# Defense Logistics Agency — Hazardous Materials Safety Interpretation **Citation:** 99-0082 **Type / status:** guidance / guidance **Agency:** Pipeline and Hazardous Materials Safety Administration **Effective:** Not stated **Published:** 1999-04-22 99-0082 response to Defense Logistics Agency concerning 173.220. ## Document text <<>> of Transportation U.S. Department Washington, D.C 400 Seventh Street, S.W. 20590 Research and Administration Special Programs APR 2 2 1999 Mr. James O. Rimel, Sr. Chief, Distribution Operations Ref. No. 99-0082 Defense Logistics Agency Defense Distribution Center 2001 Mission Drive New Cumberland, PA 17070 Dear Mr. Rimel: This responds to your letter of March 24, 1999; concerning requirements for shipment of motor vehicles containing fire extinguishers or other hazardous materials under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180): Specifically, you ask whether a fire extinguisher may be mounted in the motor vehicle during shipment and shipped under the provisions of § 173.220 (g) of the HMR. Section 173,220 was recently revised. In a final rule published March 5, 1999, under Docket HM-215C, S 173.220 (d) was amended to provide an exception from the requirements of the HMR for fire extinguishers, compressed gas accumulators, safety devices, and other hazardous materials that are integral components of a motor vehicle, engine, or equipment and are necessary to operate the equipment or for the safety of its operator or passengers. Such hazardous materials must be securely installed in the motor vehicle, engine, or mechanical equipment, but are not otherwise subject to the requirements of the HMR. The changes become effectiye on October 1, 1999. authorized. Immediate voluntary compliance is Enclosed for your information are the pages from the Federal Register publication that contain the revised text for $ 173.220. You can view the complete final rule by accessing the hazardous materials safety home page at 990082 173.220 <<>> "http://hazmat.dot.gov." If you do not have Internet access, you can call the Hazardous Materials Information Center at 1-800-467-4922 to obtain a copy. I hope this information is helpful. If you have further questions, please do not hesitate to contact this office. Sincerely, orin A. Allan Thomas G. Allan Senior Transportation Regulations Specialist Office of Hazardous Materials Standards Enclosure <<>> 10778 Federal Register / Vol. 64, No. 43/Friday, March 5, 1999/ Rules and Regulations packaging with sufficient cushioning they must be packed in the outer § 173.220 self-propelled vahicles, mechanical Internal combustion engines, operating or inoperative, when used for material to prevent breakage. equipment containing Internal combustion loaded on flat cars as part of a joint rail the transportation of other freight and outer packagings must have inner (4) Elther the inner packagings or the equipment. engines, and battery powerad vehicles or and highway movement, provided the linings or bags of strong leakproof and (a) Applicability. An internal equipment and fuel supply conform to to mercury, completely surrounding the puncture-resistant material impervious combustion engine, self-propelled subchapter. the requirements of § 177.834(1) of this will be prevented irrespective of the contents, so that the escape of mercury vehicle, mechanized equipment containing an internal combustion flammable liquid fuel greater than 500 (4) Modal exceptions. Quantities of equipment is subject to the engine, or a battery powered vehicle or position of the package. propelled vehicles and mechanical mi (17 ounces) may remain in self- requirements of this subchapter when transported as cargo on a transport equipment only under the following §173.164 [Amended] vehicle, vessel, or aircraft if— conditions: paragraph (c) introductory text, the 46. In addition, in § 173.164, in (I) The engine or fuel tank contains a or rail car, the fuel tanks must be (l) For transportation by motor vehicle wording "not more than 100 mg (0.0035 liquid or gaseous fuel. An engine may be considered as not containing fuel securely closed. ounce)" is removed. when the fuel tank, engine components, and fuel lines have been completely shipment must conform to § 176.905 of (il) For transportation by vessel, the last sentence is