Williams International — Hazardous Materials Safety Interpretation

Page 1Team Leader Williams International 280 E. West Maple Road Commerce Township, MI 48390 Reference No. 17-0039 Dear Mr. Harrison: This letter is in response to your April 5, 2017, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the classification of an internal combustion engine with installed Class 1 components. Specifically, you ask if your company is still permitted to ship engines domestically using the shipping description "UN3166, Engines, internal combustion, flammable liquid powered, Class 9" now that the UN3166 identification number has been designated for "vehicles only" as listed in the Hazardous Materials Table (HMT) in § 172.101. The answer is yes until January 1, 2018. The Pipeline and Hazardous Materials Safety Administration (PHMSA) published a final rule on March 30, 2017 [(HM-215N); 82 FR 15796] that amended the HMT entry for UN3166 by limiting its applicability to vehicles only. The final rule added three new HMT entries to communicate the type and quantity of fuel present within an engine: UN3528, engines and machinery powered by a flammable liquid; UN3529, engines and machinery powered by flammable gas; and UN3530, Class 9 hazardous materials. The final rule went into effect March 30, 2017, with a delayed compliance date of January 1, 2018. Beginning January 1, 2018, engines powered by a flammable liquid will no longer be eligible for description and classification under "UN3166, Class 9" but must be described and classed as "UN3528, Engine, internal combustion, flammable liquid powered, Class 3." However, note that PHMSA has maintained the existing transportation requirements and exceptions for engines and machinery found in § 173.220 for all modes of transportation, other than vessel, regardless of the description and classification changes. Therefore, based on the information you have provided and in accordance with the changes adopted in the HMR under the HM-215N final rule, your company is still permitted to ship engines under the shipping description "UN3166, Engines, internal combustion, flammable#

Page 2Sincerely, Sirk Der Kinderei Chief, Standards Development Branch Standards and Rulemaking Division#

Page 3valegories. Charles Hi Shante/Alice, Please submit this as a letter of interpretation. Mr. Harrison spoke with Eamonn. Please let me know if you have any questions. Thanks, Jordan From: SHarrison@williams-int.com [mailto:SHarrison@williams-int.com] Sent: Wednesday, April 05, 2017 11:40 AM To: INFOCNTR (PHMSA) < INFOCNTR.INFOCNTR@dot.gov> Subject: Hazmat Inquiry Good Morning, This is an request for two new Letters of Interpretation (LOI). On received September 2016 Williams International (WI) received two LOI please see attachments for the original request and LOI. WI will provide engines UN3166 Engine, Internal Combustion, Flammable liquid Powered Class 9 with two UNO325 1.4G Igniter and a UN0275 1.3C Cartridge, Power Device installed for domestic shipments. Based on the information in the IATA 58t edition of Dangerous Goods Regulations at the end of March 2017 all entries of "engines" were deleted from UN 3166 in Class 9 and now only applies to the proper shipping name" of the fuel that powers the engine. vehicles." Engines are now assigned to UN 3528 - UN 3530 in Division 2.1, Class 3 or Class 9, based on the classification Using IATA UN3528 will not allow for the shipment of this engine with any explosive's. At this point 49 CFR has not harmonized with IATA. January 2018 when 49 CFR harmonize with IATA and all engines are deleted from UN3166 in Class 9 will WI based on the LOl attached be allowed to complete our contractual obligation shipping these engines using UN3166 Class 9? Please provide TWO NEW LOI regarding this issue. Respectfully, Stan Harrison Team Leader Walled Lake Warehousing Transportation#

Page 4testaments) are for the sole use of the intended recipients) and may contain proprietary and/or confidential information which may be privileged or otherwise protected from disclosure. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipients), please contact the sender by reply email and destroy the original message and any copies of the message as well as any attachments) to the original message. This email message does not form a binding contract or contract amendment with the sender, unless it clearly states in writing that it is a contract or contract amendment. 2#

