{"operation":"document","citation":"06-0261","title":"Wiley Rein & Fielding LLP — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2007-04-06","effective_on":null,"summary":"06-0261 response to Wiley Rein & Fielding LLP concerning 173.220.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0261.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0261.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0261","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2006/060261.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportatior\nWashington, D.C. 20590\n400 Seventh Street, S.W.\nlazardous Materials Safet\nipeline ant\nAdministration\nAPR\n6 2007\nMr. George A. Kerchner\nRef. No. 06-0261\n1776 K Street, NW\nWiley Rein & Fielding LLP\nWashington, DC 20006\nDear Mr. Kerchner:\nThis is in response to your November 1, 2006 letter requesting clarification under the\nHapmenus Malarie roy alains He rammER liquid powered Specificaty. you\nask for clarification of requirements when shipping the buoy domestically and\ninternationally using different modes of transportation.\nYou describe the contents of the buoy, which has an internal combustion engine, as\nflammable liquid powered, 9, UN3166.\"\nUnder § 173.22 of the HMR, it is the shipper's responsibility to properly classify and\nlowever, based on the information you provided, it is our opinion that the buoy shoul\nlescribe a hazardous material. This office generally does not perform this function\nbe described as \"Engines, internal combustion, 9, UN3166.\"\nYour questions are paraphrased and answered as follows:\nQ1. Is the buoy excepted from regulation when shipped domestically by motor vehicle or\nrail car pursuant to § 173.220(g)?\nAl. For transportation by motor vehicle or rail car, provided the fuel tank is securely\nagainst short circuits and leakage (or removed and packaged separately under § 173.159).\nclosed, the batteries securely installed, fastened in an upright position, and protected\nand other hazardous materials, if any, which are integral components are securely\ninstalled, mechanical equipment containing an internal combustion engine and a\nflammable liquid fuel tank is not subject to any other requirements under the HMR (see §\n173.220).\ncompliant with § 173.220 pursuant to § 176.905(i)(2)?\nQ2. Is the buoy excepted from regulation when shipped domestically by vessel when\n173.220\n060261\n\n<<<PAGE 2>>>\n\nA2. For transportation by vessel, provided there are no leaks in any portion of the fuel\nsystem, the mechanical equipment is not subject to any other requirements under the\nHMR\nQ3. What markings are required when the buoy is shipped by aircraft, both domestically\nand internationally?\n§ 173.220 are not subject to the marking requirements of the HMR (Subpart D of Part\nA3. Except as provided in $ 173.220(e)(2), shipments made under the provisions of\n172). Under the ICAO TI, Special Provision A87 excepts articles, which are not fully\nenclosed by packaging, crates or other means that prevent ready identification, from the\nmarking requirements of 5;2. Mechanical equipment packed (fully enclosed) in a non-\nspecification crate would be subject to the marking requirements. Mechanical equipment\nsecured to a pallet (and readily identified) would not be subject to the marking\nrequirements.\nQ4. Is a Class 9 label required when the buoy is shipped by aircraft, both domestically\nand internationally?\n$ 173.220 are not subject to the labeling requirements of the HMR (Subpart E of Par\n172). Under the ICAO TI, Special Provision A87 excepts articles, which are not fully\nenclosed by packaging, crates or other means that prevent ready identification, from the\nlabeling requirements of 5:3. Mechanical equipment packed (fully enclosed) in a non-\nspecification crate would be subject to the labeling requirements. Mechanical equipment\nrequirements.\n(without UN specification packaging) when shipped by aircraft, both domestically and\nQ5. May the buoy be shipped in non-specification packaging or secured to a pallet\ninternationally?