revised to read as 47. In § 173.166, in paragraph (c), the drained, suffictently cleaned of residue, this subchapter. follows: and purged of vapors to remove any designed or modified for vehicle ferry (ill) For transportation by aircraft modules and seat-belt pretensioners. $ 173.166 Air bag inflators, air bag held in any orientation will not release potential hazard and the engine when to § 175.305 of this subchapter. operations, the shipment must conform * any liquid fuel; (2) It is equipped with a wet electric Wet batterles must be securely installed (c) Wet battery powered or installed. product code on the outside package is (c) * * * Marking the EX number or spillable battery; or storage battery other than a non- and fastened in an upright position. not required. (3) Except as provided in paragraph circuits and leakage or removed and Batterles must be protected against short * * * (d) (1) of this section, it contains other hazardous materials subject to the packaged separately under § 173.159. § 173.166 (Amended) • requirements of this subchapter. Battery powered vehicles, machinery or following changes are made: 48. In addition, in § 173.166, the (b) Requirements. Unless otherwise equipment including battery powered excepted in paragraph (b) (4) of this wheelchairs and mobility alds are sentence, the wording "a booster a. In paragraph (a), in the first section, vehicles, engines and subchapter when transported by rail, excepted from the requirements of this and "a booster material, a gas generant material and a gas generant" is removed equipment are subject to the following reautrements. highway or vessel. (1) Flammable liquid fuel. A fuel tank Items of equipment containing (d) Other hazardous materials. (1) (cylinder)" is added in its place. and, in some cases, a pressure vessel be drained and securely closed, except containing a flammable liquid fuel must: hazardous materials, fire extinguishers, the wording b. In paragraph (b) introductory text, that up to 500 ml (17 ounces) of residual compressed gas accumulators, safety removed and "as Class 9 (UN3268) or "as Class 9 only" is fuel may remain in the tank, engine devices and other hazardous materials components, or fuel lines provided they which are integral components of the Division 2.2 (UN3353)" is added in its are securely closed to prevent leakage of equipment and are necessary for the motor vehicle, engine or mechanical "second revised edition, 1995" is c. In paragraph (b) (2), the wording propelled vehicles containing diesel fuel during transportation. Self- operation of the vehicle, engine or tuel are excepted from the requirement operator or passengers must be securely equipment, or for the safety of its "as Class 9" is removed and "as Class d. In paragraph (b) (3) (il), the wording to drain the fuel tanks, provided that sufficient ullage space has been left installed in the motor vehicle, engine or inside the tank to allow fuel expansion not otherwise subject to the mechanical equipment. Such items are 9 or Division 2.2" is added in Its place. sentence, the wording "to the inflator" e. In paragraph (c), in the second without leakage, and the tank caps are securely closed requirements of this subchapter. (2) Flammable liquefied or packaged and transported in accordance (2) Other hazardous materials must be is removed and "to the inflator, module" is added in its place. systems containing flammable liquefied compressed gas fuel. Fuel tanks and fuel with the requirements of this sentence, the wording "or NON- f. In paragraph (f), in the first or compressed gas fuel must be securely closed. For transportation by water, the paragraph (d) (2) of this section, (e) Exceptions. Except as provided in immediately following the wording FLAMMABLE GAS" is added requirements of S 176.78(k) and 176.905 of this subchapter apply. For shipments made under the provisions of "CLASS 9" fuel system must be emptied and transportation by air, the fuel tank and (1) Are not subject to any other §173.196 [Amended] securely closed or must be removed, requirements of this subchapter, for In the first sentence, the wording "An 49. In S173.196, paragraph (a) (1) (it), packaged and transported in accordance transportation by motor vehicle or rail absorbent material" is removed and the requirements of this