{"operation":"document","citation":"10-0270","title":"Mr. James La Porte — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2011-02-16","effective_on":null,"summary":"10-0270 concerning 173.220, 173.6.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0270.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0270.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0270","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2010/100270.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration\nFebruary 16, 2011\nMr. James La Porte\n1670 Axtell\nTroy, MI 48084\nReference No. 10-0270\n1200 New Jersey Ave. SE\nWashington. D.C. 20590\nDear Mr. La Porte,\nThis is in response to your e-mail inquiry requesting clarification of the Hazardous Materials\nRegulations (HMR; 49 CFR Parts 171-180) applicable to the transportation of portable\ngenerators containing gasoline. Specifically, you ask whether gasoline may remain in portable\ngenerators being transported via ground if the fuel tank is securely closed and, if so, whether the\namount of gasoline in the generator must meet the quantity limitations in § 173.6 pertaining to\nthe material of trade (MOT) exceptions. You also ask whether any other HMR requirements\nmust be met. You reference a previous letter issued to you from this Office on July 28,2009\n(#09-0145) responding to similar questions for portable generators containing [diesel] fueL\nThe modal exceptions in § 173.220(b)( 4) apply to flammable liquid fuels and the answer to\nyour questions above are the same as provided in the July 28, 2009 response. As explained in\nthat letter, a portable generator containing more than 17 ounces of liquid fuel is excepted from\nthe HMR provided the requirements in § 173.220(b)(4) are met. This also applies to portable\ngenerators containing gasoline. Therefore, for transportation by motor vehicle or rail car,\nprovided the fuel tanks are securely closed as specified in § 173 .220(b )( 4 )(i), a portable\ngenerator containing gasoline is excepted from all other HMR requirements (see § 173.220(g»,\nwhich includes the 440-pound weight limit for MOTs shipments.\nI hope this information is helpful. Please contact this office should you have additional\nquestions.\nSincerely,\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<<PAGE 2>>>\n\nDrakeford, Carolyn (PHMSA)\nFrom: Mcintyre, Joan (PHMSA) -pu y t-Q..b l--e.. ben-eY'GttvvSent:\nTuesday, November 30,20105:39 PM\nTo: Drakeford, Carolyn (PHMSA) ID- 0210\nSubject: FW: Another Question\nAttachments: DOT Letter - MOT.pdf\nCarolyn,\nI am going to reply to Mr. La Porte that you will be logging this in as an interp - OK? (I\nwill copy you.) .It should be 173.220. I will be glad to have it as my next assigned letter\nif you like.\nJoan\n54e/286-0523\n·····Or1g1na1 Message····· ~ ~~\nFrom: LA PORTE, JAMES J (ATTS ) Jmailto: jl7454@att.com],\\\nSent: Tuesday, November 30, 201 .13 PM\nTo: Drakeford, Carolyn (PHMSA); McIntyre, Joan (PHMSA)\nSubject: Re: Another Question\nCarolyn/Joan,\nMy questions relates to gasoline in a standby portable generator ~at is being transported in\nor on trailer via ground transport (truck or trailer). I had submitted and received a letter\nfor diesel fuel ( «DOT Letter - MOT.pdf» ).\nMy questions relates to whether gasoline can remain 1n a stand by generator that is\ntransported by ground on a truck or in a trailer and if the gasoline is subject, to the HMR\nrules including the DOT MOT regulations. Under 49 CFR 173.220(b)(4) it states that:\n(4) Modal exceptions. Quantities of flammable liquid fuel greater than 50e mL (17 ounces) may\nremain in self-propelled vehicles and mechanical equipment only under the following\nconditions: (i) For transportation by motor vehicle or rail car, the fuel tanks must be\nsecurely closed.\nIn this case, could a stand-by gasoline generator (a piece of\nmechanical) equipment be transported in a trailer or on a truck via ground transport if the\ntank is securely closed. If so, does the quantity of gasoline subject to the DOT MOT\nregulations.\nI would like a written response if possible.\nRegards,\nJim La Porte\n1\n\n<<<PAGE 3>>>\n\n1200 New Jersey Ave., SE\nU.S. Department Washington, DC 20590\nof Transportation\nPipeline and Hazardous Materials\nSafety Administration\nJut 28 2009\nMr. James La Porte\n1670 Axtell\nTroy, MI 48084\nRef. No. 09~0145\nDear Mr. La Porte:\nThis responds to your June 17, 2009 inquiry concerning requirements applicable to the\ntransportation of portable generators containing fuel under the Hazardous Materials\nRegulations (HMR; 49 CFR Parts 171-180). Specifically, you ask ifportable generators that\ncontain fuel are excepted from the HMR under § 173.220(b)(4).\nThe answer is ye§,,~Ihaccordance with provisions in §§ I 73.220(b)(4) and I 73.220(g), a\nportable ge:rtemfor containing more than 17 ounces of liquid fuel that is transported by\nhigh~.;M5r rail is excepted from HMR requirements provided all the conditions listed in\nparagraph (b)(4) arc met.\nYou also ask whether the 440~pound weight limit in the materials of trade (MOTs) exception\nin § 173.6 applies to the shipment of your portable generators containing fuel. A portable\ngenerator transported in accordance with § 173 .220(b)( 4) is excepted from all other HMR\nrequirements. Thus, the 440-pound weight limit for MOTs shipments docs not apply.\nI hope this answers your inquiry.\nSincerely,\n'~~ f::;:~\nChief, S landards Development\nOffice of Hazardous Materials Standards","truncated":false,"body_characters":5051}