Wegman, Hessler & Vanderburg — Hazardous Materials Safety Interpretation

Page 1f Transportation .S. Departmen 400 Seventh St., S.W. Washington, D.C. 20590 FEB 28 2002 Ref. No. 02-0057 Mr. John J. Geffert Wegman, Hessler & Vanderburg 6055 Rockside Woods BIvd. Cleveland, Ohio 44131-2302 Dear Mr. Geffert: the requirements under the Hazardous Materials Regulations This is in response to your letter requesting clarification of closed" in $ 173.220 (b) (1). You state that your client wishes (HMR; 49 CFR Parts 171-180) regarding the term "securely fuel tank. to transport a subcompact tractor that has a vented cap on the tank to prevent leakage of fuel in the event the tractor does The vented cap contains a valve that seals off the vented cap with not remain upright during transportation. a sealing valve is considered securely closed You ask whether a under the HMR. Section 173.220 (b) (1) and (b) (4) provides the requirements for The term "securely closed," as it applies to the vents in the transporting self-propelled vehicles containing flammable fuel. to escape. cap, means that no flammable gas, vapor or liquid will be able also securing vents in the cap does not satisfy the requirement Securely closing the cap of the fuel tank without in § 173.220. Sections 173.21 (g) and 173.24 (f) and (g) also apply to the prohibits vented caps on the subcompact tractor. the offering for transportation or the transportation Section 173.21 (g) of packagings that give off a flammable gas or vapor likely to create a flammable mixture with air in a transport vehicle. Section 173.24 (f) requires closures on packagings to be secure environment from the opening. and leakproof with no release of hazardous materials to the venting to reduce internal pressure only under certain Section 173.24 (g) permits conditions, including when the evolved gases are not likely to 173.220 020057#

Page 2create a flammable mixture with air under normal conditions of transportation. be securely closed to prevent the escape of gas or vapor. Thus, vents in a cap such as you describe must if you need additional information. I hope this information is helpful. Please contact this office Sincerely, Susan E. Gorsky Transportation Office of Hazardous Materials | Regulations Specialist Standards#

Page 3: McIntyre WEGMAN, HESSLER & VANDERBURG 3173.220 A LEGAL PROFESSIONAL ASSOCIATION Definition ATTORNEYS AT LAW 02-0057 6055 ROCKSIDE WOODS BOULEVARD SUITE 200 DAVID R. BUTTON CLEVELAND, OHIO 44131-2302 DAVID W. HILDEBRANDT DEREK KAESGEN (216) 642-3342 TELEPHONE DONNA M. DRESP NATHAN E. HESSLER STEVEN E. PRYATEL RICHARD T. COYNE JENNIFER A. CORSO SIMON P. DEMIAN LAWRENCE S. CROWTHER CHRISTOPHER A. HOLECEK (216) 520-0145 FACSIMILE CARL D. GUM III JOHN J. GEFFERT KEVIN M. BROKAW JEFFREY W. KRUEGER CHARLES R. ENNIS February 4, 2002 OF COUNSEL PAHA M NOLECO MARTIN J. WEGMAN (1918-1977) jigeffert@wegmanlaw.com VIA REGULAR MAIL Mr. Edward Mazzullo Director of Hazardous Materials Standards 400 Seventh Street S.W. United States Department of Transportation/RSPA (DMH10) Washington D.C. 20590-0001 Re: Interpretation of § 173.220 and vented gas caps Dear Mr. Mazzullo: Pursuant to a January 30, 2002, telephone conversation with Cameron of your office and on his reconmendation, I am writing to request your interpretation of § 173.220 of the Hazardous Materials Regulations and Procedures. In particular, I would like an interpretation of the phrase "securely closed" as used throughout § 173.220. intends to ship with enough fuel in the tank and fuel system to allow the product to be driven onto My client has a new product, a component part of which is a gasoline engine, which it and off of a tractor-trailer. The new product is a subcompact tractor to which § 173.220 appears to apply. According to § 173.220(b)(1), the fuel tank, engine components, or fuel lines may contain up to 500 mL of residual fuel if they are "securely closed to prevent leakage of fuel during transportation." Additionally, § 173.220(b)(4)(i) permits more than 500 mL of fuel to remain in self-propelled vehicles and mechanical equipment if transported by motor vehicle or rail car and the fuel tanks are "securely closed." During our telephone conversation, Cameron indicated that products could likely be shipped with full tanks so long as the tanks are securely closed.#

Page 4Mr. Edward Mazzullo February 5, 2002 Page 2 of 2 My client uses a vented cap on the fuel tank of its product, as opposed to the sealed and pressurized system used in automobiles. This is a key factor in interpreting whether my client's gas tank can be "securely closed." The cap is vented in order to allow gasoline to freely and efficiently flow through the gravity-fed fuel system while avoiding the creation of a vacuum within the tank. Additionally, for satety reasons, the vented cap serves to release pressure from the tank leaking out of the tank, which is in an upright position. The subcompact tractor is loaded, during normal operation. During transport, the cap will prevent gasoline from splashing or transported and stored in an upright position on its four wheels. The cap also contains a valve that but and, effectively securely closing the tank and fuel system (See attached photos). If you woul will seal off the tank if the product is on its side or upside-down, preventing any fuel from leaking to provide such information upon your request. like further information regarding the actual mechanical functioning of the valve, I would be happy It is likely that the product will carry only a small amount of fuel while in transit, possibly the tank and fuel system is to allow the product to be loaded and unloaded from a tractor-trailes less than the 500 mL allowed under § 173.220(b)(1). The purpose for keeping the residual fuel it during shipment. It will be appreciated if you can offer an official interpretation of the above-mentioned regulations with respect to my client's use of a vented fuel cap on its new product. We would like to know if the use of a vented fuel cap with a sealing valve fits within the meaning of "securely losed" as it is used throughout § 173.220. If you should have any questions or need any additional information, please do not hesitate to contact me at (216) 642-3342. Very truly yours, enc#