{"operation":"document","citation":"02-0229","title":"The Toro Company — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2003-05-21","effective_on":null,"summary":"02-0229 response to The Toro Company concerning 173.220.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-02-0229.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-02-0229.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-02-0229","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2002/020229.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\nMAY 2 1 2003\n400 Seventh St., S.W.\nWashington, D.C. 20590\nSpecial Programs\nResearch and\nAdministration\nMr. Mike O'Connor\nRef. No. 02-0229\nThe Toro Company\n8111 Lyndale Avenue South\nBloomington, Minnesota 55420-1196\nDear Mr. O'Connor:\nThis responds to your letter regarding requirements for shipping lawn maintenance equipment, such as\ncommercial and residential lawn mowers, various commercial turf equipment, utility vehicles, and a full\nline of snow throwers, operated by a gasoline-powered, internal combustion engine under the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180). You enclosed catalogs of your\ncompany's products. We apologize for the delay in responding and hope it has not caused any\ninconvenience.\nYou asked whether the exceptions in § 173.220(e) for an internal combustion engine apply to lawn and\nmaintenance equipment containing an internal combustion engine when transported in commerce by\nmotor vehicle, rail car, aircraft or vessel. Toro's products are as follows:\n1.\nUtility Vehicle\n2.\nCompact Utility Loader\n3.\nConsumer Power Lawn Mowers\n4.\nCommercial Power Lawn Mowers\n5.\nLawn and Garden Tractors\n6.\n7.\nEdgers, Trimmers and Blowers\nSingle and Two Stage Snow Throwers\n8.\nCommercial Turn Equipment\nAn internal combustion engine, self-propelled vehicle, or mechanized equipment containing an internal\ncombustion engine is subject to the requirements of the HMR if the engine or fuel tank contains a liquid\nor gaseous fuel, it is equipped with a wet electric storage battery, or it contains other hazardous\nmaterials subject to the requirements of the HMR. A battery powered vehicle or equipment is subject\nto the HMR if it is equipped with a wet electric storage battery or it contains other hazardous material\nsubject to the requirements of the HMR.\nIn accordance with § 173.220(b)(1), a fuel tank containing a flammable liquid fuel (e.g., gasoline) must\nbe drained and securely closed, except that up to 500 mL (17 ounces) of residual fuel may remain in\nthe tank engine components or fuel lines provided they are securely closed to prevent leakage of fuel\nduring transportation. For transportation by motor vehicle or rail car, flammable liquid fuel greater than\n3\n020229\n\n<<<PAGE 2>>>\n\n500 mL may remain in self-propelled vehicles and mechanical equipment, provided the fuel tanks are\nsecurely closed. For transportation by vessel and aircraft, flammable liquid fuel greater than 500 mL\nmay remain in self-propelled vehicles and mechanical equipment, provided the shipments conform to\n$$ 176.905 or 175.305, respectively. Wet batteries in vehicles, machinery or equipment must be\nsecurely installed and fastened in an upright position and must be protected against short circuits and\nleakage or removed and packaged separately under § 173.159. (see § 173.220(c)).\nAn internal combustion engine or mechanized equipment containing an internal combustion engine that is\ntransported in accordance with the provisions of § 173.220 is not subject to any other requirements of\nthe HMR when transported by motor vehicle or rail car. An internal combustion engine or mechanized\nequipment containing an internal combustion engine that is transported in accordance with the\nprovisions of § 173.220 is excepted from the marking, labeling and placarding requirements of the\nHMR and § 172.604 when transported by aircraft or vessel. All other applicable requirements of the\nHMR, including shipping papers, must be met. For transportation by vessel, additional exceptions are\nspecified in § 176.905.