subchapter. (3) Truck bodies or trailers on flat (2) Are not subject to the requirements "When the primary receptacle contains cars-flammable liquid or gas powered. labeling and placarding, respectively) of of subparts D, E and F (marking, liquids, an absorbent material" is added in its place. Truck bodies or tratlers with automatic heating or refrigerating equipment of the of this subchapter (emergency response part 172 of this subchapter or $ 172.604 as follows: 50. Section 173.220 is revised to read flammable liquid type may be shipped with fuel tanks filled and equipment. telephone number) for transportation by vessel or aircraft. For transportation by <<>> Federal Register/Vol. 64, No. 43/Friday, March 5, 1999/Rules and Regulations 10779 aircraft, all other applicable requirements of this subchapter, §173.222 Dangerous goods in aquipment, machinery or apparatus. of this subchapter, unless otherwise conform to the applicable requirements response information, notification of Including shipping papers, emergency apparatus are excepted from the Hazardous materials in machinery or Administrator for Hazardous Materials approved by the Associate pilot-in-command, general packaging requirements, and the requirements this subchapter when packaged specification packaging requirements of Safety. specified in S 173.27 must be met. For according to this section. Hazardous total net quantity of hazardous materials (c) For transportation by aircraft, the exceptions are specified in S 176.905 of transportation by vessel, additional materials in machinery or apparatus must be packaged in strong outer machinery or apparatus must not exceed contained in one item of equipment, this subchapter. 51. Section 173.221 is revised to read packagings, unless the receptacles containing the hazardous materials are the following: as follows: afforded adequate protection by the (1) 1 kg (2.2 pounds) in the case of § 173.221 Polymeric beads, expandable construction of the machinery or and Plastic molding compound. apparatus. Each package must conform (2) 0.5 L (0.3 gallons) in the case of (a) Non-bulk shipments of Polymeric to the packaging requirements of beads (or granules), expandable, subpart B of this part, except for the Division 2.2 gases; and (3) 0.5 kg (1.1 pounds) in the case of molding compound in dough, sheet or evolving flammable vapor and Plastic 173.27(e), and the following requirements in §S 173.24(a) (1) and the aggregate of that permitted in (4) A total quantity of not more than extruded rope form, evolving flammable requirements: vapor must be packed in: wooden (4C1 • (a) If the equipment, machinery or paragraphs (c)(1) through (c) (3) of this oT 4C2), plywood (4D). fiberboard (4G). apparatus contains more than one the package, when a package contains section, for each category of material in reconstituted wood (4F) boxes, plywood hazardous material, the materials must drums (ID) or fiber drums (1G) with not be capable of reacting dangerously the categories in paragraphs (c)(1) hazardous materials in two or more of sealed inner plastic liners; in vapor tight together. metal or plastic drums (IA1, 1A2, 1B1, (b) The nature of the containment through (c)(3) of this section and is 1B2, 1H1 or 1H2); or packed in non- must be as follows offered for transportation by aircraft. specification packagings when (1) Damage to the receptacles hazardous materials in two or more of (d) When a package contains transported in dedicated vehicles or containing the hazardous materials freight containers. The packagings need during transport is unlikely. However, the categorles listed in paragraphs (c) (1) not conform to the requirements for in the event of damage to the receptacles quantity required by 5 172.202(c) of this through (c) (3) of this section, the total subchapter, but must be capable of package testing In part 178 of this leakage of the hazardous materials from containing the hazardous materials, no shipping paper, must be the aggregate subchapter to be entered on the containing any evolving gases from the contents during normal conditions of transportation: is possible. A leakproof liner may be the equipment, machinery or apparatus used to satisfy this requirement. expressed as net mass. quantity of all hazardous materials, beads (or granules), expandable, (b) Bulk