read the packaging specifications 173.220 which apply to the classification above, a \"wet, storage battery\" is\nPlease contact me directly should you require any further information in order to render a decision.\nSincerely,\nVince Panunzio\nMaterials Manager- Atlanta Facilities\nThe Alpha Group - GBE Enterprises/Alpha Industrial Power\nDirect: 678-387-4023\n3/26/2007","truncated":false,"body_characters":4207}