Page 5au. Dial flarrison Team Leader Williams International Walled Lake Warehousing/Transportation 2280 East West Maple Road Commerce Township, MI 48390 Reference No. 16-0024 Dear Mr. Harrison: This letter is in response to your January 18, 2016, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the classification of an internal combustion engine with installed Class 1 components. Specifically, you state that the installed components are classed as "UN0325, Igniter, 1.4G" and "UN0275, Cartridge, Power Device Installed" and assigned the Department of Transportation (DOT) approval number EX-2005010294 and EX-2008010116, respectively. Your questions have been paraphrased and answered as follows: Q1. You ask if the basic description "UN3166, Engine, internal combustion, flammable liquid powered, Class 9" is appropriate and for confirmation that the engine with an installed igniter and a cartridge, power device would be eligible for the provisions of its operation. § 173.220(f)(1), as they are both an integral component of the engine and required for Al. Under § 173.56(i), the Associate Administrator for Hazardous Materials Safety may specify a classification or except an explosive material from the requirements of the HMR. In the scenario you described, the Associate Administrator has determined that a 1.4G igniter and a cartridge, power device that are integral parts of the combustion engine do not pose a hazard requiring an approval and may be excepted if the requirements of § 173.220(f)(1) are met. Provided the 1.4G igniter and cartridge, power device are integral and necessary for the operation of the engine in accordance with § 173.220(f)(1), the basic description "UN3166, Engine, internal combustion, flammable liquid powered, Class 9" would be appropriate. Please note that this opinion is limited to the facts you presented in your letter. Q2. You note that § 173.220(h)(1) exempts engines from placarding requirements when transported domestically by ground, and you request clarification on the required hazard communication for international air transport of this engine.#

Page 6Sincerely, santosta T. Glenn Foster • Chief, Regulatory Review and Reinvention Branch Standard and Rulemaking Division#

Page 7Attached is the second request. From: SHarrison@williams-int.com [mailto:SHarrison@williams-int.com] Sent: Monday, January 18, 2016 9:43 AM To: INFOCNTR (PHMSA) Cc: SHarrison@williams-int.com Subject: Request for a Formal Letter of Interpretation Hello, This is to obtain a Formal Letter of Interpretation for the classification of a shipment of a UN3166 Engine, Internal installed. Combustion, Flammable liquid Powered with one UN0325 1.4G Igniter and one UN0275 1.3C Cartridge, Power Device Please help with providing information for this domestic shipment. Shipment: UN3166 Class 9 Engine, internal combustion, flammable liquid powered. On this engine is fixed and installed, grounded and shielded one UN0325, Igniter 1.4G (REFERENCE NUMBER EX2005010294) and one UN0275, Cartridge, Power Device (REFERENCE NUMBER EX2008010116) these are fixed components required for the operation of the engine. Per 49 CFR 173.220(h)(1), Internal Combustion Engines are not subject to the Hazardous Materials Regulations, including placarding rules, when shipped by ground in the US and prepared in accordance with 49 CFR 173.220 With respect to the Igniter and Cartridge, Power Device, see 49 CFR 173.220(f)(1): "Items containing hazardous materials... that are integral components of the motor vehicle, engine, or mechanical equipment and are necessary for the operation of the vehicle, engine, or mechanical equipment.. must be securely installed in the motor vehicle, engine, or mechanical equipment. Such items are not otherwise subject to the requirements of this subchapter." The Igniter and Cartridge, Power Device will be securely installed to the engine. The one Igniter will have a Protective Fraday Cap-Shorting Device installed to provide a ground path from all connector contacts to ground to prevent actuation from High Energy Frequency Fields and Electrostatic Discharge while in storage or transporting. The Cartridge will have a Shunt between the wires preventing any connections and a Shielding Cap attached for storage or transporting these protective devices will not be removed until the engine is installed on vehicle. Per IATA UN3166 Packing instruction 950(d)(1)(2): Other operational equipment These dangerous good UN0325, Igniter 1.4G and UN0275, Cartridge, Power Device would not be required to be reported on the Dangerous Goods Documents and this shipment would be shipped as a UN3166 Class 9 Engine, Internal Combustion, Flammable Liquid Powered. 1#