shipments of Polymeric materials must be secured and:: (2) Receptacles containing hazardous §173.224 [Amended] evolving flammable vapor or Plastic cushioned so as to prevent their text of paragraph (c) (3), the word 53. In S 173.224, in the Introductory molding compounds in dough, sheet or extruded rope, evolving flammable breakage or leakage and so as to control "product" is added immediately before vapor may be packed in non- machinery or apparatus during normal their movement within the equipment. the word "evaluation". specification bulk packagings. Except conditions of transportation. Cushioning the Organic Peroxides Table, entries are 54. In § 173.225, in paragraph (b), in bulk packagings must be capable of for transportation by highway and rail, with the content of the receptacles. Any material must not react dangerously removed or added in the appropriate containing any gases evolving from the alphabetical order, to read as follows: contents during normal conditions of leakage of the contents must not transportation. substantially impair the protective properties of the cushioning material. § 173.225 Packaging requiraments and other provisions for organic paroxides. 52. Section 173.222 is revised to read (3) Receptacles for gases, their * * * as follows: * contents and filling densitles must (b) * * ORGANIC PEROXIDE TABLE Technical name ID number centra- Соп- Diluent Mass (%) (mass %) ton A (mass %) Water method Packing Temperaturo (°C) Control Emergency Note (1) (2) (3) (4a) (4b) (4c) (5) (8) (7a) (7b) (8) (REMOVE:) Dibenzoyi peroxide [as a paste) Exempt 550 214 • 218 Exempt [ADD:) • Isopropyl sec buty! peroxydicarbonate (and) Di. UN3115 ..... $32 (and) Di-isopropyl sec-butyl peroxydi-carbonate + 512-15 + 515-18 238 •OPT - 20 • - 10 peroxydicarbonate. <<>> DEF DEFENSE LOGISTICS AGENCY DEFENSE DISTRIBUTION CENTER 2001 MISSION DRIVE Gorsky NEW CUMBERLAND, PA 17070-5000 §173.220 IN REPLY 99-0082 REFER TO DDC-TO MAR 2 4 1A9 MEMORANDUM FOR DEPARTMENT OF TRANSPORTATION ATTN: EDWARD MAZZULLO SUBJECT: Usé of 49 CRF Exception for Motor Vehicle Shipments ta Request clarification and guidance on shipment of motor vehicles containing fire extinguishers or other hazardous materials. In these cases, the motor vehicle is the cargo being shipped. The mode of shipment may be rail or highway. A suggestion was made that when shipping these vehicles, the fire extinguisher should be mounted in the normal location in the vehicle. It was stated that this would allow the use of 49 CFR exception 173.220 (G)(1) and preclude the requirement for vehicle or fire extinguisher certification. Furthermore, it was suggested that other hazardous materials that may occur in any vehicles be handled the same way: Our research indicates that fire extinguishers must be shipped as an inner packaging per 173.309 (a)(2). The vehicle itself cannot be considered an outer packaging. In addition, fire extinguishers must be described in the shipping papers. Other hazardous materials would be subject to the requirements of 49 CFR, subchapter C as stated in 173.220 (f). We find that exception 173.220 (G) (1) does not provide relief from the two above requirements. Does any other 49 CFR exception apply? We are awaiting your reply. We will issue policy guidance based on DOT requirements. In the interim, we have notified all Defense Depots that using exception 49 CFR 173.220 (G)(1) does not allow the inclusion of fire extinguishers or other hazardous materials in vehicle shipments. POCs for this matter are Susan Earle, DSN 977-8353 (com 717-770-8353), email Imccarthy@ddc.dla.mil. searle @ddc.dla.mil and Linda McCarthy, DSN 977-8238 (com 717-770-8238), email Chief, Distribution Operations Federal Recycling Program Printed on Recycled Paper ## Provenance - Official: Yes - Source: - Source ID: `phmsa` - SHA-256: `7ca41a35d3a57d1d70c3baa353dcc7015de30227acac771593fba5146e3d5cea` - Retrieved: 2026-08-20T00:59:31.977Z - Exported: 2026-08-23T05:13:41.132Z - Document slug: `phmsa-interpretation-99-0082` ### Source metadata ```json { "materialSubtype": "interpretation", "interpretationArea": "hazardous_materials", "representation": "full_text_from_official_pdf", "companies": [ "Defense Logistics Agency" ], "individuals": [ "Mr. James 0. 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