The Alpha Group — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation 1200 New Jersey Ave.. S.E Washington. DC 20590 Materials Safety Pipeline and Hazardous Administration JUL 9 2007 Mr. Vince Panunzio Ref. No. 07-0064 Materials Manager Atlanta Facilitie 1075 Satellite Blvd' Ste. 400 Suwanee, GA 30024 Dear Mr. Panunzio: for internal combustion engines under the Hazardous Materials Regulations (HMR; 49 This responds to your letter regarding the regulatory requirements and exceptions provided CFR Parts 171-180). The engines are transported by highway and are used to generate power in the event of a power outage. Your questions are paraphrased and answered as Q1. Are our generators subject to the requirements of § 173.220? Al. Yes. Q2. If our generators are subject to and conform to the requirements of $ 173.220, are they in a fueled condition? excepted from any additional requirements of the HMR provided they are not transported they conform to the conditions specified in § 173.220, as applicable, they are excepted A2. Regardless of whether the generators are transported in a fueled condition, provided from any additional requirements of the HMR when transported by motor vehicle or rail generators by aircraft? Q3. What additional requirements, if any, would apply to the transportation of our A3. Your generators would be excepted from the marking, labeling, placarding, and emergency response telephone number requirements of Part 172 of the HMR. 173.220 070064#

Page 2However, they are subject to all other applicable requirements of the HMR, such as shipping papers, emergency response information, and general packaging requirements. I trust this satisfies your inquiry. Please contact us if we can be of further assistance. Sincerely, Hattie L. Mitchell Office of Hazardous Materials Standards Chief, Regulatory Review and Reinvention#

Page 3Stevens $113:220 INFOCNTR <PHMSA> EngInes 07-0064 From: Vince Panunzio [VPanunzio@alpha.com] Sent: Friday, March 23, 2007 4:14 PM To: INFOCNTR <PHMSA> Cc: Charles Edwards Subject: Request for interpretation Dear sirs, Thank you for taking the time to review my request for interpretation. contained within equipment. I would like to request an interpretation of 49 CFR section 173.220, pertaining to internal combustion engines We have several DC power generation products that we manufacture which contain within them either a LP gas or natural gas engine. The engines are incorporated into the generator units are enclosed and built into a NEMA rated metal enclosure. There are no fuel tanks attached to the LP units, and obviously the natural gas units have 1o tank at all. The units do get a battery for start up which is classified as a "Battery, wet filled with acid cable network. These units are used in the broadband cable market to supply back up power in the event of power loss to the My first question is: is the transport of our generator products governed by the requirements of 173.220? ly second question is: if they are regulated by the above mentioned requirements, provided that they have n HMR (e.g., shipping papers, labeling, marking, placarding, or emergency response information), do you concur Jel tanks, as I interpret the section 173.200, they should not be subject to any other requirements under th with this assessment? And third, provided that the wet electric storage battery is installed in the equipment, securely fastened in an requirements of the HMR if offered for transportation by motor vehicle or rail. Further if it is offered for and protected from short circuits and leakage, it should also be excepted from any other shipping papers are required. Do you concur with this assessment? transportation by air or vessel the wet battery is excepted from marking, labeling and placarding; however allowed to be installed an securely fastened As I read the packaging specifications 173.220 which apply to the classification above, a "wet, storage battery" is Please contact me directly should you require any further information in order to render a decision. Sincerely, Vince Panunzio Materials Manager- Atlanta Facilities The Alpha Group - GBE Enterprises/Alpha Industrial Power Direct: 678-387-4023 3/26/2007#