Generac Power Systems, Inc. — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration March 28, 2023 Mr. Steven Charles Global Transportation Manager Generac Power Systems, Inc. 245 Lasa Drive, Unit 307 St. Augustine, FL 32084 Reference No. 22-0135 Dear Mr. Charles: This letter is in response to your December 13, 2022, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to lithium ion battery powered ride-on lawn mowers. In your email, you describe a lithium ion battery powered lawn mower commonly referred to as a “zero-turn” mower. Specifically, you ask whether your zero-turn mower may be described as “UN3171, Battery-powered vehicle, 9” and transported under the provisions of § 173.220. The answer is yes. The entry “UN3171, Battery-powered vehicle or Battery-powered equipment” applies to the transportation of battery-powered machinery and equipment equipped with wet batteries (including non-spillable batteries), sodium batteries, or lithium batteries. Requirements for transporting machinery or equipment containing lithium batteries are specified in § 173.220(c) and (d). As described in § 173.220(c), batteries must be securely fastened in the battery holder of the vehicle, engine, or mechanical equipment, and be protected in such a manner as to prevent damage and short circuits. Battery-powered vehicles, machinery, or equipment including battery-powered wheelchairs and mobility aids are not subject to any other requirements of the HMR—except § 173.21 (Forbidden material and packages)—when transported by rail, highway, or vessel. I hope this information is helpful. Please contact us if we can be of further assistance. Sincerely, 1200 New Jersey Avenue, SE Washington, DC 20590 T. Glenn Foster Chief, Regulatory Review and Reinvention Branch Standards and Rulemaking Division#

Page 2Pollack 22-0135 From: INFOCNTR (PHMSA) To: Subject: Date: Dodd, Alice (PHMSA); Hazmat Interps FW: Request for Letter of Interpretation Tuesday, December 13, 2022 4:49:29 PM Attachments: 130162 (1).pdf RIDE ON MOWER POWERED BY LI-ION BATTERY.docx Hi Alice and team, Please see the LOI request below. Thank you. Rachel (HMIC) From: Stephen Charles <Stephen.Charles@generac.com> Sent: Tuesday, December 13, 2022 11:42 AM To: INFOCNTR (PHMSA) <INFOCNTR.INFOCNTR@dot.gov> Cc: Tyler Wormus <Tyler.Wormus@meangreenproducts.com> Subject: Request for Letter of Interpretation CAUTION: This email originated from outside of the Department of Transportation (DOT). Do not click on links or open attachments unless you recognize the sender and know the content is safe. Dear Sir/Madam: We are requesting a formal letter of interpretation of the requirements in the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180), similar to the one that your department issued to John Deere company in July 2013 (attached). A formal interpretation is needed to clarify if 173.220 (c) is applicable to zero turn, ride on mowers powered by a lithium ion battery. The lithium ion battery is the sole source of power for the ride on mower. There is no internal combustion engine or other power source. A photo of our ride on mower is included. The batteries are secured from movement, protected from short circuiting and isolated through a controller (Battery Management system) to prevent activation when not in use. Discussion has taken place with PHMSA Info Center personnel regarding the potential applicability of 173.220 (c) and verbally, they did confirm this. We are seeking a formal interpretation, based on HMR regulations as they apply today. Sincerely Steve Charles Steve Charles Global Transportation Manager- International#

Page 3Global Logistics Generac Power Systems, Inc. 245 Lasa Drive, Unit 307 St.Augustine, FL.32084 Cell Phone: 262-289-5969#

