{"operation":"document","citation":"01-0085","title":"West Marine Products — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2001-04-20","effective_on":null,"summary":"01-0085 response to West Marine Products concerning 173.220.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-01-0085.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-01-0085.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-01-0085","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2001/010085.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nWashington, D.C.\n4oas Singeon, S.C.\nResearch and\nAdministration\nSpecial Programs\nAPR 2 0 2001\nMr. Todd Nash\nRef. No: 01-0085\nHazardous Materials Manager\nWest Marine Products\n• 860 Marine Drive\nRock Hill, SC 29730-8089\nDear Mr. Nash:\nThis is in response to your letter of March 27, 2001, requesting clarification of requirements for\ntransporting an internal combustion engine under the Hazardous Materials Regulations (HMR; 49 CFR\nParts 171-180). Specifically you ask if a used outboard engine that does not have internal gas tanks\nand thus no \"cap\" that can be securely closed may be transported under the provisions of § 173.220 if\nit contains less than 17 ounces of fuel. If such an engine were placed on its side or placed upside down\nthere is the potential for fuel to leak out of the engine.\nThe answer is no. When transported as \"Engine, internal combustion, 9, UN3166,\" the engine must\nmeet the packaging provisions of § 173.220. Section 173.220(b)(1) requires a fuel tank containing a\nflammable liquid fuel to be drained and securely closed. Up to 500 ml (17 ounces) of residual fuel may\nremain in the tank engine, components, or fuel lines provided they are securely closed to prevent\nleakage of fuel during transportation. The engine you describe has no means of being securely closed\nand has the potential to leak fuel in certain orientations.\nIf there is no means to prevent the leakage of fuel, an engine such as you describe must be classed for\nthe fuel contained therein (e.g., gasoline) and be placed in a packaging that is authorized for its\ntransportation. The alternative is to completely clean and purge the engine; if no gasoline or residue\nremains in the engine, the HMR do not apply to its transportation.\nI hope this information is helpful.\nSincerely,\n'JohnA. Gale\nTransportation Specialist\nOffice of Hazardous Materials Standards\n173.220\n\n<<<PAGE 2>>>\n\n04/04/01.\nWED\n08:17 FAX 803\n, 909\n6101\nWEST MARINE\n4002\n860 Marine Drive\nTelephone (803) 909-6099\nRock Hill, SC 29730-8089\nLaValle\nFax (803) 909-6101\n§173.220(b)\nPetsidue/\nMarch 27, 2001\nMs. Diane LaValle\nApplicability\nU.S. Department of Transportation\nResearch & Special Programs Administration (DHM-10)\n01 0085\n400 7% Street, S.W.\nWashington, DC 20590-0001\nRe: 173.220(b)(1)\nDear Ms. LaValle:\nPer our telephone discussion today, I am requesting an official letter of interpretation from your\noffice on the following scenario.\nA used outboard engine or other device containing an internal combustion engine is being\nprepared for shipment. Said devices are fueled via external tanks and do not have internal gas\ntanks. As such, these devices do not have a \"cap\" that can be securely closed. These devices do\nhave fuel lines and float bowls which contain less than 17 ounces of fuel residue. The\nmanufacturer has explained that such carburetor based engines with these fuel lines and float\nbowls would have the potential for fuel leakage if placed on its side or placed upside down.\nBased on this scenario:\n1. Can you please clarify your intent in 173.220(b)(1) regarding \"securely closed?\"\n2. Would the devices mentioned above qualify as securely closed?\n3. Would these devices qualify for the exceptions in this section since they have less\nthan 17 ounces of fuel?\n4. What would the shupper of these devices need to do in order to qualify for the\nexception?\nI look forward to your response. Should you have any questions or require additional\ninformation, please do not hesitate to contact me at (803) 909-6064.\nVery truly yours,\nTodd A. Nash\nHazardous Materials Manager\nWest Marine Products Inc.\n₩ West Marine Products\n\n<<<PAGE 3>>>\n\n* 860 Marine Drive\nTelephone (803) 909-6099\nRock Hill, SC 29730-8089\nFax (803) 909-6101\nMarch 27, 2001\nMs. Diane LaValle\nU.S. Department of Transportation\nResearch & Special Programs Administration (DHM-10)\n400 7h Street, S.W.\nWashington, DC 20590-0001\nRe: 173.220(b)(1)\nDear Ms. LaValle:\nPer our telephone discussion today, I am requesting an official letter of interpretation from your\noffice on the following scenario.\nA used outboard engine or other device containing an internal combustion engine is being\nprepared for shipment. Said devices are fueled via external tanks and do not have internal gas\ntanks. As such, these devices do not have a \"cap\" that can be securely closed. These devices do\nnave tuel lines and float bowls which contain less than 17 ounces of fuel residue. The\nmanutacturer has explained that such carburetor based engines with these fuel lines and float\nbowls would have the potential for fuel leakage if placed on its side or placed upside down.\nBased on this scenario:\n1. Can you please clarify your intent in 173.220(b)(1) regarding \"securely closed?\"\n2. Would the devices mentioned above qualify as securely closed?\n3. Would these devices qualify for the exceptions in this section since they have less\nthan 17 ounces of fuel?\n4. What would the shipper of these devices need to do in order to qualify for the\nexception?\nI look forward to your response. Should you have any questions or require additional\ninformation, please do not hesitate to contact me at (803) 909-6064.\nVery truly yours,\nTodd A Mak\nTodd A. Nash\nHazardous Materials Manager\nWest Marine Products Inc.\n• West Marine Products","truncated":false,"body_characters":5287}