Page 8willams international Phone: (248)960-2472 E-mail: sharrison@williams-int.com WILLIAMS INTERNATIONAL THE POWER OF VISION This email message and any attachments) are for the sole use of the intended recipients) and may contain proprietary and/or confidential information which may be privileged or otherwise protected from disclosure. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipients), please contact the sender by reply email and destroy the original message and any copies of the message as well as any attachments) to the original message. This email message does not form a binding contract or contract amendment with the sender, unless it clearly states in writing that it is a contract or contract amendment. 2#

Page 9Stan Harrison Team Leader Williams International Walled Lake Warehousing/Transportation 2280 E. West Maple Road Commerce Township, MI 48390 Ref. No.: 14-0071 Dear Mr. Harrison: This is in response to your letter dated April 2, 2014 requesting clarification of the Hazardous Material Regulations (HMR; 49 CFR Parts 171-180) applicable to the classification of an engine with an installed Class 1 component. The installed component is classed as "UN0325, Igniter, 1.4G" and assigned the Department of Transportation (DOT) approval number EX-2005010294. Specifically, you ask if the basic description "UN3166, Engine, internal combustion, flammable liquid powered, Class 9" is appropriate and ask for confirmation that the engine with installed igniter would be eligible for the provisions of § 173.220(f)(1) as the igniter is both an integral component of the engine and required for operation of the engine. In addition, you note that § 173.220(h)(1) exempts engines from placarding requirements when transported domestically by ground and request clarification on the required hazard communication for international air transport of this engine. Under §173.56(i) of the HMR, the Associate Administrator for Hazardous Materials Safety may specify a classification or except an explosive material from the requirements of the HMR. In the scenario described, the AA has determined that a 1.4G igniter that is an integral part of the combustion engine does not pose a hazard requiring an approval and may be excepted if the requirements of § 173.220(f)(1) are met. Provided the 1.4G igniter is an integral component of the engine and necessary for the operation of the engine in accordance with § 173.220(f)(1), the basic description "UN3166, Engine, internal combustion, flammable liquid powered, Class 9" would be appropriate. This decision is limited to the facts you presented in your letter. The requirements of the HMR apply to all modes of transportation. For domestic transportation to the airport of departure by motor vehicle or rail car, provided the fuel tank is securely closed, the engine is not subject to any other requirements under the HMR (e.g., shipping papers, labeling, marking, placarding, or emergency response information). Subpart C of Part 171, authorizes the use of the ICAO Technical Instructions for the Safe Transport of Dangerous Goods by Air (TI) if any portion of the transportation is by aircraft. Under the ICAO TI, Packing Instruction 950 provides that dangerous goods required for the operation#

Page 10the scenario in question and should not be construed to be generally applicable. I hope this information is helpful. If you have further questions, please do not hesitate to contact this office. Sincerely, Show chey Shane C. Kelley Acting International Standards Coordinator Standards and Rulemaking Division#

Page 11Based upon a request by Pacific Scientific, 3601 Union Road, Hollister, CA, the UN. PROPER SHIPPING NAME AND NUMBER: Cartridges, power device, UN0275 U.N. CLASSIFICATION CODE: 1.3C REFERENCE NUMBER EX2008010116 PRODUCT DESIGNATION/PART NUMBER P/N 829000-01 DATED: February 15, 2008 Approved by: Manfreetti Tracking No: 2008010171 Page 1 of 1#

