{"operation":"document","citation":"22-0135","title":"Generac Power Systems, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2023-03-28","effective_on":null,"summary":"22-0135 response to Generac Power Systems, Inc. concerning 173.220.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-22-0135.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-22-0135.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-22-0135","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/2026-05/22-0135.pdf","body":"<<>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\nMarch 28, 2023\nMr. Steven Charles\nGlobal Transportation Manager\nGenerac Power Systems, Inc.\n245 Lasa Drive, Unit 307\nSt. Augustine, FL 32084\nReference No. 22-0135\nDear Mr. Charles:\nThis letter is in response to your December 13, 2022, email requesting clarification of the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to lithium ion\nbattery powered ride-on lawn mowers. In your email, you describe a lithium ion battery\npowered lawn mower commonly referred to as a “zero-turn” mower. Specifically, you ask\nwhether your zero-turn mower may be described as “UN3171, Battery-powered vehicle, 9” and\ntransported under the provisions of § 173.220.\nThe answer is yes. The entry “UN3171, Battery-powered vehicle or Battery-powered\nequipment” applies to the transportation of battery-powered machinery and equipment equipped\nwith wet batteries (including non-spillable batteries), sodium batteries, or lithium batteries.\nRequirements for transporting machinery or equipment containing lithium batteries are specified\nin § 173.220(c) and (d). As described in § 173.220(c), batteries must be securely fastened in the\nbattery holder of the vehicle, engine, or mechanical equipment, and be protected in such a\nmanner as to prevent damage and short circuits. Battery-powered vehicles, machinery, or\nequipment including battery-powered wheelchairs and mobility aids are not subject to any other\nrequirements of the HMR—except § 173.21 (Forbidden material and packages)—when\ntransported by rail, highway, or vessel.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<>>\n\nPollack\n22-0135\nFrom: INFOCNTR (PHMSA)\nTo: Subject: Date: Dodd, Alice (PHMSA); Hazmat Interps\nFW: Request for Letter of Interpretation\nTuesday, December 13, 2022 4:49:29 PM\nAttachments: 130162 (1).pdf\nRIDE ON MOWER POWERED BY LI-ION BATTERY.docx\nHi Alice and team,\nPlease see the LOI request below. Thank you.\nRachel (HMIC)\nFrom: Stephen Charles \nSent: Tuesday, December 13, 2022 11:42 AM\nTo: INFOCNTR (PHMSA) \nCc: Tyler Wormus \nSubject: Request for Letter of Interpretation\nCAUTION: This email originated from outside of the Department of Transportation (DOT). Do\nnot click on links or open attachments unless you recognize the sender and know the content\nis safe.\nDear Sir/Madam:\nWe are requesting a formal letter of interpretation of the requirements in the Hazardous Materials\nRegulations (HMR; 49 CFR Parts 171-180), similar to the one that your department issued to John\nDeere company in July 2013 (attached).\nA formal interpretation is needed to clarify if 173.220 (c) is applicable to zero turn, ride on mowers\npowered by a lithium ion battery. The lithium ion battery is the sole source of power for the ride on\nmower. There is no internal combustion engine or other power source. A photo of our ride on\nmower is included.\nThe batteries are secured from movement, protected from short circuiting and isolated through a\ncontroller (Battery Management system) to prevent activation when not in use.\nDiscussion has taken place with PHMSA Info Center personnel regarding the potential applicability of\n173.220 (c) and verbally, they did confirm this.\nWe are seeking a formal interpretation, based on HMR regulations as they apply today.\nSincerely\nSteve Charles\nSteve Charles\nGlobal Transportation Manager- International\n\n<<>>\n\nGlobal Logistics\nGenerac Power Systems, Inc.\n245 Lasa Drive, Unit 307\nSt.Augustine, FL.32084\nCell Phone: 262-289-5969\n\n<<>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, D.C. 20590\nOCT 1 8 2013\nMr. Mike Moetsch\nManager DG/HM Transportation & Phytosanitary Measures\nDeere & Company WW Supply Management Compliance\n3400 801h Street\nMoline, IL 61265\nReference No.: 13-0162\nDear Mr. Moetsch\nThis is in response to your August 6, 2013 email requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to the transportation of tow\nbehind agricultural equipment or machinery containing lead acid batteries but not containing\nan internal combustion engine or electric motor for propulsion or power source. You state\nthat these batteries are required to provide additional power in instances when the power unit\ndoes not have sufficient electrical power and also function as a back-up power source to\nprevent accidental shutdown during operations. Specifically, you ask if this equipment could\nbe classed as \"UN3171, Battery-powered equipment\" and whether the provisions of\n§ 173 .220( c) would apply to this equipment or machinery.