Florida Power and Light Co. — Hazardous Materials Safety Interpretation

Page 1U.S. Department 1200 New Jersey Ave.. S.E of Transportation Washington DC 20590 Materials Safety Pipeline and Hazardous Administration JUN 12 200/ Principal Environmental Specialist Mr. Frank Nesbihal, CHMM Ref. No.: 07-0092 700 Universe Blvd. JES/JB Florida Power and Light Co. Juno Beach, FL 33408 Dear Mr. Nesbihal: This is in response to your May 9, 2007 letter requesting clarification of the requirements for lead acid batteries prescribed by the Hazardous Materials Regulations (HMR; 49 CFR hazardous materials may be transported in the same vehicle," prohibit you from equipping Parts 171-180). Specifically, you ask if the provisions in § 173.159(e)(1) stating, "no other each trailer with a fire extinguisher for use in the event of an emergency. As provided in § 171.1, the HMR apply to the transportation of hazardous materials in indeed a hazardous material. However, given that the fire extinguisher is an integral part commerce. For the purposes of your letter, we have assumed that the fire extinguisher is conditioners), it is not in commerce. The intent of § 173.159(e)(1) is to prohibit the of the motor vehicle (e.g., fuel systems, fire extinguishers, cargo heaters, and air transportation in commerce of any other hazardous materials in the same vehicle with the batteries. Therefore, § 173.159(e)(1) does not prohibit you from equipping each trailer with a fire extinguisher for use in the event of an emergency. I hope this information is helpful. Please contact us if you require additional assistance. Sincerely, / Chief, Standards Development Office of Hazardous Materials Standards 173.159 (eX/) 171.1 070092#

Page 2, Drakeford, Carolyn <PHMSA› Sent: From: To: Drago any 120540 PM Supko Subject: FW: Question - Battery Exception $173.159(e)U) Batteries PLEASE LOG THIS IN AS A NEW INTERPRETATION LETTER. 07-0092 Charles From: Frank_J_Nesbihal@fpl.com [mailto:Frank_J_Nesbihal@fpl.com] -----Original Message----- Sent: Wednesday, To: Betts, Charles < PHMSA> May 09, 2007 1:35 PM Cc: D_M_Rawson@fpl.com Subject: Question - Battery Exception Dear Mr. Betts, Our company owns several trailers that are permanently equipped with acid-filled owned vehicles to company facilities that are in need of emergency back-up power. The trailers are towed, when needed, either by company-owned or contractor- batteries in the trailers are secured in racks to prevent their movement while being The 171.8, towed. and Since the trailers are considered separate "transport vehicles" under 49 CFR batteries are they have * hey are come using the base yet econ at 49 CFR 173.159 (e) . be transported in In the paragraph at 49 CFR 173.159 (e) (1), it states that "no other hazardous materials may a fire extinguisher, the same vehicle" a hazardous material, in the event of a fire caused by battery However, we are planning to equip each trailer with on the same The question I have vehicle when using the is; since no other hazardous materials can be transported prohibit us from equipping each trailer with a fire extinguisher? battery exception, would this regulation hazardous materials regulations reviewed the regulation at 49 CFR 173.220 (e) which exclude fire extinguishers from the extinguishers are carried on But that section appears to pertain when fire Trade" exception at 49 CFR "towed" transport vehicles. 173.6, and are unclear if it would also exempt carrying fire In addition, we reviewed the "Materials of extinguishes from the HMR. I very much appreciate the opportunity to submit this question. We do not think it's the equipment on transport vehicles that carry acid-filled batteries under the battery intent of the Pipeline and Hazardous Materials Safety Administration to prohibit safety information, please do not hesitate to call me at 561-691-7013. at 49 CFR 173.159 (e). If you have any questions or need additional Respectfully, Frank Nesbihal, CHMM Principal Environmental Specialist 700 Universe Blvd. Florida Power and Light Co. Juno Beach, FL 33408 JES/JB#