Page 12Administration CLASSIFICATION OF EXPLOSIVES Based upon a request by Pacific Scientific, 3601 Union Road, Hollister, CA, the following items are classed in accordance with Section 173.56, Title 49, Code of Federal Regulations (49 CFR). A copy of your application, all supporting documentation and a copy of this approyal must be retained and made available to DOT upon request. U.N. PROPER SHIPPING NAME AND NUMBER: gutters, UN0325 U.N. CLASSIFICATION CODE: 1.4G REFERENCE NUMBER EX2005010294 PRODUCT DESIGNATION/PARE NUMBER 15936-05 NOTES: The following packaging method is assigned: Inner Packaging - Bag, foil, each containing one igniter pre-wrapped in plastic bubble wrap. Outer Packaging - UN 4G fiberboard box, each containing not more than fifty (50) inner packagings. DATED: January 26, 2005 Approved by: g Robert A. McGuire Associate Administrator Hazardous Materials:$ Tracking No: 2005010331 Page 1 of 1#

Page 13Williams International Walled Lake Warehousing/Transportation 2280 East West Maple Road Commerce Township, MI 48390 Reference No. 16-0023 Dear Mr. Harrison: This letter is in response to your January 18, 2016, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the classification of an internal combustion engine with installed Class 1 components. Specifically, you state that the installed components are classed as two "UN0325, Igniter, 1.4G" and one "UN0275, Cartridge, Power Device Installed" and assigned the Department of Transportation (DOT) approval number EX-2005010294 and EX-2008010116, respectively. Your questions have been paraphrased and answered as follows: Q1. You ask if the basic description "UN3166, Engine, internal combustion, flammable liquid powered, Class 9" is appropriate and for confirmation that the engine with two installed igniters and one cartridge, power device would be eligible for the provisions of § 173.220(f)(1), as they are integral components of the engine and required for its operation. Al. Under § 173.56(i), the Associate Administrator for Hazardous Materials Safety may specify a classification or except an explosive material from the requirements of the HMR. In the scenario you described, the Associate Administrator has determined that a 1.4G igniter and a cartridge, power device that are integral parts of the combustion engine do not pose a hazard requiring an approval and may be excepted if the requirements of § 173.220(f)(1) are met. Provided the two 1.4G igniters and one cartridge, power device are integral and necessary for the operation of the engine in accordance with § 173.220(f)(1), the basic description "UN3166, Engine, internal combustion, flammable liquid powered, Class 9" would be appropriate. Please note that this opinion is limited to the facts you presented in your letter. Q2. You note that § 173.220(h)(1) exempts engines from placarding requirements when transported domestically by ground, and you request clarification on the required hazard communication for international air transport of this engine.#

Page 14Sincerely, lenn Foster T. Glenn Foster Chief, Regulatory Review and Reinvention Branch Standard and Rulemaking Division#

Page 15Dear Shante and Alice, Forwarded is a request for a formal letter of interpretation. I spoke with Mr. Harrison about his request. There is a second interpretation request which only varies slightly from this request, which I will forward next. I spoke with Aaron and he mentioned that they can probably be written in the same letter. Mr. Harrison's address is: 2280 East West Maple Road Walled Lake Michigan, MI 48390 Thanks, Shelby From: SHarrison@williams-int.com [mailto:SHarrison@williams-int.com] Sent: Monday, January 18, 2016 10:20 AM To: INFOCNTR (PHMSA) Cc: SHarrison@williams-int.com Subject: Request for a Formal Letter of Interpretation with this configuration Hello, This is to obtain a Formal Letter of Interpretation for the classification of a shipment of a UN3166 Engine, Internal installed. Combustion, Flammable liquid Powered with two UN0325 1.4G Igniter and a UN0275 1.3C Cartridge, Power Device Please help with providing information for this domestic shipment. Shipment: UN3166 Class 9 Engine, internal combustion, flammable liquid powered. On this engine is fixed and installed, grounded and shielded two UN0325, Igniter 1.4G (REFERENCE NUMBER EX2005010294) and a UN0275, Cartridge, Power Device (REFERENCE NUMBER EX2008010116) these are fixed components required for the operation of the engine. Per 49 CFR 173.220(h)(1), Internal Combustion Engines are not subject to the Hazardous Materials Regulations, including placarding rules, when shipped by ground in the US and prepared in accordance with 49 CFR 173.220. With respect to the Igniter and Cartridge, Power Device, see 49 CFR 173.220(f)(1): "Items containing hazardous materials... that are integral components of the motor vehicle, engine, or mechanical equipment and are necessary for the operation of the vehicle, engine, or mechanical equipment.. must be securely installed in the motor vehicle, engine, or mechanical equipment. Such items are not otherwise subject to the requirements of this subchapter." 1#

