{"operation":"document","citation":"09-0253","title":"Lighting Eliminators & Consultants, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2009-12-02","effective_on":null,"summary":"09-0253 response to Lighting Eliminators & Consultants, Inc. concerning 173.220.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0253.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0253.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0253","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2009/090253.pdf","body":"<<<PAGE 1>>>\n\nU.S. Deportment of Transportation Pipeline and Hazardous Materials\nSafety Administration\nDEC i 2009\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nMr. Lee Howard\nProgram Manager\nLighting Eliminators &\nConsultants, Inc.\n6687 Arapahoe Road\nBoulder, Colorado 80303\nRef. No.: 09-0253\nDear Mr. Howard:\nThis responds to your letter dated November 2,2009, regarding the requirements in the\nHazardous Materials Regulation (HMR; 49 CFR Parts 171-180) applicable to a small\nelectric powered generator run by gasoline in a fuel tank having a capacity of less than\none gallon. According to your letter, the motor or internal combustion engine within the\ngenerator is similar to that of a lawn mower. The generator operates test equipment used\nto perform surveys in remote locations. You plan to ship the generator on/in a standard\nwooden pallet or a shipping case on a commercial freight truck (e.g., DHL, Fed EX, etc.)\nfor transportation by highway.\nMechanical equipment containing an internal combustion engine and a flammable liquid\nfuel tank, such as your motorized small electric powered generator, is subject to the\nrequirements ofthe HMR when transported as cargo on a motor vehicle, rail car, vessel\nor aircraft (see § 173.220(a)). For transportation by motor vehicle or rail car, provided\nthe fuel tank is securely closed, the mechanical equipment is not subject to any other\nrequirements under the HMR (e.g., shipping papers, labeling, marking, placarding, or\nemergency response information). Fuel may remain in engines and fuel tanks when\ntransported by highway or rail (see § 173.220(b)(4) and (g)(l) and (2)).\nI hope this information is helpful. Ifwe can be of further assistance, please contact us.\nSincerely, { ;'\\\nt\\ r \\\\ hy-\nf I\" I .. ./ ,--..-... ,,,,. .+, .:' \\\nil):H .. 'n \".(';L~\nj iiCharles\nE. Betts\ntChief, Standards Development\nOffice of Hazardous Materials Standards\n\"\\\"\n\n<<<PAGE 2>>>\n\nEng rnVYl\nts l1.\"3 ,,~\"ZO\nPage 1 of2\nDrakeford, Carolyn (PHMSA)\n~r~JJ~/nes\nFrom:\nINFOCNTR (PHMSA)\nSent:\nMonday. November 02, 2009 2: 10 PM\nTo: Drakeford, Carolyn (PHMSA)\nSubject: FW: Request for Formal Letter\nFrom: Lee Howard [mailto:LEE@LightningEliminators.com]\nSent: Monday, November 02,20099:38 AM\nTo: INFOCNTR (PHMSA)\nSUbject: Request for Formal Letter\nDear reader,\nRecently I have been in discussion with members ofthe Hazardous Materials Information Center office to\nanswer/clarify a question I had regarding the transportation of gasoline within a electric power generator.\nhave a small electric power generator that runs on gasoline - the fuel tank's capacity is less than 1 gallon. The\nmotor within the generator would be similar to that of a lawn mower. I am an electrical engineer and the\ngenerator will be used to run test equipment when I am performing surveys in remote locations. The question I\nhave regards the shipping of the generator to the test sites with fuel in the tank. At this point I would like to\nplace the generator on/in a standard wood pallet, or a shipping case and ship it, over the road, via a freight truck\ni.e. DHL, Fed Ex, etc, to the sites.\nIn reviewing 49 CFR, I believe part 173.220 is relevant: \"Internal combustion engines, self-propelled vehicles,\nmechanical equipment containing internal combustion engines, and battery powered vehicles or equipment.\"\nMy question, more directly, is section (b) \"Requirements\", paragraph (4) \"Modal exceptions\": where it generally\nstates that quantities of flammable liquid fuel greater than 500 ml may remain in the mechanical equipment\n( i.e. I do not need to drain the fuel tank and fuel lines) when being transported by motor vehicle or rail car.\nThe definition of }}motor vehicle\" then became important and was found in part 171\" General information,\nregulations and definitions•••\" in short the definition states \"Motor vehicle includes a vehicle, machine, tractor,\ntrailer, or semitrailer, or any combination thereof, propelled or drawn by mechanical power and used upon the\nhighways in the transportation of passengers or property...\"\nIt is my interpretation then, that the over the road shipment of the generator, in a pallet or case, via a national\ncarrier such as DHL, with or without fuel in the fuel tank meets 49 CFR and is therefore permissible. I reviewed\nmy interpretation with a Hazardous Materials Information Center representative, named Victoria, when I called\n800.447.4922. Victoria came to the same conclusion I had and our conversation ended. The Logistics Manager\nof our company was surprised and asked me to get it writing... So, after another phone call and receipt of an email\naddress, here I am asking you to review the sections listed above in anticipation of a formal letter from your\noffice essentially stating that based on the method of shipping, that a freight truck is considered a \"motor\nvehicle\" and that shipment of the generator with or without fuel, via a freight truck is permissible.\nI thank you for your patience in reading my long-winded explanation and I look forward to your response.\nOq~0253\nRegards,\nLee Howard\nProgram Manager\n11/2/2009\n\n<<<PAGE 3>>>\n\nPage 2 of2\nR&D I Smart Ground\nDirect: (303) 951-3124\nLeeH@LECgiobal.com\nLightning Eliminators & Consultants, Inc.\n6687 Arapahoe Road. Boulder. Colorado 80303. USA\nPhone: +1 (303) 447-2828\nFAX: +1 (303) 951-3224\n:w\"(w.LJ:C.gIQl1aL~Qm\n1112/2009","truncated":false,"body_characters":5334}