\nInstruction 900.\nQ6. May diesel fuel remain in the tank in the buoy when shipped by aircraft, both\ndomestically and internationally?\nA6. A fuel tank for mechanical equipment that contains a Class 3 diesel fuel must be\ndrained and securely closed, except that up 500 mL (17 ounces) of residual fuel may\nremain in the tank provided the fuel tank is securely closed. A quantity of Class 3 diesel\nfuel greater than 500 mL may remain in mechanical equipment under the condition\noutlined in § 173.220(b)(4)(iii). Under the ICAO TI. mechanical equipment must be\n\n<<<PAGE 3>>>\n\nshipped in accordance with Packing Instruction 900(a). Accordingly, Class 3 diesel fuel\nmust be drained from the tank of an internal combustion engine in mechanical equipment.\nI hope this information is helpful. Please contact us if you require additional assistance.\n\n<<<PAGE 4>>>\n\nWRF, LLP FAX CTR\nFax: 202-719-7049\nNov 15 2006 17:12\nP. 02\nDer kinderen\nWiley Rein & Fielding LLP\n{|13.159\n$113:220\nApplicability\nWASHINGTON, DC 20006\n1776 K STREET NW\nNovember 15, 2006\n06-0261\n202.719.4109\nGeorge\nKerchner\nFAX\nPHONE\n202,719.7000\ngkerchnier@wrf.com\n202.719.7049\nVirginis Office\nMr. Edward Mazzullo\nSUITE 6200\n7925 JONES BRANCH DRIVE\nDirector of Hazardous Materials Standards\nPHONE\nMCLEAN, VA 22102\nPipeline and Hazardous Materials Safety Administration\nFAX\n703.905.2800\nU.S. Department of Transportation\n703.905.2820\n400 7* Street, SW\nWashington, DC 20590\nwww.wrf.com\nRe: Shipping Vehicle, flammable liquid powered\nDear Mr. Mazzullo:\nlarge buoy that contains the following materials:\nI am writing to request a clarification on the shipping requirements for a\n#2 diesel fuel with a flash point of >125° F\nO.\nLess than one gallon of anti-freeze/coolant\nThree gallons of lube oil\narrangement (The batteries are marked NONSPILLBALE and meet the\n6V sealed (nonspillable) lead acid batteries connected in a series/parallel\ntesting requirements in 49 CFR 173.159(d)(3) and 173.159(d)(4).)\nThe system is a sealed pressure vessel and weighs approximately 3200\nA bladder-type 32 gallon fuel tank\npounds\nEach unit will be secured to a pallet for shipment.\nBased on our review of the U.S. hazardous materials rogulations and ICAO\nliquid powered\" with an assigned Hazard Class 9 and identification (UN) number of\nTechnical Instructions, it appears the buoy is classified as a \"Vehicle, flammable\nfor shipping the buoy domestically and internationally:\nUN3166. Therefore, we have the following questions regarding the requirements\n1. Is the buoy excepted from regulation when shipped domestically by\nmotor vehicle and rail car pursuant to 49 CFR 173.220(g)?\n2. Is the buoy excepted from regulation when shipped domestically by\nvessel because it meets the requirements noted above and 49 CFR\n176.905(i)(2)?\n\n<<<PAGE 5>>>\n\nWRF, LLP FAX CTR\nFax: 202-719-7049\nNov 15 2006 17:12\nP. 03\nWiley Rein & Fielding up\nPage 2\nNovember 15, 2006\n3. When shipped domestically and internationally by aircraft the buoy will\nbe offered as \"Vehicle, flammable liquid powered,\" packed in a non-\nspecification crate or secured to a pallet, and the diesel will remain in the\nfuel tank.\na) Are any of the following markings required when shipped by\nNONSPILLABLE?\naircraft: UN number, shipping name, orientation arrows,\nc) May the buoy be packed in a non-specification crate or secured to'a\nb) Is a Class 9 label required when shipped by aircraft?\npallet without the use of any UN specification packaging when\nd) Is it acceptable for the diesel to remain in the tank when shipped by\nshipped by aircraft?\naircraft?\n*\nquestions regarding these issues, I can be reached at 202.719.4109 or\nThank you for taking the time to address these questions. If you have\ngkerchner@wrf.com.\nSincerely,\nGeorge A. Kerchiner\nGeorge A. Kerchner","truncated":false,"body_characters":7265}