Page 16In light of the above information please advise if this shipment can be made using UN3166 Engine, Internal Combustion, Flammable Liquid Powered,9? Please see attachments for additional information. Thank you in advance for help!!!! Stan Harrison Team Leader Walled Lake Warehousing\Transportation Williams International Phone: (248)960-2472 E-mail: sharrison@williams-int.com WILLIAMS INTERNATIONAL THE POWER OF VISION This email message and any attachments) are for the sole use of the intended recipients) and may contain proprietary and/or confidential information which may be privileged or otherwise protected from disclosure. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipients), please contact the sender by reply email and destroy the original message and any copies of the message as well as any attachments) to the original message. This email message does not form a binding contract or contract amendment with the sender, unless it clearly states in writing that it is a contract or contract amendment. 2#

Page 17Based upon a request by Pacific Scientific, 3601 Union Road, Hollister, CA, the following items are classed in accordance with Section 173.56, Title 49, Code of Federal Regulations (49 CFR). A copy of your application, all supporting documentation and a copy of this approval must be retained and made available to DOT upon request. U.N. PROPER SHIPPING NAME AND NUMBER: Cartridges, power device, UN0275 U.N. CLASSIFICATION CODE: 1.3C REFERENCE NUMBER EX2008010116 PRODUCT DESIGNATION/PART NUMBER P/N 829000-01 DATED: February 15, 2008 Approved by: Mastrettin Tracking No: 2008010171 Page 1 of 1#

Page 18Stan Harrison Team Leader Williams International Walled Lake Warehousing/Transportation 2280 E. West Maple Road Commerce Township, MI 48390 Ref. No.: 14-0071 Dear Mr. Harrison: This is in response to your letter dated April 2, 2014 requesting clarification of the Hazardous Material Regulations (HMR; 49 CFR Parts 171-180) applicable to the classification of an engine with an installed Class 1 component. The installed component is classed as "UN0325, Igniter, 1.4G" and assigned the Department of Transportation (DOT) approval number EX-2005010294. Specifically, you ask if the basic description "UN3166, Engine, internal combustion, flammable liquid powered, Class 9" is appropriate and ask for confirmation that the engine with installed igniter would be eligible for the provisions of § 173.220(f)(1) as the igniter is both an integral component of the engine and required for operation of the engine. In addition, you note that § 173.220(h)(1) exempts engines from placarding requirements when transported domestically by ground and request clarification on the required hazard communication for international air transport of this engine. Under §173.56(i) of the HMR, the Associate Administrator for Hazardous Materials Safety may specify a classification or except an explosive material from the requirements of the HMR. In the scenario described, the AA has determined that a 1.4G igniter that is an integral part of the combustion engine does not pose a hazard requiring an approval and may be excepted if the requirements of § 173.220(f)(1) are met. Provided the 1.4G igniter is an integral component of the engine and necessary for the operation of the engine in accordance with § 173.220(f)(1), the basic description "UN3166, Engine, internal combustion, flammable liquid powered, Class 9" would be appropriate. This decision is limited to the facts you presented in your letter. The requirements of the HMR apply to all modes of transportation. For domestic transportation to the airport of departure by motor vehicle or rail car, provided the fuel tank is securely closed, the engine is not subject to any other requirements under the HMR (e.g., shipping papers, labeling, marking, placarding, or emergency response information). Subpart C of Part 171, authorizes the use of the ICAO Technical Instructions for the Safe Transport of Dangerous Goods by Air (TI) if any portion of the transportation is by aircraft. Under the ICAO TI, Packing Instruction 950 provides that dangerous goods required for the operation#

