{"operation":"document","citation":"07-0073","title":"The Alpha Group — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2007-06-04","effective_on":null,"summary":"07-0073 response to The Alpha Group concerning 173.220.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-07-0073.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-07-0073.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-07-0073","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2007/070073.pdf","body":"<<>>\n\nof Transportation\nU.S. Department\n1200 New Jersey Avenue, SE\nWashington, D.C. 20590\nPipeline and Hazardous\nMaterials Safety Administration\nJUN 4 2007\nMr. Vince Panunzio\nReference No. 07-0073\nMaterials Manager - Atlanta Facilities\nThe Alpha Group\nGBE Enterprises/Alpha Industrial Power\n1075 Satellite Boulevard, Suite 400\nSuwanee, GA 30024\nDear Mr. Panunzio:\nThis responds to your April 5, 2007 e-mail concerning requirements in the Hazardous Materials\nRegulations (HMR; 49 CFR Parts 171-180) applicable to the transportation of a generator\ncontaining an internal combustion engine fueled by either liquefied petroleum gas or natural gas\nand containing a spillable wet electric storage battery filled with acid. Specifically, you ask\nwhether the requirements in § 173.220 apply to such transportation.\ncontaining an internal combustion engine if the engine or fuel tank contains a liquid or gaseous\nThe answer is yes. Section 173.220 applies to the transportation of mechanized equipment\nfuel. Section 173.220 also applies to the transportation of mechanized equipment containing a\nwet electric storage battery, other than a non-spillable battery, or a sodium or lithium battery.\nRequirements for transporting mechanized equipment containing an internal combustion engine\nfueled by either flammable liquefied or compressed gas are set forth in § 173.220(b)(2).\nShipments conforming to the requirements in § 173.220(b)(2) are not subject to any other HMR\nrequirements when transported by motor vehicle or railcar and are excepted from marking,\nlabeling, placarding, and emergency response telephone number requirements when transported\nby vessel or aircraft (see § 173.220(g)). Additional exceptions for shipments by vessel are in\ncleaned of residue, and purged of vapors to remove any potential hazard, the requirements in\n$ 176.905. Note that if the fuel tank, engine components, and fuel lines are completely drained,\n§ 173.220 do not apply.\nby motor vehicle or railcar and are excepted from marking, labeling, placarding, and emergency\nresponse telephone number requirements when transported by vessel or aircraft\n173.220\n070073\n\n<<>>\n\n(see § 173.220(g)). For vessel or air transportation, all other applicable HMR requirements\napply, including shipping papers and emergency response information. Additional exceptions\nfor shipments by vessel are in § 176.905.\nI hope this information is helpful.\nSincerely,\nthath the\nHattie L. Mitchell, Chief\nRegulatory Review and Reinvention\nOffice of Hazardous Materials Standards\n\n<<>>\n\nEdmonson\n1age 1 U1<\n3173.220\nEngines\nJarman, Erin \nSubject: RE: 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\nrated metal enclosure. There are no fuel tanks attached to the LP units, and obviously the natural gas units have\nor natural gas engine. The engines are incorporated into the generator units are enclosed and built into a NEMA\nno 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?\nfuel tanks, as I interpret the section 173.200, they should not be subject to any other requirements under the\nMy second question is: if they are regulated by the above mentioned requirements, provided that they have no\nwith this assessment?\nHMR (e.g., shipping papers, labeling, marking, placarding, or emergency response information), do you concur\nupright position, and protected from short circuits and leakage, it should also be excepted from any other\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\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\nAs I read the packaging specifications 173.220 which apply to the classification above, a \"wet, storage battery\" is\nallowed to be installed an securely fastened\nPlease contact me directly should you require any further information in order to render a decision.\nSincerely,\nVince Panunzio\nMaterials Manager- Atlanta Facilities\nDirect: 678-387-4023\n1075 Satellite Blvd, Ste 400 Suwanee, GA 30024\nThe Alpha Group - GBE Enterprises/Alpha Industrial Power\nTel: 678-475-3995 Fax: 678-584-9259\n4/5/2007","truncated":false,"body_characters":5013}