{"operation":"document","citation":"08-0045","title":"Kubota Manufacturing of America — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2008-03-28","effective_on":null,"summary":"08-0045 response to Kubota Manufacturing of America concerning 173.220.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0045.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0045.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0045","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2008/080045.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, D.C. 20590\nMAR 2 8 2001\nMr. Brian Arnold\nKubota Manufacturing of America\n27 1 5 Ramsey Road\nGainesville, GA 30501\nReference No. 08-0045\nDear Mr. Arnold:\nThis is in response to your e-mail transmission requesting clarification of the applicability of\nthe Hazardous Materials Regulations (HMR; 49 CFR Parts 171 -1 80) to the shipment of utility\nvehicles with gasoline fuel systems. You state that you will be transporting utility vehicles\nwith fully closed and sealed gasoline fuel systems with non-vented caps via tractor trailer or\nrail car and that the fuel systems will contain less than 500 mL (1 7 ounces) of gasoline. You\nask us to confirm your understanding of the HMR that 8 173.220(b)(l) authorizes the fuel\ntank, engine components or fuel lines to contain up to 500 mL of gasoline provided they are\nsecurely closed to prevent leakage of fuel during transportation. You also ask us to confirm\nyour understanding that 5 173.220(b)(4)(i) authorizes more than 500 mL of gasoline for self-\npropelled vehicles and mechanical equipment being transported by motor vehicle or rail car\nprovided the fuel tanks are securely closed.\nYou are correct in your understanding of 8 173.220(b)(l) and (b)(4)(i). In addition to the fuel\nsystem being securely closed in a manner to prevent leakage of fuel during transportation, any\nbatteries must conform to the applicable conditions in 9 173:220. Provided there are no other\nhazardous materials, except for those that are integral to the vehicle or for safety reasons must\nbe securely installed in the vehicle (see 5 173.220(e)), utility vehicles that meet the applicable\nprovisions in 8 173.220 are not subject to any other requirements under the HMR (see\n5 173.220(g)) when transported by motor vehicle or rail car.\nI hope this information is helpful. Please contact this office if you have additional questions.\nHattie L. Mitchell\nChief, Regulatory Review and Reinvention\nOffice of Hazardous Materials Standards\n\n<<<PAGE 2>>>\n\nDrakeford, Carolyn <PHMSA>\nFrom: INFOCNTR <PHMSA>\nSent: Thursday, February 21, 2008 8:56 AM\nTo: Drakeford, Carolyn <PHMSA>\nSubject: FW: official interpretation of $1 73.220 regulations\nFrom: Mike Foster [mailto:fosterm@kubota-kma.com]\nSent: Wednesday, February 20, 2008 4:42 PM\nTo: Special Permits <PIHMSA>\nSubject: official interdretation of 5173.220 regulations\nTo Whom It May Concern:\nKubota ~ a n d f a c t u r i n ~ of America is a manufacturing facility in Gainesville, GA that currently\nproduces sub compact tractors, lawn mowers and four wheel drive utility vehicles. Currently most of\nour models are driveh by diesel engines. Kubota Manufacturing of America does produce a gasoline\nmodel lawn mower vhith a vented gasoline cap and fuel system, which is currently shipped with a new\ngasoline tank (zero residual fuel) in accordance with DOT regulations 5 173.220(b)(l) and 5 173.00(b)\n(4)(i). I\nKubota is in the process of developing a new model four wheel drive gasoline driven utility\nvehicle which will have a fully closed and sealed gasoline fuel system with a non-vented cap, similar to\nwhat would be found^ on a standard automobile. It is our understanding that in accordance with\n§173.220(b)(l), the $el tank, engine components or fuel lines may contain up to 500 mL of fuel\n(gasoline) if they are \"securely closed to prevent leakage of fuel during transportation\" Additionally,\n§173.220(b)(4)(i) permits more than 500 mL of fuel to remain in the fuel tank of self-propelled vehicles\nand mechanical equipment if transported by motor vehicle or rail car and the fuel tanks are \"securely\nclosed.\"\nIt is our intent and desire to leave a small amount of gasoline in the fuel system (less than 500\nrnL) for the purpose of loading and unloading the product onto tractor trailers for shipment. It would be\nappreciated if you could provide an official confirmation or correction of our interpretation of 5 173.220\nallowing Kubota Manufacturing of America to ship units with a closed cap fuel system with less than\n500 rnL of gasoline via tractor trailer or rail car. Should you have any questions or need additional\ninformation, please do not hesitate to contact me at (404)735-8614.\nVery truly yours,\nBrian Arnold\n27 1 5 Ramsey Road\nGainesville, Georgia 3050 1\nDirector, Manufacturing\nKubota Manufacturing of America","truncated":false,"body_characters":4436}