Page 19the scenario in question and should not be construed to be generally applicable. I hope this information is helpful. If you have further questions, please do not hesitate to contact this office. Sincerely, show CHay Shane C. Kelley Acting International Standards Coordinator Standards and Rulemaking Division#

Page 20Administration CLASSIFICATION OF EXPLOSIVES Based upon a request by Pacific Scientific, 3601 Union Road, Hollister, CA, the following items are classed in accordance with Section 173.56, Title 49, Code of Federal Regulations (49 CFR). A copy of your application, all supporting documentation and a • copy of this approval must be retained and made available to DOT upon request. U.N. PROPER SHIPPING NAME AND NUMBER: Igniters, UN0325 U.N. CLASSIFICATION CODE: 1.4G REFERENCE NUMBER EX2005010294 PRODUCT DESIGNATION/PART NUMBER 15936-05 NOTES: The following packaging method is assigned: Inner Packaging - Bag, foil, each containing one igniter pre-wrapped in plastic bubble wrap. Outer Packaging - UN 4G fiberboard box, each containing not more than fifty (50) inner packagings. DATED: January 26, 2005 Approved by: *Robert A. McGuire Associate Administrator Hazardous Materials: Tracking No: 2005010331 Page 1 of 1#

Page 21Hello, This is to obtain a Formal Letter of Interpretation for the classification of a shipment of a UN3166 Engine, Internal Combustion, Flammable liquid Powered with two UN0325 1.4G Igniter and a UN0275 1.3C Cartridge, Power Device installed. Please help with providing information for this domestic shipment. Shipment: UN3166 Class 9 Engine, internal combustion, flammable liquid powered. On this engine is fixed and installed, grounded and shielded two_UN0325, Igniter 1.4G (REFERENCE NUMBER EX2005010294) and a UN0275, Cartridge, Power Device (REFERENCE NUMBER EX2008010116) these are fixed components required for the operation of the engine. Per 49 CFR 173.220(h)(1), Internal Combustion Engines are not subject to the Hazardous Materials Regulations, including placarding rules, when shipped by ground in the US and prepared in accordance with 49 CFR 173.220. With respect to the Igniter and Cartridge, Power Device, see 49 CFR 173.220(f)(1): "Items containing hazardous materials... that are integral components of the motor vehicle, engine, or mechanical equipment and are necessary for the operation of the vehicle, engine, or mechanical equipment. must be securely installed in the motor vehicle, engine, or mechanical equipment. Such items are not otherwise subject to the requirements of this subchapter." The Two Igniter and One Cartridge, Power Device will be securely installed to the engine. The two Igniters will have Protective Fraday Cap-Shorting Device installed to provide a ground path from all connector contacts to ground to prevent actuation from High Energy Frequency Fields and Electrostatic Discharge while in storage or transporting. The Cartridge will have a Shunt between the wires preventing any connections and a Shielding Cap attached for storage or transporting, these protective devices will not be removed until the engine is installed on vehicle. Per IATA UN3166 Packing instruction 950(d)(1)(2): Other operational equipment These dangerous good UNO325, Igniter 1.4G and UN0275, Cartridge, Power Device would not be required to be reported on the Dangerous Goods Documents and this shipment would be shipped as a UN3166 Class 9 Engine, Internal Combustion, Flammable Liquid Powered. In light of the above information please advise if this shipment can be made using UN3166 Engine, Internal Combustion, Flammable Liquid Powered,9? Please see attachments for additional information. Thank you in advance for help!!!! Stan Harrison Team Leader 1#