\nThe answer is yes. The entry \"UN3171, Battery-powered equipment\" applies to the\ntransportation of battery-powered machinery and equipment equipped with a wet battery\n(including a non-spillable battery), a sodium battery or a lithium battery. Requirements for\ntransporting machinery or equipment containing a wet electric storage battery (e.g., lead acid\nbatteries) are set forth in§ 173.220(c). The battery must be securely installed, fastened in an\nupright position, and protected against short circuits and leakage. When transported by rail,\nhighway, or vessel, shipments conforming to the requirements in§ 173.220(c) are not subject\nto the requirements of the HMR except for those described in § 173.21. When transported by\naircraft, shipments conforming to the requirements in§ 173.220(c) are excepted from\nmarking, labeling, placarding, and emergency response telephone number requirements as\nprovided in§ 173.220(h)(2), however, all other applicable requirements of the HMR apply,\nincluding shipping papers and emergency response information, notification of pilot-in-\ncommand, general packaging requirements, and the requirements specified in§ 173.27.\nI trust this information is helpful. If you have further questions, please do not hesitate to\ncontact this office.\n711111--\nDelmer Billings ~\nSenior Regulatory Advisor\nStandards and Rulemaking Division\n\n<<>>\n\nIAtievle r\n~ /1:3.:220 [ej\nDrakeford, Carolyn (PHMSA)\nFrom:\nSent:\nTo:\nSubject:\nINFOCNTR (PHMSA)\nTuesday, August 06, 2013 4:57PM\nDrakeford, Carolyn (PHMSA)\nFW: Formal Letter of Interpretation Requested\nHi Carolyn,\nThis caller requested we submit this e-mail as a formal letter of interpretation.\nThanks,\nVictoria\nFrom: Moetsch Michael P [mailto:MoetschMichaeiP@JohnDeere.com]\nSent: Tuesday, August 06, 2013 1:38 PM\nTo: INFOCNTR (PHMSA)\nCc: Moetsch Michael P; Trumbull Timothy D; Meierotto Connie\nSubject: Formal Letter of Interpretation Requested\nOffice of Hazardous Materials Standards\nPipeline and Hazardous Materials Safety Administration\nAugust 6, 2013\nDear Sir/Madam:\nI am requesting a formal Letter of Interpretation of the requirements in the Hazardous Materials\nRegulations (HMR: 49 CFR Parts 171 - 180).\nA formal interpretation is needed to clarify if 173.220 (c) is applicable to tow behind agricultural equipment\nor machinery where the equipment or machinery includes lead acid batteries but does not have an internal\ncombustion engine or electric motor for propulsion or power source? In addition does this equipment or\nmachinery meet the definition of (battery-powered equipment or machinery) as listed in 173.220 (c)?\nThe batteries are secured from movement, protected from short circuiting and isolated through a controller\nto prevent activation when not in use. These batteries are required to provide additional power in instances\nwhen the power unit does not have sufficient electrical power and are also a back-up power source to\nprevent accidental shutdown during operations.\nDiscussion has taken place with PHMSA Info Center personnel regarding the potential applicability of\n173.220 (c). Two Letters of Interpretation 02-0229 and 11-0150 were reviewed for possible\nclarification. Neither Letter of Interpretation closely resembles our scenario. Both interpretations focus on\nequipment or machinery with an internal combustion engine or electric motor for propulsion or an internal\ncombustion engine as a power source.\nSincerely,\nMike Moetsch\nDeere &. Company WW Supply Management Compliance\nManager DG/HM Transportation&. Phytosanitary Measures\n3400 80th Street, Moline, IL 61265\nPhone: 309-765-3552\nCell: 309-716-6025\n1\n\n<<>>\n\nFax: 309-749-3958\nMoetschMichaeiP@JohnDeere.com\nCONFIDENTIALITY. This message, including attachments, may be confidential. If you believe the message was sent to you in error,\ndo not read the contents and please reply to the sender that you have received the message in error. If you are not the intended\nrecipient, retention, dissemination, distribution, or copying of the communication is strictly prohibited. Thank you.\n2\n\n<<>>","truncated":false,"body_characters":9053}