{"operation":"document","citation":"04-0076","title":"ECHO Incorporated — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2004-04-06","effective_on":null,"summary":"04-0076 response to ECHO Incorporated concerning 173.220.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0076.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0076.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0076","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2004/040076.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\n400 Seventh St., S.W.\nWashington, D.C. 20590\nResearch and\nSpecial Programs\nAdministration\nAPR - 6 2004\nMr. Keith Petropoulos\nECHO Incorporated\nRef. No. 04-0076\n400 Oakwood Road\nLake Zurich, Il 60047-1564\nDear Mr. Petropoulos:\nThis is in response to your letter and subsequent phone conversation with Ben Supko of my staff\nconcerning the regulation of outdoor equipment containing small two-cycle engines under the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180).\nYou state that before these products are shipped they are tested by starting the engines using a fuel\nline directly inserted into the carburetor, bypassing the fuel tank. After confirmation that the engine\nworks, the fuel line is closed and engine runs until all the fuel is consumed and the engine stops. At\nthis point, the primer bulb is pumped while pulling the starting cord to force any residual fuel and\nvapors from the engine. It is your belief that this method of emptying and purging the small two-\ncycle engine of hazardous materials meets the requirements for being considered empty under\n§ 173.220(a)(1).\nAn engine may be considered empty if the fuel tank, lines and engine components have been\ndrained, sufficiently cleaned of residue, and purged of vapors to remove any potential hazard.\nWhile it is the responsibility of the shipper to properly classify their materials for transportation, it is\nthe opinion of this Office that the methods you employ sufficiently clean and purge the engines and\nremoves any potential hazards, thus meeting the requirements in § 173.220(a)(1) to be considered\nempty.\nI hope this satisfies your request.\nSincerely,\nChief, Standards Development\nOffice of Hazardous Materials Standards\n§173.220 (a)()\n040076\n\n<<<PAGE 2>>>\n\nMAR-28-2004\n15:50\nECHO DISTRIBUTION\n847 438 9624•\nP.Ø1/02\nMECH.\nSupko\nECHO INCORPORATED\n400 OAKWOOD ROAD\n$ 173,220 (9)(1)\nLAKE ZURICH, IL 60047-1564\nTo: Ben\n(847) 540-8400\nApplicability\n2 Pages\n(847) 540-8413 FAX\n.. -..\n04-0076.\nMarch 29, 2004\nMr. Edward T. Mazzullo, Director\nU.S. DOT/RSPA\nDHM-10\n40029 tone, D.C. 20024\nRe:\nRegulation of Air Transport of Two-cycle Engines\nDear Sir:\nEcho, Incorporated is a manufacturer of outdoor power equipment, i.e., grass trimmers, blowers,\nchain saws, etc. Our products are powered by two-cycle engines which are fueled by a 50/1 gas/oil\nmixture.\nPart of our manufacturing process includes the testing/starting of all engines. This is accomplished\npumps the primer bulb while pulling the cord to force any residual fuel from the engine. At no time\nduring the procedure is any fuel put into the gas tank.\nI have reviewed the code of federal regulations regarding shipment of hazardous materials. The\npertinent regulation appears to be 173.220. However, its only reference to air transport is referra\nto conformity, with 175.305 which deals only with self-propelled vehicles, not two-cycle engines.\nWe have been given verbal opinions that because of the fuel burnöff and purge procedures followed\nthat our engines do not fall under the Hazmat regulations.\nHowever, we would appreciate a written opinion regarding shipping classification and requirements\nbased on the information given above.\nWe certainly wish to comply with transport regulations, but, obviously, don't want to incur\nadditional expenses related to Hazmat procedures if not necessary.\n\n<<<PAGE 3>>>\n\nMAR-28-2004\n15:50\nECHO DISTRIBUTION\n847 438 9624\nP.Ø2/02\nMECHO.\nPage 2\nThank you in advance for your response.\nVery truly yours\nReak Pete\nKeith Petropoulos\nTraffic Supervisor\nEcho, Incorporated\nTOTAL P.02","truncated":false,"body_characters":3599}