\nBattery powered vehicles, machinery or equipment are excepted from the requirements of the HMR\nwhen transported by rail, highway or vessel when the wet batteries are: (1) securely installed and\nfastened in an upright position; and (2) protected against short circuits and leakage or the battery is\nremoved and packaged separately under § 173.159. Battery powered vehicles, machinery or\nequipment that are transported in accordance with the provisions of § 173.220 are excepted from the\nmarking, labeling and placarding requirements of the HMR and § 172.604 when transported by\naircraft.\nAll other applicable requirements of the HMR, including shipping papers, must be met.\nI hope this satisfies your inquiry. If we can be of further assistance, please contact us.\nSincerely,\nan Hillis\nDelmer F. Billings\nChief, Standards Development\nOffice of Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\nTORO\nThe Toro Company\n81101952% 8-fu South, wro.com Min Fax 952880-8258\nEngram\nAugust 27, 2002\n$173.220\nMr. Ed. Mazzullo\nEngines\nDirector\nOffice of Hazardous Materials Standards\n02-0229\nRSPA-HM10\nDepartment of Transportation\n400 Seventh Street SW\nWashington D.C. 20590\nRe:\nInterpretation of C.F.R. $173.220\nDear Mr. Mazzullo:\nToro manufactures a wide variety of lawn maintenance equipment, such as commercial\nand residential lawn mowers, various commercial turf equipment, utility vehicles, as well\ninternal combustion engine for operation.\nas a full line of snow throwers. A majority of these products require a gas-powered,\nRecently, United Parcel Services (\"U.P.S.\") has informed Toro that it will no longer ship\ncontained, gasoline because U.P.S. considers these engines to be hazardous materials\nor deliver any of Toro's internal combustion engines which contain, or have previously\nunless we provide a written interpretation from the Department of Transportation that\nhas severely hindered Toro and its distributors from quickly and efficiently repairing and\nToro is in compliance with the applicable regulations. By taking such a position, U.P.S.\nreturning these engines to Toro customers.\nfrom the Office of Hazardous Material Standards on the hazardous material classification\nIn order to continue to meet Toro's customer needs, Toro is requesting a determination\nof the following Toro Products:\n1.\n2.\nUtility Vehicle\nCompact Utility Loader\n3.\nConsumer Power Lawn Mowers\n4.\nCommercial Power Lawn Mowers\n5.\nLawn and Garden Tractors\n6.\nEdgers, Trimmers, and Blowers\n7.\nSingle and Two Stage Snow throwers\n8.\nCommercial Turf Equipment\n\n<<<PAGE 4>>>\n\nTo further assist you, I have enclosed various Toro catalogs that accurately depict and\ndescribe the products for which the interpretation would apply.\nWe believe these products, when shipped by motor vehicle or rail car, meet the exception\nlisted at C.F.R. §173.220(e)(1) and are not subject to any requirements of subchapter 49\nC.F.R., Subchapter C, Hazardous Materials Regulations.\nAdditionally, we believe these products, when shipped by vessel or aircraft, are not\nsubject to the requirements of this subchapter, provided that the following conditions are\n1.\nThe fuel tanks, engine compartments, and fuel lines are completely\ndrained, sufficiently cleaned of residue, and purged of vapors to\nremove any potential hazard and the engine will not release any\nliquid fuel no matter what position the product is held in is held in.\nC.F.R. §173.220(a)(1); or\n2.\nA fuel tank, engine components, or fuel line may contain 500 ml\n(17 ounces) of residual fuel provided they are securely closed to\nprevent leakage. C.F.R. §173.220(b)(1); and\nThe batteries are securely fastened in an upright position and\nprotected against short circuits and leakage. C.F.R. §173.220(c).\nToro has procedures set up to ensure that these exceptions to the regulations are followed.\nPlease provide written confirmation that Toro is correctly interpreting these regulations\nso that we can in turn provide this to U.P.S.\nIf you have any questions regarding Toro, its products, or this request, pleases do not\nhesitate to contact me at (952) 887-8313.\nThank you for your time and I look forward to your response.\nVery truly yours,\nmike O'Connor\nMike O'Connor\nEnvironmental, Health and\nSafety Compliance Manager\nThe Toro Company","truncated":false,"body_characters":7813}