West Marine Products — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Washington, D.C. 4oas Singeon, S.C. Research and Administration Special Programs APR 2 0 2001 Mr. Todd Nash Ref. No: 01-0085 Hazardous Materials Manager West Marine Products • 860 Marine Drive Rock Hill, SC 29730-8089 Dear Mr. Nash: This is in response to your letter of March 27, 2001, requesting clarification of requirements for transporting an internal combustion engine under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically you ask if a used outboard engine that does not have internal gas tanks and thus no "cap" that can be securely closed may be transported under the provisions of § 173.220 if it contains less than 17 ounces of fuel. If such an engine were placed on its side or placed upside down there is the potential for fuel to leak out of the engine. The answer is no. When transported as "Engine, internal combustion, 9, UN3166," the engine must meet the packaging provisions of § 173.220. Section 173.220(b)(1) requires a fuel tank containing a flammable liquid fuel to be drained and securely closed. Up to 500 ml (17 ounces) of residual fuel may remain in the tank engine, components, or fuel lines provided they are securely closed to prevent leakage of fuel during transportation. The engine you describe has no means of being securely closed and has the potential to leak fuel in certain orientations. If there is no means to prevent the leakage of fuel, an engine such as you describe must be classed for the fuel contained therein (e.g., gasoline) and be placed in a packaging that is authorized for its transportation. The alternative is to completely clean and purge the engine; if no gasoline or residue remains in the engine, the HMR do not apply to its transportation. I hope this information is helpful. Sincerely, 'JohnA. Gale Transportation Specialist Office of Hazardous Materials Standards 173.220#

Page 204/04/01. WED 08:17 FAX 803 , 909 6101 WEST MARINE 4002 860 Marine Drive Telephone (803) 909-6099 Rock Hill, SC 29730-8089 LaValle Fax (803) 909-6101 §173.220(b) Petsidue/ March 27, 2001 Ms. Diane LaValle Applicability U.S. Department of Transportation Research & Special Programs Administration (DHM-10) 01 0085 400 7% Street, S.W. Washington, DC 20590-0001 Re: 173.220(b)(1) Dear Ms. LaValle: Per our telephone discussion today, I am requesting an official letter of interpretation from your office on the following scenario. A used outboard engine or other device containing an internal combustion engine is being prepared for shipment. Said devices are fueled via external tanks and do not have internal gas tanks. As such, these devices do not have a "cap" that can be securely closed. These devices do have fuel lines and float bowls which contain less than 17 ounces of fuel residue. The manufacturer has explained that such carburetor based engines with these fuel lines and float bowls would have the potential for fuel leakage if placed on its side or placed upside down. Based on this scenario: 1. Can you please clarify your intent in 173.220(b)(1) regarding "securely closed?" 2. Would the devices mentioned above qualify as securely closed? 3. Would these devices qualify for the exceptions in this section since they have less than 17 ounces of fuel? 4. What would the shupper of these devices need to do in order to qualify for the exception? I look forward to your response. Should you have any questions or require additional information, please do not hesitate to contact me at (803) 909-6064. Very truly yours, Todd A. Nash Hazardous Materials Manager West Marine Products Inc. ₩ West Marine Products#

Page 3* 860 Marine Drive Telephone (803) 909-6099 Rock Hill, SC 29730-8089 Fax (803) 909-6101 March 27, 2001 Ms. Diane LaValle U.S. Department of Transportation Research & Special Programs Administration (DHM-10) 400 7h Street, S.W. Washington, DC 20590-0001 Re: 173.220(b)(1) Dear Ms. LaValle: Per our telephone discussion today, I am requesting an official letter of interpretation from your office on the following scenario. A used outboard engine or other device containing an internal combustion engine is being prepared for shipment. Said devices are fueled via external tanks and do not have internal gas tanks. As such, these devices do not have a "cap" that can be securely closed. These devices do nave tuel lines and float bowls which contain less than 17 ounces of fuel residue. The manutacturer has explained that such carburetor based engines with these fuel lines and float bowls would have the potential for fuel leakage if placed on its side or placed upside down. Based on this scenario: 1. Can you please clarify your intent in 173.220(b)(1) regarding "securely closed?" 2. Would the devices mentioned above qualify as securely closed? 3. Would these devices qualify for the exceptions in this section since they have less than 17 ounces of fuel? 4. What would the shipper of these devices need to do in order to qualify for the exception? I look forward to your response. Should you have any questions or require additional information, please do not hesitate to contact me at (803) 909-6064. Very truly yours, Todd A Mak Todd A. Nash Hazardous Materials Manager West Marine Products Inc. • West Marine Products#