{"operation":"document","citation":"09-0197","title":"Tennant Company — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2009-11-03","effective_on":null,"summary":"09-0197 response to Tennant Company concerning 173.220.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0197.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0197.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0197","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2009/090197.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous Materials\nSafety Administration\n1200 New Jersey Ave., SE\nWashington, DC 20590\nNOV 3 2009\nMr. Charlie Brandenberg\nCorporate SafetylEnvironmental Specialist\nTennant Company\n701 North Lilac Drive\nMinneapolis, MN 55422\nRef. No.: 09-0197\nDear Mr. Brandenberg:\nThis responds to your letter dated August 20, 2009, regarding the applicability of the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to the transportation of\nwalk-behind floor scrubbers powered by lithium ion batteries. Specifically, you ask ifyour\nwalk-behind floor scrubbers powered by lithium batteries are considered \"mechanical\nequipment\" as the term is used in § 173.220(d), and therefore fall within the purview of\n§ 173.220 as \"Battery-powered equipment\" as opposed to § 173.185 as \"Lithium batteries,\ncontained in equipment.\"\nThe answer is yes. Your mechanically operated walk-behind floor scrubbers powered by\nlithium-ion batteries are appropriately classed as \"Battery-powered equipment, UN3171\"\nunder the HMR. Therefore, the equipment is subject to § 173.220(d) as mechanical\nequipment powered by a lithium ion battery. Note that § 173.220(d) forbids the\ntransportation ofthese devices on passenger carrying aircraft when the battery is installed.\nFurther, the lithium batteries contained in these devices must be of a type that has\nsuccessfully passed each test in the UN Manual of Tests and Criteria as specified in\n§ 173.185.\nI hope this answers your inquiry.\nSincerely,\n~t~\nCharles E. Betts\nChief, Standards Development\nIce ofHazardous Materials Standards\n\n<<<PAGE 2>>>\n\nE,CMUliCUL0\n~'73.Z20 Cd)\n~173·18S\nCa.~;es\nOCf-olql\nAugust 20, 2009\nAttn: PHH-10\nU.S. Department of Transportation\nOffice of Hazardous Materials Standards\nPipeline and Hazardous Materials Safety Administration\nEast Building\n1200 New Jersey Avenue, SE\nWashington, DC 20590-0001\nRe: Request for Interpretation of phrase, \"Mechanical Equipment,\"\nwithin 49 CFR 173.220(d)\nDear Sir/Madam:\nTennant Company submits this request for guidance and interpretation pursuant to 49\nCFR 105.20.\nBackground\nTennant Company manufactures floor cleaning equipment including scrubbers and\nsweepers in both walk-behind and rider models. Our clients can choose most of our\nequipment with one of two power sources: internal combustion and battery-powered.\nFor your reference, I have enclosed with this letter a marketing brochure showing a\ntypical model from Tennant's line of walk-behind scrubbers. As this brochure\nindicates, our scrubber equipment is mechanical in nature. When we ship our batterypowered\nscrubbers, we adhere to the requirements for \"battery-powered equipment. n\nRequest\nTennant is exploring using lithium ion batteries as a third power source option for\ncertain models within our line of walk-behind scrubbers. I am writing to ask for\nclarification regarding the shipping reqUirements for small walk-behind scrubbers\n(approximately 125 Ibs.) powered by lithium ion battery. Specifically, Tennant seeks\nconfirmation that the latest revision of 49 CFR 173.220(d) excludes lithium ion battery\npowered-walk-behind scrubbers from the requirements set forth in the equipment\nsubsections within 49 CFR 173.185. Tennant acknowledges that the lithium ion\nbatteries contained within equipment, whether or not the equipment is mechanical,\nmust meet the applicable requirements for lithium ion batteries set forth in 49 CFR\n173.185(a).\n49 CFR 173.220(d) was revised by HM-215J in early 2009 and now states that\n\"Equipment (other than ...mechanical equipment) containing lithium batteries, must be\ndescribed as \"Lithium batteries contained in equipment\" and transported in accordance\nWWW.TENNANTCO.COM\n701 N. Lilac Drive\nP.O. Box 1452\nMinneacolis, MN\n554d()·1452\nT: 763.540.1200\nF: 763.540.1437\n\n<<<PAGE 3>>>\n\nwith §173.185 and applicable special provisions.\" Tennant classifies its walk-behind\nscrubber as mechanical equipment. Therefore, we understand that the above\nunderlined parenthetical exempts our mechanical walk-behind scrubbers from the\nrequirements set forth in 49 CFR 173.185 for equipment containing lithium ion\nbatteries and keeps mechanical equipment, such as scrubbers, within the regulatory\npurview of 49 CFR 173.220.\nIn conclusion, Tennant asks that you please confirm that a walk-behind scrubber\npowered by a lithium ion battery belongs in the category of \"mechanical equipment\"\nand therefore may be shipped as \"Battery Powered Equipment\" in accordance with\n§173.220.\nPlease send your response to:\nCharlie Brandenburg\nTennant Company\n701 North Lilac Drive\nMinneapolis, MN 55422\nShould you have questions or need additional information you may contact me at 763513-1837\nor by email atcharlie.brandenburg@tennantco.com.\nSin~, /\nU/#;/.:[ / -Charlie\nBrandenburg ~\nCorporate Safety/EnVironmental Specialist\nEnclosure","truncated":false,"body_characters":4842}