{"operation":"document","citation":"02-0057","title":"Wegman, Hessler & Vanderburg — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2002-02-28","effective_on":null,"summary":"02-0057 response to Wegman, Hessler & Vanderburg concerning 173.220.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-02-0057.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-02-0057.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-02-0057","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2002/020057.pdf","body":"<<<PAGE 1>>>\n\nf Transportation\n.S. Departmen\n400 Seventh St., S.W.\nWashington, D.C. 20590\nFEB 28 2002\nRef. No. 02-0057\nMr. John J. Geffert\nWegman, Hessler & Vanderburg\n6055 Rockside Woods BIvd.\nCleveland, Ohio 44131-2302\nDear Mr. Geffert:\nthe requirements under the Hazardous Materials Regulations\nThis is in response to your letter requesting clarification of\nclosed\" in $ 173.220 (b) (1). You state that your client wishes\n(HMR; 49 CFR Parts 171-180) regarding the term \"securely\nfuel tank.\nto transport a subcompact tractor that has a vented cap on the\ntank to prevent leakage of fuel in the event the tractor does\nThe vented cap contains a valve that seals off the\nvented cap with\nnot remain upright during transportation.\na sealing valve is considered securely closed\nYou ask whether a\nunder the HMR.\nSection 173.220 (b) (1) and (b) (4) provides the requirements for\nThe term \"securely closed,\" as it applies to the vents in the\ntransporting self-propelled vehicles containing flammable fuel.\nto escape.\ncap, means that no flammable gas, vapor or liquid will be able\nalso securing vents in the cap does not satisfy the requirement\nSecurely closing the\ncap of the fuel tank without\nin § 173.220.\nSections 173.21 (g) and 173.24 (f) and (g) also apply to the\nprohibits\nvented caps on the subcompact tractor.\nthe offering for transportation or the transportation\nSection 173.21 (g)\nof packagings that give off a flammable gas or vapor likely to\ncreate a flammable mixture with air in a transport vehicle.\nSection 173.24 (f) requires closures on packagings to be secure\nenvironment from the opening.\nand leakproof with no release of hazardous materials to the\nventing to reduce internal pressure only under certain\nSection 173.24 (g) permits\nconditions, including when the evolved gases are not likely to\n173.220\n020057\n\n<<<PAGE 2>>>\n\ncreate a flammable mixture with air under normal conditions of\ntransportation.\nbe securely closed to prevent the escape of gas or vapor.\nThus, vents in a cap such as you describe must\nif you need additional information.\nI hope this information is helpful. Please\ncontact this office\nSincerely,\nSusan E. Gorsky\nTransportation\nOffice of Hazardous Materials |\nRegulations Specialist\nStandards\n\n<<<PAGE 3>>>\n\n:\nMcIntyre\nWEGMAN, HESSLER & VANDERBURG\n3173.220\nA LEGAL PROFESSIONAL ASSOCIATION\nDefinition\nATTORNEYS AT LAW\n02-0057\n6055 ROCKSIDE WOODS BOULEVARD\nSUITE 200\nDAVID R. BUTTON\nCLEVELAND, OHIO 44131-2302\nDAVID W. HILDEBRANDT\nDEREK KAESGEN\n(216) 642-3342\nTELEPHONE\nDONNA M. DRESP\nNATHAN E. HESSLER\nSTEVEN E. PRYATEL\nRICHARD T. COYNE\nJENNIFER A. CORSO\nSIMON P. DEMIAN\nLAWRENCE S. CROWTHER\nCHRISTOPHER A. HOLECEK\n(216) 520-0145\nFACSIMILE\nCARL D. GUM III\nJOHN J. GEFFERT\nKEVIN M. BROKAW\nJEFFREY W. KRUEGER\nCHARLES R. ENNIS\nFebruary 4, 2002\nOF COUNSEL\nPAHA M NOLECO\nMARTIN J. WEGMAN\n(1918-1977)\njigeffert@wegmanlaw.com\nVIA REGULAR MAIL\nMr. Edward Mazzullo\nDirector of Hazardous Materials Standards\n400 Seventh Street S.W.\nUnited States Department of Transportation/RSPA (DMH10)\nWashington D.C. 20590-0001\nRe:\nInterpretation of § 173.220 and vented gas caps\nDear Mr. Mazzullo:\nPursuant to a January 30, 2002, telephone conversation with Cameron of your office and\non his reconmendation, I am writing to request your interpretation of § 173.220 of the Hazardous\nMaterials Regulations and Procedures. In particular, I would like an interpretation of the phrase\n\"securely closed\" as used throughout § 173.220.\nintends to ship with enough fuel in the tank and fuel system to allow the product to be driven onto\nMy client has a new product, a component part of which is a gasoline engine, which it\nand off of a tractor-trailer. The new product is a subcompact tractor to which § 173.220 appears\nto apply. According to § 173.220(b)(1), the fuel tank, engine components, or fuel lines may\ncontain up to 500 mL of residual fuel if they are \"securely closed to prevent leakage of fuel during\ntransportation.\" Additionally, § 173.220(b)(4)(i) permits more than 500 mL of fuel to remain in\nself-propelled vehicles and mechanical equipment if transported by motor vehicle or rail car and\nthe fuel tanks are \"securely closed.\" During our telephone conversation, Cameron indicated that\nproducts could likely be shipped with full tanks so long as the tanks are securely closed.\n\n<<<PAGE 4>>>\n\nMr. Edward Mazzullo\nFebruary 5, 2002\nPage 2 of 2\nMy client uses a vented cap on the fuel tank of its product, as opposed to the sealed and\npressurized system used in automobiles. This is a key factor in interpreting whether my client's\ngas tank can be \"securely closed.\" The cap is vented in order to allow gasoline to freely and\nefficiently flow through the gravity-fed fuel system while avoiding the creation of a vacuum within\nthe tank. Additionally, for satety reasons, the vented cap serves to release pressure from the tank\nleaking out of the tank, which is in an upright position. The subcompact tractor is loaded,\nduring normal operation. During transport, the cap will prevent gasoline from splashing or\ntransported and stored in an upright position on its four wheels. The cap also contains a valve that\nbut and, effectively securely closing the tank and fuel system (See attached photos). If you woul\nwill seal off the tank if the product is on its side or upside-down, preventing any fuel from leaking\nto provide such information upon your request.\nlike further information regarding the actual mechanical functioning of the valve, I would be happy\nIt is likely that the product will carry only a small amount of fuel while in transit, possibly\nthe tank and fuel system is to allow the product to be loaded and unloaded from a tractor-trailes\nless than the 500 mL allowed under § 173.220(b)(1). The purpose for keeping the residual fuel it\nduring shipment.\nIt will be appreciated if you can offer an official interpretation of the above-mentioned\nregulations with respect to my client's use of a vented fuel cap on its new product. We would like\nto know if the use of a vented fuel cap with a sealing valve fits within the meaning of \"securely\nlosed\" as it is used throughout § 173.220. If you should have any questions or need any\nadditional information, please do not hesitate to contact me at (216) 642-3342.\nVery truly yours,\nenc","truncated":false,"body_characters":6254}