Caterpillar, Inc. — Hazardous Materials Safety Interpretation

Page 1U.S, Department of Transportation Pipeline and Hazardous Materials Safety Administration APR 1 1 2012 Mr. Jerry A. Shipman Environmental, Safety, and Health Manager Caterpillar, Inc. 500 N. Morton Ave. Morton, IL 61550 Reference No.: 12-0039 Dear Mr. Shipman: 1200 New Jersey Avenue SE Washington. DC 20590 This is in response to your January 27, 2012letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) as they pertain to the classification of generators. Specifically you ask if generators powered by diesel fuel or gasoline should be classified as UN 3166 Vehicle Flammable Liquid Powered. The answer is no. While it is ultimately the responsibility of the shipper to properly classify their hazardous materials shipments in accordance with§ 173.22(a)(l), it is the opinion of this office that a generator powered by an internal combustion engine is most appropriately classified as either Engines, internal combustion, flammable gas powered or Engines, internal combustion, flammable liquid powered (both UN 3166). I trust this satisfies your inquiry. Please contact us if we can be of further assistance. Si cerely, /~B((£# Senior Regulatory Advisor Standards and Rulemaking Division#

Page 2Drakeford, Carolyn (PHMSA) From: INFOCNTR (PHMSA) Sent: To: Subject: Monday, January 30, 2012 12:31 PM Drakeford, Carolyn (PHMSA) FW: Choosing Correct Shipping Name Hi Carolyn, Mr. Shipman requested this e-mail be forwarded as a fonnalletter of inteqxetation during his 1/27/12 phone call with Chris Ludwa in the HMIC. Thanks, Victoria Victoria Lehman Hazmat Information Center (HMIC} http://phmsa.dot.gov/hazmat/info-center {202) 366-1035 From: Jerry A. Shipman [mailto:Shipman Jerry A@cat.coml Sent: Wednesday, January 25, 2012 10:07 AM To: PHMSA HM InfoCenter Subject: Choosing Correct Shipping Name I have generators that is powered by diesel fuel and gasoline being shipped by ocean. I know these are considered equipment, but "Equipment, Flammable liquid Powered is not an option. I think these would fall into the UN3166, Vehicle, Flammable Liquid Powered, 9. They have internal combustion engines installed in them therefore can not be considered an engine. I am correct in this statement. Thank You, Jerry A. Shipman Office: (309) 266-3932 1#