Page 4U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue, SE Washington, D.C. 20590 OCT 1 8 2013 Mr. Mike Moetsch Manager DG/HM Transportation & Phytosanitary Measures Deere & Company WW Supply Management Compliance 3400 801h Street Moline, IL 61265 Reference No.: 13-0162 Dear Mr. Moetsch This is in response to your August 6, 2013 email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the transportation of tow behind agricultural equipment or machinery containing lead acid batteries but not containing an internal combustion engine or electric motor for propulsion or power source. You state that these batteries are required to provide additional power in instances when the power unit does not have sufficient electrical power and also function as a back-up power source to prevent accidental shutdown during operations. Specifically, you ask if this equipment could be classed as "UN3171, Battery-powered equipment" and whether the provisions of § 173 .220( c) would apply to this equipment or machinery. The answer is yes. The entry "UN3171, Battery-powered equipment" applies to the transportation of battery-powered machinery and equipment equipped with a wet battery (including a non-spillable battery), a sodium battery or a lithium battery. Requirements for transporting machinery or equipment containing a wet electric storage battery (e.g., lead acid batteries) are set forth in§ 173.220(c). The battery must be securely installed, fastened in an upright position, and protected against short circuits and leakage. When transported by rail, highway, or vessel, shipments conforming to the requirements in§ 173.220(c) are not subject to the requirements of the HMR except for those described in § 173.21. When transported by aircraft, shipments conforming to the requirements in§ 173.220(c) are excepted from marking, labeling, placarding, and emergency response telephone number requirements as provided in§ 173.220(h)(2), however, all other applicable requirements of the HMR apply, including shipping papers and emergency response information, notification of pilot-in- command, general packaging requirements, and the requirements specified in§ 173.27. I trust this information is helpful. If you have further questions, please do not hesitate to contact this office. 711111-- Delmer Billings ~ Senior Regulatory Advisor Standards and Rulemaking Division#

Page 5IAtievle r ~ /1:3.:220 [ej Drakeford, Carolyn (PHMSA) From: Sent: To: Subject: INFOCNTR (PHMSA) Tuesday, August 06, 2013 4:57PM Drakeford, Carolyn (PHMSA) FW: Formal Letter of Interpretation Requested Hi Carolyn, This caller requested we submit this e-mail as a formal letter of interpretation. Thanks, Victoria From: Moetsch Michael P [mailto:MoetschMichaeiP@JohnDeere.com] Sent: Tuesday, August 06, 2013 1:38 PM To: INFOCNTR (PHMSA) Cc: Moetsch Michael P; Trumbull Timothy D; Meierotto Connie Subject: Formal Letter of Interpretation Requested Office of Hazardous Materials Standards Pipeline and Hazardous Materials Safety Administration August 6, 2013 Dear Sir/Madam: I am requesting a formal Letter of Interpretation of the requirements in the Hazardous Materials Regulations (HMR: 49 CFR Parts 171 - 180). A formal interpretation is needed to clarify if 173.220 (c) is applicable to tow behind agricultural equipment or machinery where the equipment or machinery includes lead acid batteries but does not have an internal combustion engine or electric motor for propulsion or power source? In addition does this equipment or machinery meet the definition of (battery-powered equipment or machinery) as listed in 173.220 (c)? The batteries are secured from movement, protected from short circuiting and isolated through a controller to prevent activation when not in use. These batteries are required to provide additional power in instances when the power unit does not have sufficient electrical power and are also a back-up power source to prevent accidental shutdown during operations. Discussion has taken place with PHMSA Info Center personnel regarding the potential applicability of 173.220 (c). Two Letters of Interpretation 02-0229 and 11-0150 were reviewed for possible clarification. Neither Letter of Interpretation closely resembles our scenario. Both interpretations focus on equipment or machinery with an internal combustion engine or electric motor for propulsion or an internal combustion engine as a power source. Sincerely, Mike Moetsch Deere &. Company WW Supply Management Compliance Manager DG/HM Transportation&. Phytosanitary Measures 3400 80th Street, Moline, IL 61265 Phone: 309-765-3552 Cell: 309-716-6025 1#

Page 6Fax: 309-749-3958 MoetschMichaeiP@JohnDeere.com CONFIDENTIALITY. This message, including attachments, may be confidential. If you believe the message was sent to you in error, do not read the contents and please reply to the sender that you have received the message in error. If you are not the intended recipient, retention, dissemination, distribution, or copying of the communication is strictly prohibited. Thank you. 2#