The Alpha Group — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department 1200 New Jersey Avenue, SE Washington, D.C. 20590 Pipeline and Hazardous Materials Safety Administration JUN 4 2007 Mr. Vince Panunzio Reference No. 07-0073 Materials Manager - Atlanta Facilities The Alpha Group GBE Enterprises/Alpha Industrial Power 1075 Satellite Boulevard, Suite 400 Suwanee, GA 30024 Dear Mr. Panunzio: This responds to your April 5, 2007 e-mail concerning requirements in the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the transportation of a generator containing an internal combustion engine fueled by either liquefied petroleum gas or natural gas and containing a spillable wet electric storage battery filled with acid. Specifically, you ask whether the requirements in § 173.220 apply to such transportation. containing an internal combustion engine if the engine or fuel tank contains a liquid or gaseous The answer is yes. Section 173.220 applies to the transportation of mechanized equipment fuel. Section 173.220 also applies to the transportation of mechanized equipment containing a wet electric storage battery, other than a non-spillable battery, or a sodium or lithium battery. Requirements for transporting mechanized equipment containing an internal combustion engine fueled by either flammable liquefied or compressed gas are set forth in § 173.220(b)(2). Shipments conforming to the requirements in § 173.220(b)(2) are not subject to any other HMR requirements when transported by motor vehicle or railcar and are excepted from marking, labeling, placarding, and emergency response telephone number requirements when transported by vessel or aircraft (see § 173.220(g)). Additional exceptions for shipments by vessel are in cleaned of residue, and purged of vapors to remove any potential hazard, the requirements in $ 176.905. Note that if the fuel tank, engine components, and fuel lines are completely drained, § 173.220 do not apply. by motor vehicle or railcar and are excepted from marking, labeling, placarding, and emergency response telephone number requirements when transported by vessel or aircraft 173.220 070073#

Page 2(see § 173.220(g)). For vessel or air transportation, all other applicable HMR requirements apply, including shipping papers and emergency response information. Additional exceptions for shipments by vessel are in § 176.905. I hope this information is helpful. Sincerely, thath the Hattie L. Mitchell, Chief Regulatory Review and Reinvention Office of Hazardous Materials Standards#

Page 3Edmonson 1age 1 U1< 3173.220 Engines Jarman, Erin <PHMSA› 07-0073 From: Vince Panunzio [VPanunzio@alpha.com] Sent: Thursday, April 05, 2007 12:44 PM To: INFOCNTR < PHMSA> Subject: RE: 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 rated metal enclosure. There are no fuel tanks attached to the LP units, and obviously the natural gas units have or natural gas engine. The engines are incorporated into the generator units are enclosed and built into a NEMA no 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? fuel tanks, as I interpret the section 173.200, they should not be subject to any other requirements under the My second question is: if they are regulated by the above mentioned requirements, provided that they have no with this assessment? HMR (e.g., shipping papers, labeling, marking, placarding, or emergency response information), do you concur upright position, and protected from short circuits and leakage, it should also be excepted from any other 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 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 As I read the packaging specifications 173.220 which apply to the classification above, a "wet, storage battery" is allowed to be installed an securely fastened Please contact me directly should you require any further information in order to render a decision. Sincerely, Vince Panunzio Materials Manager- Atlanta Facilities Direct: 678-387-4023 1075 Satellite Blvd, Ste 400 Suwanee, GA 30024 The Alpha Group - GBE Enterprises/Alpha Industrial Power Tel: 678-475-3995 Fax: 678-584-9259 4/5/2007#